660m.11212/1
The Chargé in Lithuania (Sussdorff) to the Secretary of State
Riga, November 23,
1928.
[Received December 6.]
No. 5728
Sir: Referring to the Department’s telegram No.
64, of November 10, 8 p.m., 1928, concerning the question of
certificates of origin under the revised Lithuanian customs regulations,
I have the honor to report that the Legation promptly took up the matter
with the American Consul in Kovno, Mr. Fullerton, by telephone, in the
sense of the Department’s telegram. On November 17, I transmitted to Mr.
Fullerton a copy of the Legation’s despatch No. 5439, of July 10, 1928,
concerning customs regulations and certificates of origin in
Latvia.6
In this connection, I now have the honor to transmit copies of two
communications, dated November 13 and 21, 1928, from the American Consul
at Kovno, setting forth the substance of his conversations with
Lithuanian officials concerning the question of certificates of origin
in Lithuania.
I have [etc.]
[Enclosure 1]
The Consul at Kovno (Fullerton) to the Chargé in Lithuania (Sussdorff)
Kovno, November 13,
1928.
Sir: I have the honor to refer to the
Legation’s telephonic communication with this office yesterday
relative to a telegram recently received from the Department
inquiring with respect to Lithuanian regulations governing
certificates of origin under the recently amended tariff, and to
state that I to-day called on the appropriate authorities in the
Lithuanian Ministry of Finance and discussed with them the
importation of American goods into Lithuania, either directly or
through third countries.
Under date of October 8, 1928, I provided the Department with a
report entitled “Regulations for the Enforcement of the New
Lithuanian Import Tariff Amendment”,7 which must by this time be in possession of the
Department and which includes a description of
[Page 289]
certificates of origin and of the
procedure now governing imports into Lithuania from abroad. The
officials with whom I discussed this matter this morning stated that
they did not anticipate difficulties in connection with the
importation of American goods, provided firms shipping to Lithuania
obtained proper instructions and the necessary documents of origin
from Lithuanian consular representatives in the United States. Goods
purchased in such countries as Germany or Denmark, having their
origin in the United States, which are resold to Lithuanian
importers, must be covered by certificates issued by Lithuanian
consular representatives stationed in the country from which the
goods are immediately imported.
The Lithuanian Ministry of Finance is inclined to believe that very
few questions will arise over the entry of American goods, properly
documented. Indirect imports from the United States into this
country are in most cases accomplished through Germany or through
Scandinavia, and Germany and the Scandinavian countries have
commercial agreements with Lithuania which place them practically
upon an identical basis with the United States in so far as the
application of the tariff is concerned. It is understood that the
origin of material is being scrutinized most carefully where it is
indirectly imported from a country enjoying no commercial agreement
with Lithuania and therefore subject to the application of the
maximum duties provided by the amended Lithuanian Import Tariff.
…
[Enclosure 2]
The Consul at Kovno (Fullerton) to the Chargé in Lithuania (Sussdorff)
Kovno, November 21,
1928.
Sir: I have the honor to refer to the
Legation’s telephonic communications of November 15 and 16, 1928,
and to its letter of November 17, 1928, enclosing a copy of despatch
No. 5439, dated July 10, 1928, with enclosures, relative to the
certificates of origin question under the revised Lithuanian customs
regulations, and to state that I approached the Lithuanian Ministry
of Finance again today in order to make sure that no difficulties
might meet the importation of certain types of American goods into
Lithuania, either directly or through a third country.
With regard to the specific points raised by the Legation with the
Latvian Government, the competent authorities of the Lithuanian
Ministry of Finance state that they anticipate no difficulties in
connection with the entry into Lithuania of such food products as
lard, fatbacks, et cetera, under certificates issued by the
Department of Agriculture of the United States, in lieu of the
customary certificates
[Page 290]
of
origin, and that the same applies to the United States grain
inspection certificates issued under the auspices of responsible
American Grain Exchanges, signed by United States grain inspectors.
It is understood that the authorities here will also accept, in lieu
of certificates of origin, Canadian grain inspection certificates,
issued under the authority of the Canadian Government, which state
on their faces that the grain which they cover is of United States
origin.
The new Lithuanian Regulations (Paragraph VIII), effective October 1,
1928, provide for the admission into Lithuania without certificates
of origin of merchandise which unmistakably indicates by trade marks
or otherwise its origin in the United States.
It should be pointed out in this general connection that the purpose
of the new regulations is to prevent the possible importation of
material subject to maximum duties under the revised tariff,
effective October 1, 1928, when originating in countries with which
Lithuania has no commercial agreement providing for most favored
nation treatment. The importation direct or through a third country
of goods which, irrespective of their origin, fall under the minimum
tariff, is apparently not of particular interest to the Lithuanian
authorities and the identity of the country of origin is vital where
the imports if coming from a country not enjoying a commercial
accord with Lithuania would be subject to maximum duties. The United
States, having a commercial accord with Lithuania,9 enjoys most favored nation consideration for
its imports into this country.
It is now stated by the Ministry of Finance that in cases of
transshipment to Lithuania from the free port of Danzig, the customs
authorities will not be willing to accept documents of identity
issued by officials in charge of bonded warehouses or by the Chamber
of Commerce, as no Lithuanian consular representative is maintained
in Danzig whose certificate might be attached thereto. Documents of
origin, duly certified by the appropriate Lithuanian consular or
diplomatic representatives, should, therefore, cover all American
goods subject to transshipment through the free port of Danzig, if
they might be subject to maximum duties under the revised tariff in
the event that they were confused with materials originating in
countries with which Lithuania has no commercial agreement. It is
understood that goods transshipped through other free ports will not
be subjected to similar requirements due to the presence elsewhere
of Lithuanian consular or diplomatic officers qualified to certify
to their origin upon the basis of such documents as those outlined
in Paragraph V of the revised
[Page 291]
regulations, which became effective October 1,
1928. It should be added that, as the Lithuanian revised regulations
provide that merchandise whose origin is unmistakably identified by
trade marks or other distinguishing marks (Paragraphs IV and VIII)
may enter without certificates of origin there should be no obstacle
to the importation, transshipped through the free port of Danzig, of
American products which are obviously of American and no other
origin.
The attitude of the Ministry of Finance is a liberal one as applied
to the importation of merchandise of United States origin, and it is
thought that, in practice, only in the event of the suspicion
arising of the substitution of Polish goods through transshipment at
Danzig may difficulties be anticipated in this regard. The
compliance of American shippers with the requirements outlined in
the regulations for the enforcement of the new Lithuanian Import
Tariff Amendment, which was sent to the Department in translation in
this Consulate’s report No. 74, of October 8, 1928,10 should, of course, remove
any obstacle to the importation into Lithuania of goods of United
States origin, but it is thought that the Legation may now care to
apprise the Department of the attitude of the Lithuanian Government
with respect to the establishment of the origin of goods
transshipped through the free port of Danzig.
I have [etc.]
