Mr. Runyon to Mr.
Gresham.
Embassy
of the United States,
Berlin, January 7, 1895.
(Received Jan. 26.)
No. 186.]
Sir: Referring to my dispatch, No. 173, of the
8th ultimo, in which I informed you that I had learned that the
certificate of healthfulness must accompany all American pork, even if
cooked, imported into Germany, I have the honor to transmit herewith a
copy, with the necessary translation, of my correspondence with the
Imperial foreign office on the subject, and to be, sir,
Your obedient servant,
[Page 502]
[Inclosure 1 in No.
186.]
Mr. Runyon to
Baron Marschall.
Embassy of the United States,
Berlin, December 21, 1894.
F. O. No. 173.]
The undersigned, ambassador, etc., of the United States of America,
has the honor to ask the attention of His Excellency Baron Marschall
von Bieberstein, Imperial secretary of state for foreign affairs, to
the complaint which is made in regard to the tariff duty imposed by
German officials upon the article known in commerce as “brawn,”
imported from the United States of America. The article is a mixture
of cooked beef and cooked pork, and is imported in hermetically
sealed cans. The complaint on this head is in particular that the
customs officers (at Cologne) impose upon this article a duty of 20
and even 60 marks per 100 kilograms, whereas, according to the
tariff laws of Germany, prepared flesh, when imported in
hermetically sealed cans, is to pay a duty of 20 marks per 100
kilograms, or, if it comes from “treaty countries,” of 17 marks. It
will be seen that brawn, which is an article of food inferior to and
cheaper than corned beef, instead of being assessed as prepared
flesh as above, is assessed at a high rate as a table delicacy,
which it certainly is not.
It has also been recently brought to the knowledge of the undersigned
that the importation of “brawn” has been forbidden absolutely unless
accompanied by certificate of healthfullness, and this although the
pork is cooked, and, being cooked, there is therefore no danger from
trichinae in the use thereof.
The undersigned, while inviting the attention of his excellency to
these subjects of complaint, to the end that his excellency may
investigate them, and if the facts prove to be as stated the proper
directions may be given to relieve therefrom, has the honor to
avail, etc.,
[Inclosure 2 in No.
186.—Translation.]
Baron Marschall
to Mr. Runyon.
Foreign Office, Berlin, January 5,
1895.
Referring to the note of the 21st ultimo, the undersigned has the
honor to send to his excellency the ambassador extraordinary and
plenipotentiary of the United States of America, Mr. Theodore
Runyon, the preliminary answer that the foreign office has thus far
received no official information of a regulation under which
American pork, termed “corned brawn,” must be accompanied by
certificate as to its healthfulness when imported into Germany. This
office has information on the subject only of a copy of a notice in
the nonofficial part of the Imperial Gazette, No. 285, of the 4th
ultimo, which states that the Royal Prussian minister of the
treasury is said to have issued a decree to the provincial customs
authorities on the 27th of November last, according to which the
admission of American pork packed in cans would depend on its being
accompanied by the certificate as to healthfulness prescribed by
law. There is no reason why the authenticity of this notice should
be doubted at this office; and from the contents of this decree
little ground can be discovered for nonconcurrence with the minister
of the treasury in the matter since the decree, if, as is supposed
at this office, it was actually issued, would merely be in
concordance with lawful existing regulations, and the making of it
would only be in accord with
[Page 503]
the decision of that part of the ministry which is the superior
authority in the Prussian customs. Such decisions are issued
regularly by the chief authorities in important questions and
questions of principle so as to obtain a uniform action on the part
of the inferior authorities.
In explanation, the undersigned begs to state that after the
importation of hogs, pork, and sausages of American origin had been
prohibited by Imperial decree of March 6, 1883 (Imperial law sheet,
p. 31), this prohibition as to hog products was only removed by
Imperial decree of September 3, 1891 (Imperial law sheet, p. 385),
as to such of these goods which were imported into Germany from
America as should be accompanied by an official certificate that the
meat had been examined in the country of its origin according to the
laws prevailing there, and that it had been found free from
properties injurious to the health. It follows, herefrom, that
American pork which is not accompanied by a certificate of this
nature must be barred from importation into Germany whether it has
undergone a process of cooking or not, and consistently with this
the notice in the Imperial Gazette of the decree of the Royal
Prussian minister of the treasury referred to was confined to
establishing this regulation so far as “corned brawn” is
concerned.
While the undersigned adds that the proper department has
instistituted an investigation as to the dealing with “corned brawn”
under the customs tariff, and reserving to himself a further
communication in this matter, he avails, etc.,
