9
representations to His Majesty's Government upon whom
would be placed the duty of overcoming the firm'a
objections.
If the efforts of His Majesty's Government
proved fruitless, the Customs representatives would
refrain from making further demands for investigation,
merely reporting the refusal to the United States Customs
authorities.
B*
I regret to inform you that this procedure would
not meet the objections felt by His Majesty's Government.
These objections apply in principle to the prosecution
of this form of enquiry with its element of compulsion,
and make it impossible for His Majesty's Government to
grant authority of the kind contemplated. We are led,
therefore, to the consideration of the second contingency.
9. According to the proposal now made with a view
of inducing His Majesty's Government to modify their attitude, the United States Government would give instruc-
tions that enquiries into the cost of production should
not be attempted in the event of His Majesty's Government
withholding their permission. It is, however, made clear
that the inability of the Customs representatives to obtain information regarding the costs of production (where they consider such information necessary) would in any given
case involve the exclusion of an exporter's goods from
the United States.
10. His Majesty's Government regret that this new procedure does not appear to show any advance in substance on the old, In the first place, it is of course clear
that even in the case of the original procedure, the United States Customs agents would not have prosecuted the
enquiries