[Enclosure]
Memorandum by the Chief of the Treaty
Division (Barnes)
[Washington,] May 6,
1930.
Mr. Cotton:
Mr. Secretary:
The tariff bill as reported to the two houses of Congress by the
Conference Committee, on April 28, 1930, still contains five
provisos, in Paragraphs 369, 371, 1402, 1650 and 1687, referring,
respectively, to automobiles, bicycles, paperboard, coal and
gunpowder, which require
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discriminatory duties and would operate in violation of the
most-favored-nation clause of our commercial treaties.
The violation of the treaties could be avoided by the insertion in
the bill of a section expressly exempting the treaties from the
operation of the provisos. A draft section which would meet this
situation is attached. It is suggested that you give consideration
to the question of bringing the situation to the attention of the
President with a view to his asking Congress to insert the section
herein suggested in the bill before final passage.
The section suggested is as follows:
Sec. —. Nothing in the provisos in Paragraphs 369, 371 and
1402 of Title I, Section 1, and Paragraphs 1650 and 1687 of
Title II, Section 201, of this Act shall be construed or
permitted to operate in any manner to impair or affect the
provisions of any treaty between the United States and any
foreign nation.
[The paragraphs referred to are numbered according to the bill as it
passed the Senate; paragraph 369 refers to automobiles; 371,
bicycles; 1402, paperboard; 1650, coal; 1687, gunpowder.]61
