Camlets, English: not exceeding 31 inches wide and not exceeding 61 yards long .per piece.. .500 Flannel: not exceeding 33 inches wide per yard.. .015 .0472 Lastings, plain, figured or craped: not exceeding 31 inches wide and not exceeding 32 yards long .per piece.. .450 Llama braid Long ells: not exceeding 31 inches wide and not exceeding 25 yards long per piece .per picul.. 5.000 .250 Medium cloth: not exceeding 76 inches wide Russian cloth: not exceeding 76 inches wide per yard.. .0472 .0472 Woolen and worsted yarns and cords (not including Berlin wool) per picul.. 5.300 NOTE-If any of the articles enumerated in this tariff are imported in dimensions exceeding those specified, the duty is to be calculated in proportion to the measurements as defined. RULES * Imports unenumerated in this Tariff will pay Duty at the rate of 5 per cent. ad valorem; and the value upon which Duty is to be calculated shall be the market value of the goods in local currency. This market value when converted into Haikwan Taels shall be considered to be 12 per cent. higher than the amount upon which Duty is to be calculated. If the goods have been sold before presentation to the Customs of the Application to pay duty, the gross amount of the bona fide contract will be accepted as evidence of the market value. Should the goods have been sold on c. f. and i. terms, that is to say, without inclusion in the price of Duty and other charges, such c. f. and i. price shall be taken as the value for Duty-paying purposes without the deduction mentioned in the preceding paragraph. If the goods have not been sold before presentation to the Customs of the Application to pay Duty, and should a dispute arise between Customs and importer regarding the value or classification of goods, the case will be referred to a Board of Arbitration composed as follows: An official of the Customs; a Merchant selected by the Consul of the importer; and a Merchant differing in nationality from the importer, selected by the Senior Consul. Questions regarding procedure, etc., which may arise during the sittings of the Board shall be decided by the majority. The final finding of the majority of the Board, which must be announced within fifteen days of the reference (not including holidays), will be binding upon both parties. Each of the two merchants on the Board will be entitled to a fee of Ten Haikwan Taels. Should the Board sustain the Customs valuation, or, in the event of not sustaining that valuation, should it decide that the goods have been undervalued by the importer to the extent of not less than 72 per cent., the importer will pay the fees; if otherwise, the fees will be paid by the Customs. Should the Board decide that the correct value of the goods is 20 per cent. (or more) higher than that upon which the importer originally claimed to pay Duty, the Customs authorities may retain possession of the goods * In connection with these rules, consult the international Agreement relating to the revised import tariff of 1902 (No. 1902/6, ante). For the text of the Rules as revised by the International Tariff Conference, December 19, 1918, see the Rules annexed to No. 1918/18, at p. 1483, post. until full Duty has been paid and may levy an additional Duty equal to four times the Duty sought to be evaded. In all cases invoices, when available, must be produced if required by the Customs. Rule II.* The following will not be liable to Import Duty: Foreign Rice, Cereals, and Flour; Gold and Silver, both Bullion and Coin; Printed Books, Charts, Maps, Periodicals, and Newspapers; Samples in reasonable quantities, and certified to be for show and not for sale; Government Stationery for Consulates in China; Passengers Baggage for bona fide private use; Circulars, etc., distributed gratis by mercantile houses; and Private Effects (not including Wines, Stores, and Tobacco) of individual Foreigners imported by themselves for their own personal use and not for sale, provided that the Customs authorities are satisfied that the articles in question fulfil these conditions. A freight or part freight of Duty-free commodities (personal baggage of less than twenty passengers and Gold and Silver Bullion and Foreign Coins excepted) will render the vessel carrying them, though no other cargo be on board, liable to Tonnage Dues. Drawbacks will be issued for Ships Stores and Bunker Coal when taken on board. Rule III† Except at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them, Import trade is prohibited in all Arms, Ammunition, and Munitions of War of every description. No Permit to land them will be issued until the Customs have proof that the necessary authority has been given to the importer. Infraction of this rule will be punishable by confiscation of all the goods concerned. The import of Salt is absolutely prohibited. Subject to the approval of His Imp. & Roy. SHENG HSÜAN-HUAI. Apostolic Majesty's Government E. v. HIRSCH. JAS. L. MACKAY. E. HIOKI. M. ODAGIRI. Ad referendum advocaat F. B. v'JACOB. JOHN GOODNOW.‡ Note 1. In reference to the rights and privileges of consular officers as assessors in mixed cases in the Chinese courts, consult the following "Protocol of understanding in regard to the method of procedure to be followed when an American plaintiff sues a Chinese defendant in the Tientsin consular district": 66 Protocol of Procedure in Mixed Cases in Chinese Courts in Tientsin District.October 24, 1917. Court: Such cases are to be tried, not in the Shen P'an T'ing, but in a court held by the local territorial officials (Ti Fang Kwan). "Assessor: Notice of the time and place of the hearing, when set, shall be sent to the American Consul General well in advance, so that, in accordance with the treaty, he may, if he wishes, send an Assessor to sit in the case. *In the text as given in U. S. Treaty Series, Rule II is printed in full; but with reference to the two passages which are herewith printed in italics, there is added as a note the text of the despatch addressed by the foreign members of the Import Tariff Revision Commission to the Chinese Commissioners, under date of August 29, 1902 (printed at p. 340, ante, in the first note to No. 1902/6), recording the elimination from Rule II of the italicized passages. For modification of this rule, see the revised Regulations for arms and ammunition, May 30, 1908 (No. 1908/10, post). Signed by representative of France March 30, 1904; by representatives of Italy, Russia, Norway and Sweden, March 28, 1903; of Denmark, March 23, 1904; and of Portugal, November 11, 1904. "Introduction of Witnesses: The Assessor shall have the right to introduce such witnesses as he wishes, but the summons for witnesses of Chinese nationality shall be issued by the Judge of the Court hearing the case. It is understood that, when the Assessor indicates to the Judge his desire to introduce a certain witness, the Judge has no option but to summon that witness. " "Examination of Witnesses: The Assessor shall have the right, in accordance with the treaty, to question the witnesses produced in the Court, but it is understood that in putting his question to witnesses the procedure will be for the Assessor to inform the Judge at the time in the Court that he wishes a certain question put to the witness and that the Judge shall then and there, forthwith, put that exact question, in the words and phrasing of the Assessor to the witness. It is understood that the Judge has no option but to put the questions of the Assessor and to do so in the Assessor's exact words. "Cross Examination of Witnesses: The procedure in the cross examination of witnesses shall be the same as in direct examination, it being understood, in accordance with the treaty, that the Assessor has the right to cross examine any witness. "Recognition of Assessor: The Assessor shall be given due and proper recognition, treated with the courtesy due to his Government and his position, and seated at the table with the Judge, not at a side table. "Signed at Tientsin, China, this 24th day of October, 1917. "(Sealed) (Signed and sealed) "Special Commissioner of Foreign Affairs for Chihli Province. "(Signed) "P. R. JOSSELYN, "Vice Consul of the United States of America, in Charge of the American Consulate General at Tientsin, China." Note 2. To the text of the commercial treaty as printed in Customs is annexed (Vol. I, pp. 761 et seq.) the following exchange of notes in reference to the provisions of Article IV: Exchange of Notes regarding Taxes.-September 24, 1903. "In our discussions we have on several occasions insisted that this Treaty should embody both the provisions contained in the revised British Commercial Treaty recognizing the right of China to collect consumption duty and excise duty, and also her right to levy production duty in order to make good the duty which would have been leviable on goods in transit by the Native Custom-houses inland, now abolished. While you have not agreed to embody these provisions in your Treaty, you have constantly replied that the United States has no intention of limiting in this Treaty the sovereign rights of China excepting as specified therein. It was our intention to write a dispatch to be an Annex to the Treaty specially affirming the right of China to levy the taxes mentioned above. However, you have at our urgent request inserted in the 4th Article of this Treaty a very broadly worded clause as follows:- Nothing in this Article is intended to interfere with the inherent right of China to levy such other taxes as are not in conflict with its provisions.' "This more completely covers the ground than such a dispatch would have done. We therefore only desire now to state again that China reserves her right to levy any and all taxes, provided only that they do not conflict with the provisions of our Treaty with you. "We have the honor to be, Gentlemen, "Your obedient servants, [Cards enclosed] "Treaty Commissioners for China. "GENTLEMEN: "SHANGHAI, September 30th, 1903. We have received your dispatch of September 24th. "In framing this Treaty we have endeavored to recognize the right of China as a sovereign state to levy such taxes as are not in conflict with the provisions of this Treaty which is intended to extend the commercial relations between, and promote the best interests of, the people of the two countries. With this end in view, we inserted at your request in Article IV the clause Nothing in this Article is intended to interfere with the inherent right of China to levy such other taxes as are not in conflict with its provisions.' We, with Your Excellencies, appreciate the fact that this clause is comprehensive and conserves to the fullest extent the sovereign rights of China except as specified in this Treaty. Under date of October 1, 1907, was issued an Imperial Edict in regard to the protection of missions, of which the following is a translation: Chinese Imperial Edict for Protection of Missions.-October 1, 1917. "An Edict for the protection of missions in accordance with treaty provisions. It is the duty of all local officials to protect missionaries wherever found in China, in respect to their persons, lives, money and property. "In the last two or three years there have been cases in every province of the burning of the buildings belonging to missionary societies. No locality has been able to keep away from doing injury to missionaries. We are greatly grieved at this. We are pushing inquiries as to the cause. A large part of the disagreement arising between the missionary societies and the common people is caused by the crookedness of the Yamen underlings. "In times past treaties have been concluded in which it is clearly stipulated that missionaries shall do their duty in preaching their doctrines. Those who practice these doctrines should not be oppressively treated nor obstructed. If, however, there arises any question coming under the jurisdiction of Chinese law, the local officials must conform to said law in that which they do. The necessary distinctions are clearly shown. "Let the Viceroys and Governors of all the Provinces have printed all the clauses of the treaties concerned with missions and circulate them among their subordinates, to the end that they may be energetically explained to the people and observed by the officials. "The missionaries, on the other hand, must likewise observe treaty stipulations. The people, whether in or out of the mission societies are alike Our children and are all amenable to the country's law. So far as infraction of the laws and lawsuits are concerned all the people are on an equality. They should on no account be treated with any discrimination. Thus the laws will be respected. "Let it be known forthwith to the common people and to the members of the societies that the relations of each to the others must, according to their duty, be just; the officials and their underlings must be upright in their jurisdiction. Let the people and the members of the societies of their own accord make an end of their mutual anger and jealousy. For there are certain rowdies who deceitfully stir up trouble with false reports. Continual guard should be taken against these occurrences and on signs of their appearance they should be prevented. "If the local officials do not understand the treaty provisions, or if they are negligent or unjust in their administration, or if they are pusillanimous and backward in their actions, then gradually serious trouble will arise. In that case these officials will be sought out and condignly punished. This Decree is for their warning. 66 Respect this." See also the Memorial and Rescript of March 12, 1908, in regard to the revision of the procedure governing intercourse between the local officials and missionaries (No. 1908/4, post). NUMBER 1903/6. FRANCE AND CHINA. Contract for the Yunnan Railway.*-October 29, 1903. The 19th and 20th of the 3rd moon of the 24th year of Kuang-Hsü, corresponding to the 9th and 10th of April, 1898, Notes were exchanged between Mr. Dubail, Chargé d'Affaires of the French Republic at Peking, and the Tsungli Yamen. In those Notes is contained the following: 1st. The Chinese Government grants to the French Government, or to the French company which the latter may designate, the right to construct a railway running from the frontier of Tonkin to Yunnan Fu, the Chinese Government having no other obligation than to furnish the land for the road and its appurtenances. 2nd. The route of this line is now being surveyed and will be fixed later on by agreement between the two Governments. 3rd. Regulations will be jointly made. In the dispatch of the Tsungli Yamen it is said that these conventions are destined to draw closer the bonds of friendship that unite France and China, and that the two nations ought to strengthen the good relations that exist between them and avert forever any cause of conflict. The French Government has therefore designated, to construct and operate the railway from Tonkin to Yunnan Fu, the Compagnie française des Chemins de fer de l'Indo-Chine et du Yunnan, which has been constituted by the most important financial establishments of France. The route of the railway has, on the other hand, been surveyed by the French Government and then by the Compagnie française des Chemins de fer de l'IndoChine et du Yunnan. To give effect to the conventions cited above, the High Contracting Authorities have, by mutual agreement, established the present regulations for the purpose of averting forever any cause of conflict, and assuring the carrying out of the undertaking and the operation of the railway under conditions satisfactory to all. ARTICLE I.-The route of the railway to be constructed between the frontier of Tonkin and Yunnan Fu will start from Hokow and pass by or near Mengtsz on the way to Yunnan Fu. If it should hereafter be deemed necessary by the French Government to make any modifications in the route indicated above, notice thereof will be given to the High Authorities of the Province of Yunnan by official dispatches from the Consul General of France in residence in that province. After examining Translation from the French text. In connection with this contract see also the exchange of notes of April 9 and 10, 1898 (No. 1898/7, ante). See Note to this document, post, p: 462. |