36
10
We
This more completely covers the ground than such a despatch would have done. 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.
Hon. J. Goodnow, Hon. J. F. Seaman, Treaty Commissioners for the United States.
We are, &c.
(Cards inclosed), Treaty Commissioners for China.
11
Whereas Hon. T. S. Sharretts requested and obtained permission from his Government to return to the United States, and left Shanghae before the above-written Agreement was signed by and with the Special Commissioners of China,
I, being empowered by the Secretary of State of the United States of America to sign the Tariff as agreed to by Hon. T. S. Sharretts, now sign the above-written Agreement for the United States of America.
September 6, 1902.
(Signed) JOHN GOODNOW. (Signatures of the Special Commissioners of China.)
Gentlemen,
Shanghae, September 30, 1903.
We have received your despatch of the 24th instant. In framing this Treaty we have endeavoured 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.
We are, &c. (Signed)
JOHN GOODNOW, J. F. SEAMAN, Treaty Commissioners for the United States.
To their Excellencies, Lu Hai-huan, Sheng Hsüan-huai, Wu Ting-fang, Treaty Commissioners for China.
Whereas it was provided by the Final Protocol signed at Peking on the 7th September, 1901 (Article VI), that the existing Tariff on goods imported into China should be increased to an effective 5 per cent., and whereas it was further provided that all duties levied on imports ad valorem should be converted, as far as feasible and with the least possible delay, into specific duties, this conversion to be effected in the following manner-The average value of merchandise at the time of landing during the three years 1897, 1898, and 1899, that is to say, the market price less the amount of import duty and incidental expenses to be taken as the basis for the valuation of such merchandise:-
The Special Commissioners of the United States of America, Mr. T. S. Sharretts; and of China, Their Excellencies Lu Hai-Huan and Sheng Hsuan-Huai, have agreed and determined, on the basis aforesaid, upon the Tariff hereto appended together with certain Rules for the application thereof; and do hereby agree that the said Tariff and Rules shall be binding on the Governments and subjects of their respective countries.
The Tariff and Rules aforesaid shall be binding on and after the 31st October, 1902, the first day of the tenth Chinese moon.
Should it be ascertained hereafter that any Articles have been omitted from this Tariff which it is found can be conveniently provided for on a specific basis in terms of the Final Protocol of 1901, it is understood that the necessary additions shall be made at rates to be mutually agreed upon by Representatives of the various Powers by whom this Tariff has been signed.
It is understood that, in the event of there being any difference of meaning between the English and Chinese texts of the Tariff and Rules, the sense as expressed in the English text shall be held to be the correct sense.
The present Agreement has been drawn up in two identical copies and signed by the Special Commissioners of the countries aforesaid. One copy shall be given to the Special Commissioner of the United States of America, and one copy shall be given to the Special Commissioners of China.
Signed:
Schedule of Chinese Import Duties, signed September 6, 1902, by the United States and Chinese Commissioners, with Rules attached.*
* Not printed.