Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-09-20
OFFICIAL.
CIRCULAR TO OFFICERS OF THE CUSTOMS


TaEAsURr DErARraEsr, SErr. IL, ls45
In the circular instructions from this Department addressed
Collectors and Naval Officers by my predecessor ON the
5 August 1914, have observed The following paragraphs
'.The Charge dAares Of his Majesty the King Of the
Netherlands has presented complaint that the duty Of
twenty per cent ad yalorem levied upon coffee imported
from the ports of the Netherlands is OF
s,bstng treaties between the United States and the King
Of the Netherlands, seeing that by the ninth section Of the
act OF s42 coffee imported in vessels Of The United States
from the place Of growth production exempt from duty
"By the first article Of the treaty Of 1899 between the
United States and the United Netherlands il is stipulated
that goods and merchandise whaieD1. their origin may
be, imported into exported from the ports Of the United
States from to the ports Of the Netherlands Europe in
vessels Of the Netherlands shall pay other higher u-
ties than shall be levied the like goods and merchandise
imported exported in national vessels &c As coffee
imported in the vessels of the United States exempt from
duty, follows from the treaty before recited that coffee i'm
ported in the vessels Of the Netherlands from their ports
Ei,rdpe is from duty Thorefcc tuiics Al
have been levied upon coffee aforesaid imported
vessels Of the Netherlands from their ports IN Europe must
be refunded and in future coffee imported must be- admit
= ted free of duty.
Il has necessarily followed from practising these instructions
that while the coffee Of Java, imported in vessels Of the Ne
therands from ports the Netherlands has been exempted
from duty ON its arrival in the United States the same article
when imported in American vessels from the ports in
the Netherlands has subjected under the provision the
payment Of duty Of twenty per ad valorem non
enumerated article
My attention having been directed to the subject and
being found difficult conceive that any provision spua
in treaty with foreign Power could have been intended
part Of the United States place the vessels Of that
foreign Power their cargoes favorable footing in
ports the United than vessels Of the United States
cargoes careful examination made Of the
IF the treaty with the Netherlands which reference had
which examination has resulted in full confirmation of the
opnion first entertained, that such provision slip
tJation is contained therein
The stipulation in the first article Of the treaty Of 10th
January $780, referred to by predecessor found to be
IN the following words
Goods and merchandise whatever their origin may be,
imported into exported from the ports Of the United
States from or the ports Of the Netherlands in Europe,
vessels of the Netherlands, shall pay higher other
duties than shall be levied the like goods and merchan
disc 50 imported or exported in national vessels
The words so imported used above quoted, plainly
and unequivocay qualify and limit the privileges imnuni
1es granted vessels Of the Netherlands and their cargoes
arriving ports the United States from ports in the Meth
erands those privileges immunites alone granted by
the of the United States American vessels and their
cagoes arriving ports of the United States from ports
The Netherlands. 1t will be observed that the important
qualifying word So omitted in the reference made to the
terms the treaty the Treasury Instructions Of August,
the conclu1on arrived IN those Instructions.
respect entertained for the opinion Of my pSedeces
sor the weight which justly due 10 that opuaen must
considered in with the fact that Is opposed in
decision directly adverse by the Treasury De
partmen through the Secretary ad interim, under date Of
the 27th May, 1914.
In deciding between these conflicting opinions. my
mind brought the conclusion that reciprocity treaty
with the Netherlands intended TO place any cargo
introduced in foreign vessels upon footing favorable
Than if the cargo imported in American vessels
Il being essential that the referred should be
corrected in the practice Of the several ports of the United
States hasten the views of this Department.
that all future npoaons Of coffee ports
United States the duty Of twenty per ad vaorem
imposed by law, may be charged whether such mporta
tion be made in vessels of the Ud States of the Uni
ted Netherlands, unless the said coffee be imported from the
place Of It's groo production in which case, whether
imported of the United States the United Me-
theands, will be exempted from the payment Of duty
provided by law and treaty shpuatons.a
The occasion is taken TO for your government in
gard analogous questions that may your port in
ference importaons in foreign vessels that in instance
known this Department has been deemed the policy Of
the United States, forming commercial regulations with
foreign naon place the vessels of such nation their
goes favorable footing ports Of the United States
than vessels of the United States their BY the grant
Of any privilege immunity whatever.
r. j. WALKER,
Secretary OF the Treasury.