811.623 Coal/46

The Department of State to the German Embassy

Reference is made to the Aide-Mémoire handed to the Under Secretary of State by Doctor Leitner, Counselor of the German Embassy, on April 10, 1933. The Aide-Mémoire sets forth the views of the German Government regarding the tax imposed on German coal under Section 601 of the Revenue Act of 1932, and refers to certain other matters in respect of which the treatment accorded German commerce is regarded as affording cause for complaint.

In regard to the tax on coal, a decision on this question is now pending before the courts and it is the intention of all parties concerned that a final disposition of the matter will be effected at the earliest possible moment. Under the system of government of the United States, a final decision of questions involving the interpretation of laws and treaties, from the standpoint of municipal law, rests with the courts. Nevertheless, the Executive Branch of the United States Government, recognizing the importance of effecting a prompt solution of a question involving treaty obligations of the United States, has recently taken steps to expedite a decision in this matter. The Department of State will take such further steps as may be feasible to expedite the disposition of this case.

The other matters referred to in the Aide-Mémoire of the German Embassy are receiving the careful consideration of the Government.