The Government of Japan and the National Government of the Republic of China have, through their respective representatives, agreed upon and concluded the following Articles:—
ARTICLE I
The Japanese and the Chinese Government agree that all matters relating to rates of duty on the import and export of articles, drawbacks, transit dues and tonnage dues in the territories of Japan and the territories of China shall be regulated exclusively by the laws of Japan and of China respectively.
ARTICLE II
The Governments of Japan and of China shall reciprocally grant to each other and to the nationals of the other country, in customs duties, drawbacks and transit dues and all other similar internal charges, applied to the import and export of articles, and in tonnage dues, as well as in all matters connected therewith, treatment not less favourable than that accorded or to be accorded to its own nationals or to the Government and nationals of any other foreign country.
Articles produced or manufactured in the territories of Japan or of China and imported into the territories of the other, from whatever place arriving, shall receive, in import duties, drawbacks and transit dues and all other similar internal charges, and in all matters connected therewith, treatment not less favourable than that accorded or to be accorded to the like articles produced or manufactured in the same territories and exported to any other foreign country.
In regard to tonnage dues and all matters connected therewith vessels of Japan and of China shall each receive in the territories of the other treatment not less favourable than that accorded or to be accorded to the vessels of any other foreign country.
ARTICLE III
The stipulations contained in the foregoing Articles as well as in the exchanged Notes annexed to the present Agreement shall be incorporated in, and form part of, a Treaty of Commerce and Navigation to be negotiated and concluded as soon as possible between Empire of Japan and the Republic of China.
ARTICLE IV
The Japanese, Chinese and English texts of this Agreement have been carefully compared and verified; but in the event of there being any difference of meaning between them, the sense as expressed in the English text shall be held to prevail.
ARTICLE V
The present Agreement shall enter into force on the tenth day following the date of the signature thereof.
Done in duplicate at the city of Nanking, this 6th day of the 5th month of the nineteenth year of the Republic of China.
(Signed) M. Shigemitsu,
Japanese Chargé d'Affaires in China.
(Signed) Chengting T. Wang,
Minister for Foreign Affairs of the National Government of the Republic of China.
ANNEX I
Nanking, May 6th, 5 Showa (1930).
Monsieur le Ministre,
With reference to the Agreement which we signed to-day I have the honour to state that it is the understanding of the Japanese Government:
1. That, beginning from the date of the coming into force of the above-mentioned Agreement, the Chinese Government will maintain: for a period of three years the rates of duty leviable under Items 1, 2 and 3 in Part I of the Schedule attached hereto, and will also maintain for a period of one year the rates of duty leviable under Item 4 in Part I of the said Schedule, as the maximum rates of Import Duty leviable during the respective periods on articles falling within such Items produced or manufactured in the territories of Japan and imported into the territories of China, subject, however, to the reservation made in the said Schedule by the Chinese Government concerning the increase of rates; and
2. That the Japanese Government will maintain for a period of three years from the date of the coming into force of the above-mentioned Agreement, the rates of duty leviable under the three Items in Part II of the Schedule attached hereto, as the maximum rates of Import Duty leviable during the said period on articles falling within such Items produced or manufactured in the territories of China and imported into the territories of Japan.
I shall be much obliged if Your Excellency will be good enough to confirm the foregoing understanding.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.
(Signed) M. Shigemitsu.
His Excellency
Dr. Chengting T. Wang,
Minister of Foreign Affairs of the National Government of the Republic of China.
SCHEDULE
PART I
| No. of Items | Description of Articles | Nos. in Chinese Customs Import Tariff of 1929 |
|---|---|---|
| 1 | Cotton goods | 1 to 10, 12 to 14, 22 to 24, 26 to 32, 37, 38, 40, 43, 46, 47, 51, 53, 58, 59. |
| 2 | Fishery and Sea Products | 196 to 199, 202, 205, 206, 213, 216, 217, 218, 231. |
| 3 | Wheat Flour | 280. |
| 4 | Miscellaneous Goods | 302, 567, 568, 603 to 605 (a), 612, 647, 652 (b), 666 (b), 677 (c), 685, 706, 709 (f), 709 (g), 710, 715. |
The numbers which appear in Part I of this Schedule indicate the same articles as are mentioned under the corresponding numbers in the Chinese Customs Import Tariff of 1929, with the exception of the following numbers which cover only such articles as are enumerated thereunder:
652(b). Rubber Shoes and Boots, as also Footgear made wholly or partly of Rubber.
666(b). Clocks and Movements assembled as a Unit, Value not over Hk. Tls. 40 per doz.
677(c). Hats and Caps, of Felt made with other materials than Beaver or Hair, Value not over Hk. Tls. 15 per doz.
706. Thermostatic Containers and Parts thereof, Value not over Hk. Tls. 15 per doz.
709 (f). Electrical Machinery and Parts thereof.
710. Toys and Games.
715. Vehicles: Velocipedes (e.g., Bicycles, etc.), not otherwise enumerated, Value not over Hk. Tls. 40 per piece.
The rates of duty on articles mentioned in Part I of this Schedule shall remain the same as those stated under the corresponding numbers in the aforesaid Tariff, it being understood that, as regards the rates of duty on articles covered by the numbers not underlined, the Chinese Government reserves the right to increase the rates specified above by not more than two and a half per cent. ad valorem. In the case of specific rates of duty, the increase above provided for will be based either uniformly upon the original duty paying value by which the rates in the aforesaid Tariff were determined or uniformly upon the duty paying value which was adopted by the Tariff Valuation Commission in 1928.
The Chinese Government reserves the right to levy an excise on imported Cotton Yarn (No. 51) in addition to the Customs Import Duty.
PART II
| No. of Items | Description of Articles | Nos. in existing Japanese [Import Tariff] (...) in width excepted) |
|---|---|---|
| 1 | Grass Cloth | C—1, a—1 to a—4, C—2, a—1 to a—4. |
| 2 | Silk Piece Goods | 303.3, A, a, b. |
| 3 | Embroidered Tissues | 308 (Hand-work only). |
Unless otherwise specified, the numbers which appear in Part II of this Schedule indicate the same articles as are mentioned under the corresponding numbers in the Japanese Import Tariff at present in force.
The rates of duty on articles mentioned in Item 1 in Part II of this Schedule shall remain the same as those stated under the corresponding numbers in the Japanese Import Tariff at present in force, and the rates of duty on articles mentioned in Item 2 and 3 in Part II of this Schedule shall be thirty per cent. less than those now levied under the Law relating to Import Duties on Luxuries and Similar Articles.