File No. 788/63.

The Secretary of State to Minister Rockhill.

No. 304.]

Sir: For the information of the legation I have to inclose copy of an instruction sent to-day to the consulate-general at Mukden on the subject of the status of foreign goods while in transit to, while within, and while in transit between newly opened cities, for the determination of which that office has been working under your direction.

The whole subject is very important, as involving the settlement of several vexed questions and as creating a precedent for the case of cities hereafter to be opened. The department supposes that the arrangements now arrived at will apply equally to cities opened in pursuance of treaty stipulations and to cities opened by the independent action of the Chinese Government.

While the department has been in direct correspondence with the consulate-general at Mukden in regard to these matters, it is of course fully understood that for its understanding of this complicated subject and for material to frame its views thereon it looks to the legation.

I have, etc.,

E. Root.
[Page 240]
[Inclosure.]

The Third Assistant Secretary of State to Consul-General Straight.

No. 26, Consular.]

Sir: The department confirms your telegram of May 20, reading as follows:

[Paraphrase.]

(Mr. Straight informs Mr. Root that the foreign office to-day made an agreement, pending the settlement of status treaty marts; inland taxes will not be levied in the open cities on foreign goods which are covered by exemption certificates. The foreign office also agreed that they will not levy inland taxes on foreign goods in these cities, pending the perfection of arrangements for the issue of exemption certificates by the maritime customs and recognition thereof in the inland marts.)

The department’s telegram to the legation at Peking, dated May 22, contained the following reference to the above:

* * * “The arrangement described in the telegram of May 20 from the consul-general at Mukden seems quite consistent with the proposition approved by the department’s telegram of March 22, assuming that ‘exemption certificates’ mean practically receipts for import duty, and it is very satisfactory. It is the department’s impression that pending further developments we need not take up settlement delimitation. Is this your view?”

In response to which Mr. Rockhill telegraphed:

* * * “Provisional arrangement described by consul-general at Mukden is acceptable with slight modification which I have suggested. Settlement delimitation secondary importance, it can await further developments.”

The department is gratified that seemingly good progress has been made in adjusting the vexed question of the status of foreign goods while in transit to, while within, and while in transit between newly opened cities, and it awaits with interest a precise description and analysis of the conditions settled upon.

Referring to your dispatch No. 99, to the legation, a copy of which accompanied No. 59, of March 28, to the department, the department does not understand your statement, “the proposal to oblige foreigners purchasing native products in the interior to secure a ‘sanlientan’ is manifestly a contravention of the treaties.” The department’s understanding of the nature of the “sanlientan,” as to which it will be glad to have fuller information, is that it is a kind of certificate which is issued to foreign merchants desiring to purchase Chinese goods in the interior; that to receive a “sanlientan” the foreign merchant must give bond for six times the amount which would be the export duty, which bond will be canceled upon the payment of the export duty plus 2½ per cent surtax as transit dues upon the exportation of the goods within a reasonable time; and that the “sanlientan” makes the goods covered by it exempt from further taxes in transit. In short, the “sanlientan” is understood to be virtually a transit pass to cover foreign-owned Chinese goods in transit for export and involving a bond one-half of which, i. e., three times the amount of the export duty, is forfeited if the goods be not exported. It is understood that this practice is provided for in the so-called “Chinkiang rules,” as to which, however, the practice varies in different localities.

The reference to “consumption tax” in a proclamation issued by the Mukden tax office on March 27 is also not clear.

I have, etc.,

Huntington Wilson.