is from 20 to 40 percent. Hence, the application of the additional duty to the total gross weight of the articles in question would more than compensate fv: the additional duty on lead and zinc metals. If it is intended that the applica tion of the additional duty to these articles be merely compensatory for the addtional duty on lead and zinc metals, then the additional duty on lead pigments zinc oxides, etc., should be applied to the lead or zinc content of these articles rather than to their gross weight.

Other lead and zinc articles not covered by the proposed legislation. The preposed additional duty on lead and zinc would be applicable to some manufaetured lead and zinc articles in addition to unmanufactured lead and zinc." The additional lead duty would be applied to the following manufactured lead articles: Lead pigments under paragraph 72; babbitt metal, solder, lead sheets, pipe, etc., under paragraph 392; zinc oxide under paragraph 77; and zine dust and zinc sheets under paragraph 394. It is presumed that the proposed additional duty was made applicable to the above-mentioned manufactured lead and zit. articles in order to compensate for the additional duty proposed for the unmanfactured lead and zinc articles, although, as previously noted, the additional duty on the manufactured articles is made applicable to the gross weight af the articles rather than on their lead or zinc content.

It should be noted that there are other manufactured articles composed wholly or in chief value of lead or zine that would not be covered by the proposed legis lation. These include lead-acid storage batteries and storage battery plates. currently dutiable under paragraph 320 at 20 percent ad valorem, and miscella eous lead manufactures and miscellaneous zinc manufactures dutiable under paragraph 397 at about 15 percent and 22.5 percent ad valorem, respective Imports of the lead and zinc manufactures entered under paragraphs 320 an 397 have been relatively small in recent years. However, the imposition of th proposed additional duty on unmanufactured lead and zinc without compens tory duties on these manufactured articles, if it should raise the relative cost o lead or zinc to the domestic manufacturers, would tend to encourage larger imports of these manufactured articles.

Determination and publication of the "domestic market price” of lead and of zinc.-Under subsection (e) (2) of sections 324 and 325, the Secretary of the Treasury would be required to determine and publish, among other things, the "domestic market price" of lead and of zinc. The Tariff Commission has a similar responsibility assigned to it by Public Law 38 (82d Cong.) in connection with the current suspension of the duty on copper and it also has had similar respotsibilities in connection with the administration of the price provisos in Public Laws 257 and 258 (82d Cong.). These laws suspended the import duties lead and zinc. In preparation for the administration of these laws the Tarif Commission surveyed the existing sources, uses, and the manner of compiling the market prices of copper, lead, and zinc.

Allowances for unrecovered metal.--It is noted that the existing duties imposed under paragraphs 391 and 393, in the case of some types of ores, apply only with respect to the lead or zinc content actually recovered. The proposed additiona duty, on the other hand, would seem to apply to the lead or zinc content of al ores whether or not actually recovered.

SECTION 14—INCREASE IN NUMBER AND LENGTH OF TERMS OF TARIFF COMMISSIONERS

Section 14 of H. R. 4294 would amend subsection (a) and (b) of section 330 of the Tariff Act of 1930 relating to membership of the Tariff Commission avi terms of office of tariff Commissioners. The United States Tariff Commissio was created in 1916 by title VII of the Revenue Act of 1916. The act provided for 6 Commissioners, to be appointed by the President by and with the advice and consent of the Senate, and the term for each Commissioner was fixed at 12 years. It was further provided that not more than three of the Commissioners shall be members of the same political party.

Prior to 1916 there had been a number of nonpermanent agencies established to investigate questions relating to the tariff. The creation of a permanert Tariffi Commission in 1916 reflected a recognition by the Congress of the need for a means of obtaining nonpartisan fact-finding assistance in tariffmaking.

23 "Unmanufactured" lead as the term is used in this statement refers to lead-bearing ores, lead bullion, lead pigs and bars, scrap lead, reclaimed lead, lead dross, antimonial lead, and miscellaneous lead alloys. "Unmanufactured" zinc refers to zinc-bearing ores: zinc blocks, pigs, or slabs; and zinc scrap, dross, and skimmings.

n the Dictionary of Tariff Information published by the United States Tariff Commission in 1924, on page 724 the Commission was described as "an indeendent nonpartisan body whose principal function is to ascertain facts upon he basis of which Congress may determine tariff policies, the rates of duty to make the policies effective, and the methods of customs administration, and on which the President may base certain administrative acts in relation to these matters."

On page 725 of the dictionary it is stated that by the act of September 8, 1916, reating a permanent Tariff Commission "Nonpartisanship was to be secured y the requirement that not more than three of the Commissioners were to be nembers of the same political party."

A proposal to increase the membership of the Tariff Commission from 6 to 7 was contained in the House version of the 1929 tariff bill (which ultimately ecame the Tariff Act of 1930). This proposal provided for the elimination of the provision of the 1916 act relating to political affiliation of the Commissioners for the reason, as stated in the report of the Ways and Means Committee, "that the committee feels that appointments should be made soley on the ground of merit irrespective of party lines." In lieu of the political limitation, the House proposal included a provision that a person appointed to the Commission should be one who "in the judgment of the President, is possessed of qualifications requisite for developing expert knowledge of tariff problems and efficiency in administering the provisions of part II of this title." The House bill also provided for a reduction in the term of office of a Commissioner from 12 years to 7 years.

The Senate rejected the House proposal to increase the number of tariff Commissioners and the proposal to eliminate the limitation on the number of Commissioners who may be of one political party, but accepted the proposal for making appointments on the basis of possession of qualifications requisite to develop expert knowledge of tariff problems. The Senate agreed to a reduction in the term of office of Commissioners, but in lieu of the 7-year term proposed by the House, the Senate proposed a 6-year term. The Senate modification of the House proposal was ultimately adopted and incorporated in section 330 of the tariff act.

Like the 1929 House proposal, H. R. 4294 also proposes to increase the number of tariff Commissioners from 6 to 7 and their term of office from 6 years to 7 years. However, unlike the 1929 House proposal, H. R. 4294 is definitely aimed at establishing a partisan commission. This is because the bill provides that not more than 4 of the proposed 7 Commmissioners shall be members of the same political party. While the 1929 House proposal, in providing for the elimination of the reference to political affiliation, would have permitted the appointment of all 7 Commissioners from the same political party, it was made clear by the report of the Ways and Means Committee that the elimination of the reference to political affiliation was intended to eliminate partisan appointments to the Commission and to have appointments based purely on merit.

It seems clear from the foregoing recital of the history of the organization of the Tariff Commission that since its creation Congress has carefully avoided the characterization of the Tariff Commmission as a partisan agency. The organization of the Commmission, naturally, is a matter of policy for the Congress to determine. However, the Commission feels that the proposed change in the character of the Commission merits very careful examination.

APPENDIX A

STATISTICAL TABLES FOR STATEMENT RELATING TO SECTION 13 ON PROPOSED IMPORT QUOTAS FOR CRUDE PETROLEUM AND RESIDUAL FUEL OIL

TABLE 1.-Crude petroleum: United States production, exports, and imports (total and by principal sources), 1946–52

1 Includes 1,177 thousand barrels, valued at 1,895 thousand dollars, exported under lend-lease. 2 Preliminary.

Estimated.

Source: Production, U. S. Bureau of Mines, except as noted; exports and imports, official statistics of the U. S. Department of Commerce.

'ABLE 2.—Petroleum and petroleum products: United States production, imports, and exports, 1939 and 1948-52

1 Preliminary.

? Production of refined products is substantially equal in volume to production of crude oil and natural gasoline combined.

Source: Production, U. S. Bureau of Mines; imports and exports, official statistics of the U. S. Department of Commerce.

32604-53--126

TABLE 3.-Petroleum derivatives: United States imports and exports, by principal products, 1939 and 1948–52

TABLE 4.-Crude petroleum and products: United States imports, by princip

1 Preliminary. Includes taxable and duty-free imports.

Recent revisions in import statistics on petroleum and its products show total imports to be 351,93,30 barrels; however, revised data by countries are not yet available.

NOTE.-Above figures include imports to the noncontiguous territories of the United States.

Source: Compiled from official statistics of the U. S. Department of Commerce.