611.623 Coal/68

The Assistant Secretary of State (Carr) to the Legal Adviser (Hackworth)

Mr. Hackworth: The German Ambassador called upon me to say that he was instructed by his Government to bring the following to the attention of the Department.

There had been some discussion with the Department by the Embassy on the subject of the taxability of coal imports. The Customs Court in July [June] rendered a decision which was satisfactory to the German Government and the Department is alleged to have written a note to the German Government to the effect that there would be no appeal from that decision. The Ambassador understood that the matter was settled, but upon his return finds that the Treasury Department has now appealed the case to the higher court. The Ambassador considers this an extraordinary course, in view of the very definite statement which he claims to [Page 533]have received from the Department that such an appeal would not be taken. He stated with great emphasis that he was instructed to ask that the appeal be withdrawn.

I told him that I was not familiar with the case, but I would have the matter examined and see what, if anything, could be done about it.

W[ilbur] J. C[arr]