A total of 14 firms were contacted, all of whom are selling instruments and apparatus in the United Kingdom and major European countries. Of this total, 11 reported that they knew of no sales which were receiving duty-free treatment under the Florence Agreement. One firm reported annual sales of over $3 million to France and Italy, of which less than $2,000 of sales to France and less than $1000 of sales to Italy received duty-free treatment under the agreement. Another firm reported the benefits of the agreement had been accorded to $500 of sales to France. A third firm reported annual sales of fluorescent photometers to U.K. totalling approximately $130,000 which receive duty-free treatment; but this was based on a ruling of the British Board of Trade dating back to 1948 and not identified with the Florence Agreement. We shall of course forward the results of the complete survey of our 215 member companies to the Committee later this week. Please let us know if we can be of further assistance in the meantime. Sincerely yours, Enclosure. GEORGE LAWRENCE, SCIENTIFIC APPARATUS MAKERS ASSOCIATION, To: SAMA Executive Contact for Government Affairs. In the course of the testimony of Alfred R. McCauley, Washington attorney representing SAMA, a question was raised regarding the reciprocal treatment accorded to U.S. export shipments to signatory nations under the provisions of this Agreement. In this connection SAMA was asked to survey its member companies to determine what portion of their export sales to certain countries are presently being accorded such duty-free entry. To permit us to respond to this request, will you therefore complete the enclosed, brief questionnaire and return it to me as soon as possible? The record of the hearings will be closed on June 17, so to be useful your reply must be sent by return mail (airmail if applicable) on the day you receive it! Thank you for your cooperation! Sincerely yours, GEORGE LAWRENCE. Please Complete and Return This Form, As Soon As Possible! Return to: G. E. Lawrence 815 Connecticut Avenue, N.W. 1. Does your firm engage in export sales to England or Continental European countries? Yes. No (If your answer to this question is No, disregard the rest of the questions and return this form to the above address.) 2. Do any of your export shipments receive duty-free treatment under the provisions of the UNESCO Florence Agreement? Yes_ No 3. Indicate in the proper space a rough estimate of the annual dollar volume of shipments to the signatory nations listed which receive duty free treatment. in. Mr. CURTIS. Let me turn to other points I am very much interested On your criticism of the term "equivalent scientific value," the first point I would raise is, is that what the European countries, Germany, England, and France, use as a test, or do they have another test? Do you know that, or maybe Mr. Dunn knows? Mr. DUNN. Here is one from Sweden which says "fully the same scientific value." Mr. CURTIS. I wonder if perhaps between your two groups we could find out how countries that have acceded to the Florence agreement define equivalent scientific value and their procedures, and then I think we can evaluate them. Mr. MCCAULEY. All right, sir. (The following information was received by the committee :) Hon. WILBUR D. MILLS, GRAUBARD, MOSKOVITZ & MCCAULEY, Chairman, Committee on Ways and Means, U.S. House of Representatives, Washington, D.C. DEAR MR. MILLS: During the course of the hearings on H.R. 8664 and H.R. 15271, the Honorable Thomas B. Curtis, after alluding to the provision of the Florence agreement relating to the duty-free importation of scientific instruments or apparatus, asked me to obtain information as to how the condition of this Florence agreement provision which requires a determination as to whether an imported instrument or apparatus is of "equivalent scientific value" to a domestic article is being implemented by other signatory nations. We have been successful in obtaining from the Department of State some material which describes generally how some of the signatory parties are implementing the "scientific equivalent" condition. We are enclosing such material relating to Ceylon, France, Sweden, Switzerland, United Kingdom and West Germany. We understand that the Executive agencies are now seeking current and detailed information on this subject from the U.S. commercial offices in 14 countries and that it is hoped that this information will be in the hands of government officials at the time the Committee considers these bills. We are ready to assist the Committee in any way possible on this or any other matter. Sincerely yours, ALFRED R. MCCAULEY, Attorney for Scientific Apparatus Makers Association. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION In your reply, please refer to: N. CL/770 Subject: Report from the Government of Ceylon. SIR: I have the honour to send you herewith a copy of a letter from the Government of Ceylon on the measures it has taken for ensuring implementation within Ceylon of the Agreement on the Importation of Educational, Scientific and Cultural Materials which came into force on 21 May 1952. This letter has been submitted, and is being transmitted to you, in accordance with Article XII of the Agreement. I have the honour to be, Sir, Your obedient Servant, JOHN W. TAYLOR, Acting Director-General. (Copy) MINISTRY OF EXTERNAL AFFAIRS, SENATE BUILDING, Colombo, Ceylon, March 16, 1953. Your No. CL/729. No. Unesco/12/52 AGREEMENT ON THE IMPORTATION OF EDUCATIONAL, SCIENTIFIC AND CULTURAL MATERIALS SIR: In terms of Article XII of the Agreement on the Importation of Educational, Scientific and Cultural Materials, I have the honour to report that the Schedules of Duties will be amended at the next revision of the Customs Tariffs in implementation of the agreement, and that in the meantime educational, scientific and cultural materials are being admitted free of duty on an extra legal basis. I have the honour to be, Sir, Your obedient servant, (Signed) ALFRED EDWARD, (For Permanent Secretary, Ministry of Defence and External Affairs.) Acting Director-General, U.N.E.S.C.O., Paris XVI. ANNEX CL/823, 824, 825 Annex REPORT FROM THE GOVERNMENT OF SWITZERLAND ON MEASURES TAKEN FOR IMPLEMENTATION OF THE INTERNATIONAL AGREEMENT ON THE IMPORTATION OF EDUCATIONAL, SCIENTIFIC AND CULTURAL MATERIALS OF 22 NOVEMBER 1950 By Federal Decree dated 25 September 1952, the Federal Assembly authorized the Federal Council to ratify the above Agreement. The instruments of ratification were deposited with the Secretary-General of the United Nations on 7 April 1953. The Agreement has been added to the collection of Federal laws; as far as Switzerland is concerned, it enters into force on 1 July 1953. The Customs Administration has been charged with the application of the Agreement. Switzerland's efforts to stimulate the exchange of educational, scientific and cultural materials through Customs exemption are reflected in various legal provisions. For example, Article 14, paragraph 14, of the Federal Customs Law of October 1925 provides for Customs exemption for: "Works of art of public interest, antiques, objects of ethnographical interest or illustrating natural history and industrial art, apparatus and models for public collections; demonstration equipment for public educational establishments; medical and surgical instruments and apparatus for public hospitals; printed matter for public libraries or public educational establishments". In addition, printed books, maps and charts, and music (tariff items 321, 322 and 323) may be imported free of duty in accordance with the Customs schedules. Switzerland was thus applying the major part of the Customs exemptions stipulated in Annexes A to E of the Agreement prior to its entry into force. The application of the Agreement has, therefore, not necessitated any modification of the existing legal provisions. A service instruction from the Directorate-General of Customs guarantees Customs exemption in all cases hitherto not specified in Swiss Customs legislation. Procedure to be followed to obtain Customs Exemption The Departmental Customs Offices at Pasel, Schaffhausen, Chur, Lugano, Lausanne and Geneva, and the Customs Inspectors' Offices at Zurich, St.-Gallen and Chiasso, are authorized to grant Customs exemption for articles which may benefit under the Agreement on certain conditions only (for instance, where duty-free entry depends upon the destination of the articles or upon evidence of their character). Application for Customs exemption must be made to these Offices prior to the importance of the articles as follows: Customs exemption applicable Annex A, item 12- Annex B, items 3-5-. Annex B, item 6---- Annex C, items 1-3, 5 Annex E, item 2----. Application Application for Customs exemption on form 254. Application for Customs exemption on form 254. In writing: attach certificate from the com- Written application, endorsed by the Swiss In all other cases (Annexes A 1-11, B 1-2, E 1) no special application for Customs exemption is required. It is, however, advisable to include a mention of the Agreement in the Customs declaration (for example, "Unesco Agreement", Annex B, item 2). DIRECTORATE-GENERAL OF CUSTOMS. UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION In your reply, please refer to: N. CL/1317 Subject: Agreement on the Importation of Educational, Scientific and Cultural Materials (Report from France). The Honorable THE SECRETARY OF STATE, SIR: I have the honour to communicate to you, under separate cover, a copy of the report presented by the French Government in accordance with Article XII of the Agreement on the Importation of Educational, Scientific and Cultural Materials, concerning the measures taken by France, as a Contracting State, in order to ensure the fully effective operation of that Agreement. This report, drawn up subsequently to the amendment of the French customs tariff, replaces the report which was communicated to you in the Annex of my letter of 9 November 1954 (CL/998) and which described the measures whereby the French Government laid down the terms of application of the Agreement in France, pending its ratification. I have the honour to be, Sir, AGREEMENT ON THE IMPORTATION OF EDUCATIONAL, SCIENTIFIC AND CULTURAL MATERIALS (Report from France) PRELIMINARY NOTE On 14 October 1957, the French Government deposited with the SecretaryGeneral of the United Nations an instrument of ratification of the Agreement on the Importation of Educational, Scientific and Cultural Materials, in accordance with Article X of that Agreement. Under decree No. 53/1052 of 23 October 1953, published in the Journal Officiel of 30 October 1953, the French Government had decided to apply this convention provisionally, pending its ratification by Parliament. Five orders dated 11 June 1954 and published in the Journal Officiel of 18 June 1954 had subsequently been issued to govern the provisional application of the convention. Since then, the French tariff for import duties having been amended, the French Customs Authorities, with a view to ensuring concordance with the new tariff number has published a new table which must be substituted for that included in the report distributed by Unesco in October 1954 (CL/998, Annex, pages 16 to 18). Further, an order dated 27 February 1958 and published in the Journal Officiel of 1 March 1958, amends the list of articles to be admitted duty-free owing to their privileged destination. The new lists must be substituted for those included in the 1954 report mentioned above (CL/998, Annex, pages 4, 8, 10, 13). I. New wording of the table of articles to be admitted duty-free ARTICLES TO BE ADMITTED DUTY-FREE OWING TO THEIR NATURE ONLY (New wording of the table) (1) The preferential treatment based on Articles 31 and 33 of the Order of 18 November 1950 and fixed by No. 876b is of the O.P. (Observations préliminaires) will, of course, remain unchanged in the case of travel posters and travel literature from certain countries granting reciprocal facilities. |