Imágenes de páginas
PDF
EPUB

SEC. 5. Section 6 of the Trade Agreements Extension Act of 1951 (19 U. S. C. sec. 1363) is hereby amended to read as follows:

"SEC. 6. No reduction in any rate of duty, or binding of any existing custom or excise treatment, or other concession heretofore or hereafter proclaimed under section 350 of the Tariff Act of 1930, as amended, shall be permitted to continue in effect when the product on which the concession has been granted is, as result, in whole or in part, of the duty or other customs treatment reflecting such concession, being imported into the United States in such increased quantitie (either actual or relative) or under such conditions as to cause or threaten un employment of or injury to American workers, miners, farmers, or producers producing like or competitive products, or impairment of the national security. SEC. 6. (a) The first paragraph of subsection (a) of section 7 of the Trade Agreements Extension Act of 1951 (19 U. S. C., sec. 1364) is hereby amended(1) by striking out "one year" and inserting in lieu thereof "six months" (2) by striking out ", either actual or relative," and inserting in lieu thereof "(either actual or relative) or under such conditions"; and

(3) by striking out "serious injury to the domestic industry producing like or directly competitive products" and inserting in lieu thereof "unem ployment of or injury to American workers, miners, farmers, or producers producing like or competitive products, or impairment of the nationa security."

In the case of an application filed under such first paragraph with respect to which the Tariff Commission has not made its report before the date of the enactment of this Act, the Commission shall make its report not later than the last day of the six-month period beginning on the date of the enactment of this Act.

(b) The second paragraph of such subsection (a) is hereby amended by strik ing out "serious injury or threat of serious injury" and inserting in lieu thereof "such unemployment, injury, or impairment, or threat thereof,”.

(c) The third paragraph of subsection (a) of such section 7 is hereby amended to read as follows:

"Should the Tariff Commission find, as a result of its investigation and hear ings, that a product on which a concession has been granted is, as a result, in whole or in part, of the duty or other customs treatment reflecting such con cession, being imported in such increased quantities (either actual or relative or under such conditions as to cause or threaten unemployment of or injury to American workers, miners, farmers, or producers, producing like or competitive products, or impairment of the national security, it shall so report to the Presi dent. The Tariff Commission shall include in such report the extent to which and the time for which, it finds and declares that

"(A) permanent withdrawal of the concession;

"(B) modification of the concession;

"(C) suspension of the concession in whole or in part;

"(D) limitation of the quantity of the product which may be entered, o withdrawn from warehouse, for consumption; or

"(E) any combination of any of the foregoing,

is necessary in order to prevent or remedy such unemployment, injury, or im pairment, or threat thereof. The Tariff Commission, in making any finding and declaration under the preceding sentence with respect to any increase in duty shall not be limited by the second sentence of subsection (a) (2) of section 350 of the Tariff Act of 1930, as amended. The Tariff Commission shall transmit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives an exact copy of its report to the Presi dent."

(d) Subsection (b) of such section 7 is hereby amended

(1) by striking out "without excluding other factors, shall take into consideration a" and inserting in lieu thereof "without excluding other evidence of injury, shall consider as evidence of injury the existence or likely occurrence of any of the following factors: A"; and

(2) by striking out "in the domestic industry concerned," and inserting in lieu thereof "among the American workers, miners, farmers, or producers concerned,".

(e) Subsections (c) and (d) of such section 7 are hereby amended to read as follows:

"(c) Within 30 days after the receipt of the Tariff Commission's report under subsection (a), the President shall by proclamation take such action as is found and declared by the Commission in such report to be necessary to prevent or remedy such unemployment, injury, or impairment, or threat thereof.

"(d) When, as the result of its investigation and hearings under this section, it is the judgment of the Tariff Commission that it is not necessary to take any action with respect to a product, it shall make and publish a report of its findings and conclusions."

SEC. 7. Subsection (a) of section 8 of the Trade Agreements Extension Act of 1951 (19 U. S. C., sec. 1365) is hereby amended to read as follows:

"(a) In any case where

"(1) any interested party has filed an application with the Tariff Commission stating that due to the perishability of any agricultural commodity emergency treatment is required; and

"(2) the Secretary of Agriculture does not, within fifteen days after the day on which the application was filed, certify to the Tariff Commission that such commodity is not perishable,

the Tariff Commission, proceeding under section 22 of the Agricultural Adjustment Act or under section 7 of this Act, shall (A) make an immediate investigation to determine the facts, and (B) made its report to the President. The President may take immediate action, however, without awaiting the report of the Tariff Commission, if in his judgment the emergency requires such action. In any case the report and findings of the Tariff Commission shall be made, and the action of the President shall be taken, at the earliest possible date but in no event more than sixty calendar days after the day on which the application was filed with the Tariff Commission."

SEC. 8. (a) Subsection (a) of section 22 of the Agricultural Adjustment Act, as amended (7 U. S. C., sec. 624), is hereby amended by adding at the end thereof the following new sentence: "The Tariff Commission shall make its report to the President at the earliest possible date but in no event more than six months after the day on which it is directed to make the investigation."

(b) Subsection (b) of such section 22 is hereby amended to read as follows: (b) If, on the basis of such investigation, the Tariff Commission finds and reports to the President the existence of such facts, he shall, within thirty days, by proclamation impose such fees not in excess of 50 per centum ad valorem or such quantitative limitations on any article or articles which may be entered, or withdrawn from warehouse, for consumption as the Tariff Commission has found and declared in its report to be necessary in order that the entry of such article or articles will not render or tend to render ineffective, or materially interfere with any program or operation referred to in subsection (a) of this section, or reduce substantially the amount of any product processed in the United States from any such agricultural commodity or product thereof with respect to which any such program or operation is being undertaken: Provided, That no proclamation under this section shall impose any limitation on the total quantity of any article or articles which may be entered, or withdrawn from warehouse, for consumption which reduces such permissible total quantity to proportionately less than 50 per centum of the total quantity of such article or articles which was entered, or withdrawn from warehouse, for consumption during a representative period as determined by the Tariff Commission: And provided further, That in designating any article or articles, the Tariff Commission may describe them by physical qualities, value, or use, or upon such other basis as it shall determine."

(e) Subsections (d) and (e) of such section 22 are hereby amended to read as follows:

"(d) After an investigation, findings, and a report to the President, in the manner provided in the case of a proclamation issued pursuant to subsection (by of this section, any proclamation so issued or any provision thereof may be

"(1) suspended or terminated by the President whenever the Tariff Commission finds and reports to the President that the circumstances requiring the proclamation or provision thereof no longer exist; or

"(2) modified by the President whenever the Tariff Commission finds and reports to the President that changed circumstances require such modification to carry out the purposes of this section.

(e) Any finding of the United States Tariff Commission as to facts under this section shall be final."

SEC. 9. (a) The second sentence of section 2 (a) of the Act entitled "An Act to amend the Tariff Act of 1930", approved June 12, 1934, as amended (19 U. S. C., sec. 1352, first sentence), is hereby repealed.

(b) Subsection (c) of section 336 of the Tariff Act of 1930, as amended (19 T. S. C., sec. 1336), is hereby amended by striking out the comma and all that follows through the word "production".

326 4-53--2

SEC. 10. (a) Subsection (a) of section 337 of the Tariff Act of 1930, as amended (19 U. S. C. 1337), is hereby amended by striking out "President" and inserting in lieu thereof "Commission".

(b) Subsection (b) of such section 337 is hereby amended to read as follows: "(b) INVESTIGATIONS OF VIOLATIONS BY COMMISSION.-The Commission shall investigate any alleged violation of this section on complaint under oath, and it may investigate any alleged violation of this section upon its own initiative." (c) The second sentence of subsecton (c) of such section 337 is hereby amended by striking out "recommendation" and inserting in lieu thereof "decision".

(d) Subsection (d) of such section 337 is hereby amended to read as follows: "(d) The Commission shall report its final findings to the President, and it shall publish such findings within thirty days after the date on which such report is transmitted to the President."

(e) Subsection (e) of such section 337 is hereby amended (1) by inserting "Commission and reported to the" before "President" in the first place it appears in the first sentence, and (2) by striking out "President" in the second sentence and inserting in lieu thereof "Commission".

(f) Subsection (f) of such section 337 is hereby amended by striking out "President" each place it appears and inserting in lieu thereof "Commission" and by striking out "him" and "his" and inserting in lieu thereof "it" and "its", respectively.

(g) Subsection (g) of such section 337 is hereby amended by striking out "President" and inserting in lieu thereof "Commission".

SEC. 11. Section 303 of the Tariff Act of 1930, as amended (19 U. S. E., sec. 1303), is hereby amended

(1) by inserting after "corporation shall" in the first sentence "(by special or multiple rates of exchange in terms of the United States dollar, by any other exchange control, or by any other means)"; and

(2) by inserting after the second sentence the following: "Where such bounty or grant is paid or bestowed in whole or in part by special or multiple rates of exchange in terms of the United States dollar, the Secretary shall base his determination (or estimate) of the net amount of such bounty or grant (or that part thereof) which is attributable to such rates of exchange on the difference between the export exchange rate applicable to article or mechandise concerned and the export exchange rate which yields the fewest units of the foreign currency for each United States dollar. In the case of any bounty or grant (or that part thereof) to which the preceding sentence does not apply, the Secretary shall make his determienation (or estimate) of the net amount thereof on a basis consistent with the principle set forth inthe preceding sentence."

SEC. 12. Subsection (a) of section 201 of the Antidumping Act, 1921 (19 U. S. C., sec. 160), is hereby amended to read as follows:

"(a) Whenever the Secretary of the Treasury (hereinafter called the 'Secretary') finds that any foreign merchandise is being or is likely to be sold in the United States or elsewhere at less than its fair value he shall make such finding public together with a description of the class or kind of merchandise to which it applies in such detail as may be necessary for the guidance of the appraising officers."

SEC. 13. (a) Part I of title III of the Tariff Act of 1930, as amended, is hereby amended by inserting after section 321 (19 U. S. C., sec. 1321) the following new sections:

"SEC. 322. IMPORT QUOTAS FOR CRUDE PETROLEUM AND RESIDUAL FUEL OIL. "(a) IMPOSITION OF QUOTAS.—

"(1) The total quantity of crude petroleum and all products derived therefrom (including residual fuel oil and oil for supplies for vessels at United States ports but excluding oil for manufacture and reexport) which may be imported into the United States from all countries in any calendar quarter of any year shall not exceed 10 per centum of the domestic demand for all petroleum oils in the United States (as reported by the United States Bureau of Mines) for the corresponding quater of the previous year.

"(2) The total quantity of residual fuel oil (including residual fuel oil for supplies for vessels at United States ports but excluding residual fuel oil for manufacture and reexport) which may be imported into the United States from all countries in any calendar quarter of any year shall not exceed 5 per centum of the domestic demand for residual fuel oil in the United States (as reported by the United States Bureau of Mines) for the corresponding quarter of the previous year.

"(b) SUSPENSION OF QUOTAS.-Quotas established by subsection (a) may not be modified or suspended by the operation of any foreign trade agreement or otherwise, except that

"(1) if the President finds that the total domestic supplies of all petroleum oils, supplemented by the amount of imports permissible under the 10 per centum quota, are inadequate to meet the total United States domestic and export demand for all petroleum oils, he may modify or suspend such quota for such time and to such extent as he finds necessary to meet such demand; and

"(2) if the President finds that the total domestic supplies of residual fuel oil and coal, supplemented by the amount of imports of residual fuel oil permissible under the quotas established by subsection (a), are inadequate to meet the total United States domestic and export demand for residual fuel oil and coal, he may modify or suspend the 5 per centum quota, modify or suspend the 10 per centum quota, or both, for such time and to such extent as he finds necessary to meet such demand.

"SEC. 323. ADDITIONAL DUTY ON LEAD AND ZINC.

"In addition to any other duty or tax imposed by law, there shall be levied, oilected, and paid, upon the articles specified in sections 324 and 325, duty at the rates specified in such sections. Such duty shall not be subject to modification or suspension by the operation of any foreign trade agreement or otherwise. SEC. 324. LEAD AND LEAD PIGMENTS; LEAD ORES AND CONCENTRATES. "(a) LEAD AND LEAD PIGMENTS.-Articles imported during any quarter which are dutiable under paragraph 392 or paragraph 72 of this Act

"(1) one cent per pound, plus

"(2) an amount per pound equal to the amount by which the adjusted base price of common lead for such quarter (as defined in subsection (c) (1)) exceeds the domestic market price of common lead for such quarter (as defined in subsection (c) (2)).

"(b) LEAD ORES AND CONCENTRATES.-Articles imported during any quarter which are duitable under paragraph 391 of this Act

"(1) seven-tenths of 1 cent per pound of lead contained therein, plus

"(2) an amount (per pound of lead contained therein) equal to seventenths of the amount by which the adjusted base price of common lead for such quarter exceeds the domestic market price of common lead for such quarter.

"(c) DEFINITION.-For the purpose of this section

"(1) ADJUSTED BASE PRICE.-The adjusted base price of common lead for any quarter shall be an amount which bears the same ratio to 15%1⁄2 cents as (A) the Bureau of Labor Statistics' index of wholesale prices for all commodities other than farm products and processed foods, for the second month of the preceding quarter, bears to (B) such index for March 1953.

"(2) DOMESTIC MARKET PRICE.-The domestic market price of common lead for any quarter shall be the average market price per pound, for the second month of the preceding quarter, of common lead (in standard shapes and sizes) delivered at New York, New York. In determining the average market price of common lead for any month, the Secretary of the Treasury is authorized to base his findings upon the average monthly price of common lead (in standard shapes and sizes) delivered at New York, New York, reported by the Engineering and Mining Journal's 'Metal and Mineral Markets'.

“(3) QUARTER.—The term 'quarter' means a calendar quarter beginning on the first day of January, April, July, or October, as the case may be. "(d) FRACTIONAL PARTS OF CENTS.-In the imposition of duty by this section, 50 much of any rate of duty as consists of a fractional part of one cent which is galler than one-tenth of 1 cent shall be disregarded; except that if it amounts to one-twentieth of 1 cent or more, the rate of duty imposed shall be the next higher one-tenth of 1 cent.

(e) DETERMINATION AND PUBLICATION.-Not less than ten days preceding the first day of each quarter, the Secretary of the Treasury shall determine and publish

"(1) the adjusted base price of common lead for such quarter, "(2) the domestic market price of common lead for such quarter, and "(3) the amount by which such adjusted base price exceeds such domestic market price.

Determinations by the Secretary under this subsection shall, for the purposes of this section, be final and conclusive.

"(f) WHEN DUTY NOT APPLICABLE.-The duty imposed by this section shall not apply during any quarter if the domestic market price of common lead for such quarter equals or exceeds the adjusted base price of common lead for such quarter.

"SEC. 325. ZINC AND ZINC OXIDES; ZINC ORES AND CONCENTRATES.

"(a) ZINC AND ZINC OXIDES.-Articles imported during any quarter which are dutiable under paragraph 394 or paragraph 77 of this Act

"(1) one cent per pound, plus

"(2) an amount per pound equal to the amount by which the adjusted base price of slab zinc for such quarter (as defined in subsection (c) (1)) exceeds the domestic market price of slab zine for such quarter (as defined in subsection (c) (2)).

"(b) ZINC ORES AND CONCENTRATES.--Articles imported during any quarter which are dutiable under paragraph 393 of this Act

"(1) six-tenths of 1 cent per pound of zinc contained therein, plus

"(2) an amount (per pound of zinc contained therein) equal to six-tenths of the amount by which the adjusted base price of slab zinc for such quarter exceeds the domestic market price of slab zinc for such quarter.

"(c) DEFINITIONS.-For the purposes of this section

"(1) ADJUSTED BASE PRICE.-The adjusted base price of slab zinc for any quarter shall be an amount which bears the same ratio to 15% cents as (A) the Bureau of Labor Statistics' index of wholesale prices for all commodities other than farm products and processed foods, for the second month of the preceding quarter, bears to (B) such index for March 1953.

"(2) DOMESTIC MARKET PRICE.-The domestic market price of slab zinc for any quarter shall be the average market price per pound, for the second month of the preceding quarter, of slab zinc (Prime Western, f. o. b. East St. Louis, Illinois). In determining the average market price of slab zinc for any month, the Secretary of the Treasury is authorized to base his findings upon the average monthly price of slab zinc (Prime Western, f. o. b. East St. Louis, Illinois) reported by the Engineering and Mining Journal's 'Metal and Mineral Markets'.

"(3) QUARTER.-The term 'quarter' means a calendar quarter beginning on the first day of January, April, July, or October, as the case may be. "(d) FRACTIONAL PARTS OF CENTS.-In the imposition of duty by this section, so much of any rate of duty as consists of a fractional part of 1 cent which is smaller than one-tenth of 1 cent shall be disregarded; except that if it amounts to one-twentieth of 1 cent or more, the rate of duty imposed shall be the next higher one-tenth of 1 cent.

"(e) DETERMINATION AND PUBLICATION.-Not less than ten days preceding the first day of each quarter, the Secretary of the Treasury shall determine and publish

"(1) the adjusted base price of slab zinc for such quarter;

"(2) the domestic market price of slab zinc for such quarter; and

"(3) the amount by which such adjusted base price exceeds such domestic market price.

Determinations by the Secretary of the Treasury under this subsection shall, for the purposes of this section, be final and conclusive.

"(f) WHEN DUTY NOT APPLICABLE.-The duty imposed by this section shall not apply during any quarter if the domestic market price of slab zine for such quarter equals or exceeds the adjusted base price of slab zine for such quarter." (b) The amendment made by subsection (a) shall apply with respect to (1) calendar quarters which begin on or after July 1, 1953, and (2) articles entered, or withdrawn from warehouse, for consumption, on or after July 1, 1953.

SEC. 14. (a) Subsections (a) and (b) of section 330 of the Tariff Act of 1930, as amended (19 U. S. C., sec. 1330), are hereby amended to read as follows: "(a) MEMBERSHIP.-The United States Tariff Commission (referred to in this title as the Commission') shall be composed of seven Commissioners appointed by the President by and with the advice and consent of the Senate. No person shall be eligible for appointment as a Commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed of qualifications requisite for developing expert knowledge of tariff problems and efficiency in administering the laws administered by the Commission. Not more than four of the Commissioners shall be members of the same political party.

« AnteriorContinuar »