The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-29
rs THERE A FLAW IN THE CUBAN
RECIPROCITY TREATY?


WASHINGTON. Oct. 2e.-The purpose OF
the Cuban reciprocity treaty is the ertab-
lishnent OF a mutually beneficial and ex-
clusively preferential tarif! rate in the cus-
tom houses OF the parties to the treaty
With the exception Of articles included IN
the free INST the reduction agreed upon Is
to apply, under Article Ii. OF the treaty. to
all articles OF merchandise being
the product OF the soil or industry OF the
Republic Of Cuba imported into the United
States" The same article provides for the
maintenance Of this red uction during the
life Of the convention. and Or its operation
under any tariff which M, be in force IN
the United States during that time.
Article VIII. Of the treaty declares that
rates Of duty granted by the respective
parties to the treaty are and shall continue,
during the term of this convention, prefer
entail In respect to all like imports from all
other countries. The exclusively prefer
entail feature is thus clearly emphasized,
both In Its application and in ts continuance
during the life of the agreement. Article
VIII. emphasizes the preferential feature,
and in conjunction with Article II. estab-
fishes that preference under any tarih law
operative, or which may become operative.
In the United States during the term OF the
convention No other Interpretation q the
meaning OF these articles seems possible
That this was the purpose and intent OF the
American authorities is not to be ques-
toned.
But an amendment was attached tc Arti-
Gle VIII, under which there arises reason
able possibility that these honest intentions
may be diverted, Cuban interests seriously
endangered, and the United States placed
in position in which it might be charged
with lack Of good faith in an international
agreement.
Sugar is the item OF greatest importance
affected by the convention. 1t is for their
sugar that the Cubans most desire to secure
an advantage In the American market.
and it is prominently to sugar that the
United States grants its tariff concession
The amendment to Article VIII. declares
the following: Provided, that while this
convention is in force no sugar imported
from the Republic of Cuba. and being the
product OF the soil or industry Of the Re-
public OF Cuba, shall be admitted into the
United States at q reduction Of duty greater
than 90 per centum OF the rates OF duty
thereon as provided by the tariff act Of the
United States approved July "a, 1897.
An advance in our tariff OH sugar is so
improbable that such a proposition may be
left out OF oil consideration. A reduction
in our rates is a possibility, whether remote
or otherwise Under the terms Of the pro-
viso of Article VIII. reduction would effect
no change in the rate on Cuban sugar; and
should such reduction be large, it becomes
a possibility that Cuban sugars would be
charged higher rate than that imposed on
sugars from all other countries. Reduced
to simple phraseology that proviso declares
that during the term OF the convention five
years from the date Of going into e6ect) no
Cuban sugar shall be admitted to the United
States at lower tariff rate than that pro-
vided by the Dingey bill, less 20 per cent
A reduction in the Dingley rate would de-
stroy the preference on Cuban sugar, and
might even prove costly experience TO
those with whom we make presumably
naturally beneficial treaty.
Another consideration appears In the
further terms Of the amendment TO Article
VIII, by the declaration that during the
same period 4no sugar, the product Of any
other foreign country THAN Cubal shall be
admitted by treaty or convention into the
United States" at lower rate of duty than
that fixed by the Dingley bill. This pro-
tects Cuba to the extent OF debarring the
United States from etiecting treaties or con-
ventions which might be detrimental to
Cuba sugar interests, but 1t does not pro-
tect her against competition which might
be created by reduction in the United
States tariff.
Even at the cost OF further delay, It is i'm
possible that the United States should place
itself in position under which an always
possible change in o,lr tariff rates would
leave this country open to charge Of either
injustice or sharp practice, Fortunately.
the Congresses Of both countries will be In
session simultaneously. and IL this matter
be In accord with our Interpretation Of it
no more than very brief delay would be
required for its rectification