RULES.

Rule I.

Imports unenumerated in this Tariff will pay Duty at the rate of 5 per cent. ad valorem; and the value upon which Duty is to be calculated shall be the market value of the goods in local currency. This market value when converted into Haikwan Taels shall be considered to be 12 per cent. higher than the amount upon which Duty is to be calculated.

If the goods have been sold before presentation to the Customs of the Application to pay Duty, the gross amount of the bona fide contract will be accepted as evidence of the market value. Should the goods have been sold on c. f. and i. terms, that is to say, without inclusion in the price of Duty and other charges, such c. f. and i. price shall be taken as the value for Duty-paying purposes without the deduction mentioned in the preceding paragraph.

If the goods have not been sold before presentation to the Customs of the Application to pay Duty, and should a dispute arise between Customs and importer regarding the value or classification of goods, the case will be referred to a Board of Arbitration composed as follows:

An official of the Customs; a merchant selected by the Consul of the importer; and a Merchant differing in nationality from the importer, selected by the Senior Consul.

Questions regarding procedure, etc., which may arise during the sittings of the Board shall be decided by the majority. The final finding of the majority of the Board, which must be announced within fifteen days of the reference (not including holidays), will be binding upon both parties. Each of the two merchants on the Board will be entitled to a fee of Ten Haikwan Taels. Should the Board sustain the Customs valuation, or, in the event of not sustaining that valuation, should it decide that the goods have been undervalued by the importer to the extent of not less than 7 per cent., the importer will pay the fees; if otherwise, the fees will be paid by the Customs. Should the Board decide that the correct value of the goods is 20 per cent. (or more) higher than that upon which the importer originally claimed to pay Duty, the Customs authorities may retain possession of the goods until full Duty has been paid and may levy an additional Duty equal to four times the Duty sought to be evaded.

In all cases invoices, when available, must be produced if required by the Customs.

Rule II.

The following will not be liable to Import Duty: Foreign Rice, Cereals, and Flour; Gold and Silver, both Bullion and Coin; Printed Books, Charts, Maps, Periodicals, and Newspapers; Samples in reasonable quantities, and certified to be for show and not for sale; Government Stationery for Consulates in China; Passengers Baggage for bona fide private use; Circulars, etc., distributed gratis by mercantile houses; and Private Effects (not including Wines, Stores, and Tobacco) of individual Foreigners imported by themselves for their own personal use and not for sale, provided that the Customs authorities are satisfied that the articles in question fulfil these conditions.

A freight or part freight of Duty-free commodities (personal baggage of less than twenty passengers and Gold and Silver Bullion and Foreign Coins excepted) will render the vessel carrying them, though no other cargo be on board, liable to Tonnage Dues.

Drawbacks will be issued for Ships Stores and Bunker Coal when taken on

board.

Rule III..

Except at the requisition of the Chinese Government, or for sale to Chinese duly authorized to purchase them, Import trade is prohibited in all Arms, Ammunition, and Munitions of War of every description. No Permit to land them will be issued until the Customs have proof that the necessary authority has

been give to the importer. Infraction of this rule will be punishable by confiscation of all the goods concerned. The import of Salt is absolutely pro

With reference to the New Tariff which has just been signed, this note puts on record that the following words have been erased from Rule II of the Rules at the end of the Tariff;-" Samples in reasonable quantities & certified to be for show, & not for sale: Government stationery for Consulates in China, passengers' baggage for bonâ fidê private use; circulars, &c, distributed gratis of Mercantile houses; and private effects (not including wines, stores & tobacco) of individual foreigners imported by themselves for their own personal use & not for sale provided that the Custom Authorities are satisfied that the articles in question fulfil these conditions"; and also personal baggage of less than twenty passengers and "

It is understood between the Foreign & Chinese Commissioners that, though the above words have been eliminated from the Rules, the matter therein referred to will be dealt with by the Inspector General of the Imperial Maritime Customs at his discretion in accordance with the instructions issued by him subsequent to the Final Protocol of the 7th September 1901.

We have the honour to be, Your Excellencies' obedient servants
HIRSCH

(signed)

Vide T. G. Circulars Nos. 979, 984, 1016, 1020, 1022, 1025, 1026.

Instructions received.

12th Oct. 1901.

12th Oct. 1901 7th Nov. 1901. 19th Apl. 1902

1 May, 1902

31 May, 1902

10th May, 1902

1. Foreign Rice, cereals and flour, gold and silver coined and uncoined.

2. Legation supplies from abroad.

3. Supplies for the use of Foreign forces Military and Naval. 4. Official stationary actually transmitted by foreign Government Departments for Foreign Consulates.

5. Supplies under Government stores Certificates.

6. Materials for Railways the import of which "free" is provided for by agreements antedating the Peace Protocol.

7. Samples; in reasonable quantities certified for show and not for sale.

The Sgures in the Import Tariff schedule express amounts in haikwan taels.

24449-vol. 1-10-19

3 June, 1902 12th Oct. 1901 3 June, 1902

3 June, 1902

31 May, 1902

8. Circulars, etc., distributed gratis by mercantile houses. 9. The bona fide baggage of travellers i. e. passengers luggage arriving either with the owner or by a vessel other than that by which the passenger travels.

10. Clothing, books, pictures and furniture already in use when brought in by residents and not for sale.

N. B. Ships Coal and provisions are entitled to drawbacks.

1905.

NEW AGREEMENT BETWEEN CHINA AND CERTAIN POWERS MODIFYING THE FINAL PROTOCOL OF 1901 CONCERNING THE WHANG PU CON

Concluded September 27, 1905.

NOTE. The text of this agreement will be found under " International conventions," volume 2, page 2013.

1908.

ARBITRATION CONVENTION.

Signed at Washington, October 8, 1908; ratification advised by the Senate, December 10, 1908; ratified by the President, March 1, 1909; ratifications exchanged at Washington, April 6, 1909; proclaimed, April 6, 1909.

I. Differences to be submitted. II. Special agreement.

ARTICLES.

III. Duration.
IV. Ratification.

The President of the United States of America and His Majesty the Emperor of China, taking into consideration the fact that the High Contracting Parties to the Convention for the pacific settlement of international disputes, concluded at The Hague on the 29th July, 1899, have reserved to themselves, by Article XIX of that Convention, the right of concluding Agreements, with a view to referring to arbitration all questions which they shall consider possible to submit to such treatment, have resolved to conclude an Arbitration Convention between the two countries, and for that purpose have named as their Plenipotentiaries, that is to say:

The President of the United States of America, Elihu Root, Secretary of State of the United States of America; and

His Majesty the Emperor of China, Wu Ting-fang, Envoy Extraordinary and Minister Plenipotentiary to the United States of America, Mexico, Peru, and Cuba;

Who, after having communicated to each other their Full Powers, found to be in good and due form, have agreed upon and concluded the following Articles:

ARTICLE I.

Differences which may arise of a legal nature or relating to the interpretation of treaties existing between the two Contracting

Parties, and which it may not have been possible to settle by diplomacy, shall be referred to the Permanent Court of Arbitration established at The Hague by the Convention of the 29th July, 1899, provided, nevertheless, that they do not affect the vital interests, the independence, or the honor of the two Contracting States, and do not concern the interests of third Parties.

ARTICLE II.

In each individual case the High Contracting Parties before appealing to the Permanent Court of Arbitration shall conclude a special Agreement defining clearly the matter in dispute, the scope of the powers of the Arbitrators, and the periods to be fixed for the formation of the Arbitral Tribunal and the several stages of the procedure. It is understood that such special agreements will be made on the part of the United States by the President of the United States by and with the advice and consent of the Senate thereof.

ARTICLE III.

The present Convention shall remain in force for the period of five years from the date of the exchange of the ratifications.

ARTICLE IV.

The present Convention shall be ratified by the High Contracting Parties, and the ratifications thereof shall be exchanged at Washington as soon as possible.

In witness whereof, the respective Plenipotentiaries have signed the present Convention, and have thereunto affixed their seals.

Done at the City of Washington, in duplicate, this 8th day of October, one thousand nine hundred and eight, corresponding to the 14th day of the 9th month of the 34th year of Kuang Hsü.

ELIHU ROOT
WU TING FANG

[SEAL] [SEAL]

COLOMBIA.

The Republic of Colombia, established in 1819, was divided in November, 1831, into three independent republics, New Grenada, Venezuela, and Ecuador. In 1862 its name was changed to the United States of Colombia, and in 1886 the States were abolished and the country became the Republic of Colombia. The treaties with the country became the Republic of Colombia. The treaties with New Granada are given in chronological order with those of Colombia.

1824.a

TREATY OF AMITY, COMMERCE, AND NAVIGATION.

Concluded October 3, 1824; ratification advised by the Senate March 3, 1825; ratified by the President March 7, 1825; ratifications exchanged May 27, 1825; proclaimed May 31, 1825.

In the name of God, Author and Legislator of the Universe. The United States of America, and the Republic of Colombia, desiring to make lasting and firm the friendship and good understanding which happily prevails between both nations, have resolved to fix, in a manner clear, distinct and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty or general convention of peace, friendship, commerce and navigation.

For this most desirable object, the President of the United States of America has conferred full powers on Richard Clough Anderson, This treaty expired by its own limitation October 3, 1836.