Mr. Bryan to Mr.
Hay.
Legation of the United States of America,
Petropolis, Brazil, July
30, 1900.
No. 269.]
Sir: Referring to Department’s instructions,
No. 194 of May 23, No. 195 of May 25, and others relative to the
Brazilian law of November 14, 1899, forbidding foreign imports to carry
labels in Portuguese, I have the honor to report that an amendment to
the objectionable law is proposed in the form of a bill, of which I send
a copy and translation. I shall object to its enactment in its present
form as being a violation of our trade-mark convention with Brazil,
provided the intent is to require the proposed “stamping or printing”
before exportation. I can, however, see no objection to such requirement
for new labels not yet registered at home or to exacting of merchants
here such “stamping or printing” before exposing the merchandise for
sale.
[Page 60]
I have no doubt that, with the two members of the ministry who have this
matter in charge agreeing with me as to its being a violation of
commercial conventions, the law of 1899 will be repealed.
I also send herewith a copy and translation of a note from the German
minister. Of course my protest against the label law is entirely
independent of any action of my German and English colleagues, who have,
however, volunteered to consult with me on the subject and to
communicate to me such information as they may have obtained.
I have, etc.,
[Inclosure
1.—Translation.]
[No. 72, 1900.]
Rules that all foreign goods which have borne labels or inscriptions
in Portuguese must bear, stamped across such inscriptions, the place
of and other facts concerning the manufacture.
The tariff commission, having examined the petition of the commercial
association of this capital directed to the National Congress,
seeking measures looking to a cessation of the inconveniences that
it points out due to the prohibition contained in part 2 of article
45 of law No. 641, of November 14, 1899, and to the manner of
determining exchange for the day, as prescribed by article 54
sections 1 and 2 of the same law for the collection of a consumption
tax on imported products, and, seeking to conciliate the interests
of revenue with those of commerce, as is just, proposes the
following legal project, which, in its opinion, will conveniently
accomplish the ends in view:
“Article I. All the foreign products which
have borne labels or any inscriptions whatever, wholly or partly in
Portuguese, must carry, printed across such inscriptions or labels
in capital letters and with colored ink, the place of their
manufacture.
“Section 1. Advertising articles, such as
chromos, cartoons, show bills, and placards, shall be considered as
‘printed works’ according to the appropriate tariff
classification.”
[Inclosure
2.—Translation.]
Mr. Arco to Mr.
Bryan.
Imperial German Legation in Brazil,
Petropolis, July 23, 1900.
Mr. Minister and Dear Colleague: Referring
to previous correspondence, I take the liberty of calling your
excellency’s attention to the proposition of the tariff commission
concerning the trade-marks in Portuguese, which is reported in the
Diario Official for the 18th of the current month. (Diario do
Congresso, p. 666.)
The business men of my acquaintance who are interested in this
question are especially anxious that commerce should have sufficient
time to conform to the new ruling if it should be accepted and put
into operation. I am pleased to hope that the business men of your
nationality are of the same mind and that, in consequence, I shall
have your valuable assistance in my efforts to assure a proper
interval between the publication and the enforcement of the ruling
in question.
Please accept, Mr. Minister, etc.,
