27, 1907-May 2, 1907.
The President of
the United States of America, on the one hand, and His Majesty the German
Emperor, King of Prussia, in the name of the German Empire, on the other,
animated by a desire to adjust the commercial relations between the
two countries until a comprehensive commercial treaty can be agreed
upon, have decided to conclude a temporary Commercial Agreement, and
have appointed as their Plenipotentiaries for that purpose, to wit:
The President of the United States of America, the Honorable Elihu Root,
Secretary of State of the United States; and
His Majesty the German Emperor, King of Prussia, His Excellency Baron
Speck von Sternburg, His Ambassador Extraordinary and Plenipotentiary
to the United States of America,
Who, after an exchange of their respective full powers, found to be
in due and proper form, have agreed upon the following Articles:
In conformity with the authority conferred on the President of the United
States in Section 3 of the Tariff Act of the United States approved
July 24, 1897, it is agreed on the part of the United States that the
following products of the soil and industry of Germany imported into
the United States shall, from and after the date when this Agreement
shall be put in force, be subject to the reduced Tariff rates provided
by said Section 3, as follows.
crude tartar, or wine lees, crude, five per centum ad valorem.
Brandies, or other spirits manufactured or distilled from grain or other
materials, one dollar and seventy-five cents per proof gallon.
Champagne and all other sparkling wines, in bottles containing not more
than one quart and more than one pint, six dollars per dozen; containing
not more than one pint each and more than one-half pint, three dollars
per dozen; containing one-half pint each or less, one dollar and fifty
cents per dozen; in bottles or other vessels containing more than one
quart each, in addition to six dollars per dozen bottles on the quantities
in excess of one quart, at the rate of one dollar and ninety cents per
Still wines, and vermuth, in casks, thirty-five cents per gallon; in
bottles or jugs, per case of one dozen bottles or jugs containing each
not more than one quart and more than one pint, or twenty-four bottles
or jugs containing each not more than one pint, one dollar and twenty-five
cents per case, and any excess beyond these quantities found in such
bottles or jugs shall be subject to a duty of four cents per pint or
fractional part thereof, but no separate or additional duty shall be
assessed upon the bottles or jugs.
Paintings in oil or water colors, pastels, pen and ink drawings, and
statuary, fifteen per centum ad valorem.
It is further agreed on the part of the United States that the modifications
of the Customs and Consular Regulations set forth in the annexed diplomatic
note and made a part of the consideration of this Agreement, shall go
into effect as soon as possible and not later than from the date when
this Agreement shall be put in force.
Reciprocally, the Imperial German Government concedes to the products
of the soil and industry of the United States enumerated in the attached
list upon their importation into Germany the rates of duty indicated
The provisions of Articles I and III shall apply not only to products
imported directly from the country of one of the contracting parties
into that of the other, but also to products which are imported into
the respective countries through a third country, so long as such products
have not been subject to any further processes of manufacture in that
The present Agreement shall apply also to countries or territories which
are now or may in the future constitute a part of the Customs territory
of either contracting party.
The present Agreement shall be ratified by His Majesty the German Emperor,
King of Prussia, as soon as possible, and upon official notice thereof
the President of the United States shall issue his proclamation giving
full effect to the respective provisions of this Agreement.
This Agreement shall take effect on July 1, 1907, and remain in force
until June 30, 1908. In case neither of the contracting parties shall
have given notice six months before the expiration of the above term
of its intention to terminate the said Agreement, it shall remain in
force until six months from the date when either of the contracting
parties shall notify the other of its intention to terminate the same.
Done in duplicate in English and German texts.
In testimony whereof, the Plenipotentiaries above mentioned have subscribed
their names hereto at the places and on the dates expressed under their
Washington, April 22, 1907.
Levico, May 2,
Department of State,
Washington, April 22, 1907
Referring to the Commercial Agreement signed this day between the Imperial
German Government and the Government of the United States, I have the
honor to inform you that instructions to the customs and consular officers
of the United States and others concerned will be issued to cover the
following points and shall remain in force for the term of the aforesaid
Market value as defined by section 19 of the Customs Administrative
Act shall be construed to mean the export price whenever goods, wares,
and merchandise are sold wholly for export, or sold in the home market
only in limited quantities, by reason of which facts there can not be
established a market value based upon the sale of such goods, wares,
and merchandise in usual wholesale quantities, packed ready for shipment
to the United States.
Statements provided for in section 8 of the Customs Administrative Act
are not to be required by consular officers except upon the request
of the appraiser of the port, after entry of the goods. The Consular
Regulations of 1896, paragraph 674, shall be amended accordingly.
In reappraisement cases, the hearing shall be open and in the presence
of the importer or his attorney, unless the Board of Appraisers shall
certify to the Secretary of the Treasury that the public interest will
suffer thereby; but in the latter case the importer shall be furnished
with a summary of the facts developed at the closed hearing upon which
the reappraisement is based.
The practice in regard to "personal appearance before consul,"
"original bills," "declaration of name of ship,"
shall be made uniform in the sense--
1. That the personal appearance before the consular officer shall be
demanded only in exceptional cases, where special reasons require a
2. That the original bills are only to be requested in cases where invoices
presented to the consular officer for authentication include goods of
various kinds that have been purchased from different manufacturers
at places more or less remote from the consulate and that these bills
shall be returned after inspection by the consular officer.
3. That the declaration of the name of the ship in the invoice shall
be dispensed with whenever the exporter at the time the invoice is presented
for authentication is unable to name the ship.
Paragraph 678 of such regulations, as amended March 1, 1906, shall be
further amended by striking out the words:
"Whenever the invoice is presented to be consulated in a country
other than the one from which the merchandise is being directly exported
to the United States."
And by inserting
after the first sentence the following clause:
"As place, in which the merchandise was purchased, is to be considered
the place where the contract was made, whenever this was done at the
place where the exporter has his office."
Paragraph 681 of the Consular Regulations of 1896, relative to "swearing
to the invoice" shall be revoked.
Special agents, confidential agents, and others sent by the Treasury
Department to investigate questions bearing upon customs administration
shall be accredited to the German Government through the Department
of State at Washington and the Foreign Office at Berlin, and such agents
shall cooperate with the several chambers of commerce located in the
territory apportioned to such agents. It is hereby understood that the
general principles as to personae gratae shall apply to these officials.
The certificates as to value issued by German chambers of commerce shall
be accepted by appraisers as competent evidence and be considered by
them in connection with such other evidence as may be adduced.
Accept, Excellency, the renewed assurance of my highest consideration.
Baron Speck von Sternburg,
Imperial German Ambassador.
Conventions, International Acts, Protocols and Agreements Between the
United States of America and Other Powers. 1776-1909, Volume I. Government
Printing Office, Washington, 1910, pp. 563.