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specified in Title I of this Act upon such articles, nor shall any such rate be increased. Such rate or rates of duty shall become effective fifteen days after the date of the said proclamation of the President, where upon the duties so estimated and provided shall be levied, collected, and paid on such articles when imported from any foreign country into the United States or into

any of its possessions (except the Philip pine Islands, the Virgin Islands, and the islands of Guam and Tutuila). If there is any imported article within the class or kind of articles, upon which the President has made public a finding, for which there is no similar competitive article manufactured or produced in the United States, the value of such imported article shall be determined under the provisions of paragraphs (1), (2), and (3) of subdivision (a) of section 402 of this Act.

(C) That in ascertaining the differences in costs of production, under the provisions of subdivisions (a) and (b) of this section, the President, in so far as he finds it practicable, shall take into consideration (1) the differences in conditions in production, including wages, costs of material, and other items in costs of production of such or similar articles in the United States and in competing foreign countries; (2) the differences in the wholesale selling prices of domestic and foreign articles in the principal markets of the United States; (3) advantages granted to a foreign producer by a foreign government, or by a person, partnership, corporation, or association in a foreign country; and (4) any other advantages or disadvantages in competition.

Investigations to assist the President in ascertaining differences in costs of production under this section shall be made by the United States Tariff Commission, and no proclamation shall be issued under this section until such investigation shall have been made. The commission shall give reasonable public notice of its hearings and shall give reasonable opportunity to parties interested to be present, to produce evidence, and to be heard. The commission is authorized to adopt such reasonable procedure, rules, and regulations as it may deem necessary.

The President, proceeding as hereinbefore provided for in proclaiming rates of duty, shall, when he determines that it is shown that the differences in costs of production have changed or no longer exist which led to such proclamation, accordingly as so shown, modify or terminate the same. Nothing in this section shall be construed to authorize a transfer of an article from the dutiable list to the free list or from the free list to the dutiable list, nor a change in form of duty. Whenever it is provided in any paragraph of Title I of this Act, that the duty or duties shall not exceed a specified ad valorem rate upon the articles provided for in such paragraph, no rate determined under the provision of this section upon such articles shall exceed the maximum ad valorem rate so specified.

(d) For the purposes of this section any coal-tar product provided for in paragraphs 27 or 28 of Title I of this Act shall be considered similar to or competitive with any imported coal-tar product which accomplishes results substantially equal to those accomplished by the domestic product when used in substantially the same manner. (e) The President is authorized to make all needful rules and regulations for carrying out the provisions of this section.

(f) The Secretary of the Treasury is authorized to make such rules and regulations as he may deem necessary for the entry and declaration of imported articles of the class or kind of articles upon which the President has made a proclamation under the provisions of subdivision (b) of this section and for the form of invoice required at time of entry.

ACT OF 1913.

ACT OF 1909. (No corresponding provisions.)

(No corresponding provisions.)

ACT OF 1922.

SEC. 316. (a) That unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or to prevent the establishment of such an industry, or to restrain or monopolize trade and commerce in the United States, are hereby declared unlawful, and when found by the President to exist shall be dealt with, in addition to any other provisions of law, as hereinafter provided.

(b) That to assist the President in making any decisions under this section the United States Tariff Commission is hereby authorized to investigate any alleged violation hereof on complaint under oath or uponitsinitiative.

(c) That the commission shall make such investigation under and in accordance with such rules as it may promulgate and give such notice and afford such hearing, and when deemed proper by the commission such rehearing with opportunity to offer evidence, oral or written, as it may deem sufficient for a full presentation of the facts involved in such investigation; that the testimony in every such investigation shall be reduced to writing, and a transcript thereof with the findings and recommendation of the commission shall be the official record of the proceedings and findings in the case, and in any case where the findings in such investigation show a violation of this section, a copy of the findings shall be promptly mailed or delivered to the importer or consignee of such articles; that such findings,ifsupported by evidence, shall be conclusive, except that a rehearing may be granted by the commission, and except that, within such time after said findings are made and in such manner as appeals may be taken from decisions of the United States Board of General

Appraisers, an appeal may be taken from said findings upon a question or questions oilaw only to the United States Court of Customs Appeals by the importer or consignee of such articles; thatifitshallbe shown to the satisfaction of said court that further evidence should be taken, and that there were reasonable grounds for the failure to adduce such evidence in the proceedings before the commission, said court may order such additionalevidence to be taken before the commission in such manner and upon such terms and conditions as to the court may seem proper; that the commission may modify itsfindings as to the facts or make new findings by reason ofadditional evidence, which, ifsupported by the evidence, shall be conclusive as to the facts except that within

such time and in such manner an appeal may be taken as aforesaid upon a question or questions of law only; that the judgment of said court shall be final, except that the same shall be subject to review by the United States Supreme Court upon certiorari applied for within three months after such judgment of the United States Court of Customs Appeals.

(d) That the final findings of the commission shall be transmitted with the record to the President. (e) That whenever the existence of any such unfair method or act shall be established to the satisfaction of the President he shall determine the rate of additional duty, not exceeding 50 nor less than 10 per centum

? Title VIII of the Revenue Act of 1916 makes a misdemeanor of unfair competition with intent to destroy or injure or prevent the establishment of an industry in the United States, or to restrain or monopolize any part of trade or commerce in the particular articles in the United States, and also contains a provision against full-line forcing.

Title I of the Emergency Tariff Act of 1921 provides against antidumping.

of the value of such articles as defined in section 402 of Title IV of this Act, which will offset such method or act, and which is hereby imposed upon articles imported in violation of this Act, or, in what he shall be satisfied and find are extreme cases of unfair methods or acts as aforesaid, he shall direct that such articles as he shall deem the interests of the United States shall require, imported by any person violating the provisions of this

Act, shall be excluded from entry into the United States, and upon information of such action by the President, the Secretary of the Treasury shall, through the proper officers, assess such additional duties or refuse such entry;and that the decision of the President shall be conclusive.

(1) That whenever the President has reason to believe that any articleis offered or sought to be offered for entry into the United States in violation of this section but has not information sufficient to satisfy him thereof, the Secretary of the Treasury shall, upon his request in writing, forbid entry thereof until such investigation as the President may deem necessary shall be completed: Provided, That the Seeretary ofthe Treasury may permitentry under bond upon such conditions and penalties as he may deem adequate.

(g) That any additional duty or any refusal of entry under this section shall continue in effect until the President shall find and instruct the Secretary of the Treasury that the conditions which led to the assessment of such additional duty or refusal of entry no longer exist. ACT OF 1909.

ACT OF 1913. [No corresponding provisions.)

[No corresponding provisions.

ACT OF 1922.

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SEC. 317. (a) That the President when he finds that the public interest will be served thereby shall by proclamation specify and declare new or additional duties as hereinafter provided upon artieles wholly orin part the growth or product of any foreign country whenever he shall find as a fact that such country

Imposes, directly or indirectly, upon the disposition in or transportation in transit through or reexportation from such country of any article wholly or in part the growth or product of the United States any unreasonable charge, exaction, regulation, or limitation which is not equally enforced upon the like articles of every foreign country;

Discriminates in fact against the commerce of the United States, directly or indirectly, by law or administrative regulation or practice, by or in respect to any customs, tonnage, or port duty, fee, charge, exaction, classification, regulation, condition, restriction, or prohibition, in such manner as to place the commerce of the United States at a disadvantage compared with the commerce of any foreign country.

(b) Ifat any time the President shall find it to be a fact that any foreign country has not only discriminated against the commerce of the United States, as aforesaid, but has, after the issuance of a proclamation as authorized in subdivision (a) of this section, maintained or increased its said discriminations against the commerce of the United States, the President is hereby authorized, if he deems it consistent with the interests of the United States, tó issue a further proclamation directing that sueh articles of said country as he shall deem the publicinterests may require shall be excluded from importation into the United States.

(c) That any proclamation issued by the President under the authority of this section shall, if he deems it consistent with the interests of the United States, extend to the whole of any foreign country or may be confined to any subdivision or subdivisions thereof; and the President shall, whenever he deem's the public interests require, suspend, revoke, supplement, or amend any such proclamation. (d) Whenever the President shall find as a fact that any

foreign country places any burdens upon the commerce of the United States by any of the unequali mpositions or discriminations aforesaid, he shall, when he finds that the publicinterest will be served thereby, by proclamation specify and declare such new or additional rate or rates of duty as he shall determine will offset such burdens, not to exceed 50 per centum ad valorem orits equivalent, and on and after thirty days after the date of such proclamation there shall be levied, collected, and paid upon the articles enumerated in such proclamation when imported into the United States from such foreign country such new or additional rate or rates of duty; or, in case of articles declared subject to exclusion from importation into the United States under the provisions of subdivision (b) of this section, such articles shall be excluded from importation. (e) Whenever

the President shall find as a fact that any foreign country imposes any unequal imposition or discrimination as aforesaid upon the commerce of the United States, or that any benefits accrue or are likely to accrue to any industry in any foreign country by reason of any such imposition or diserimination imposed by any foreign country other than the foreign country in which such industry is located, and whenever the President shall determine that any new or additional rate or rates of duty or any prohibition hereinbesore provided for do not effectively remove such imposition or discrimination and that any benefits from any such imposition or discrimination accrue or are likely to accrue to any industry in any foreign country, he shall, when he finds that the publicinterest will be served thereby, by procla mation specify and declare such new or additional rate or rates of duty upon the articles wholly or in part the growth or product of any such industry as he shall determine will offset such benefits, not to exceed 50 per centum ad valorem or its equivalent, upon importation from any foreign countryinto the United States of such articles and on and after thirty days after the date of any such proclamation such new or additional rate or rates of duty so specified and declared in such proclamation shall be levied, collected, and paid upon such articles.

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ACT OF 1909.

ACT OF 1913.

[No corresponding provisions.]

SEC. 2. That from and after the thirty-first day of March, nineteen hundred and ten, except as otherwise specially provided for in this section, there shall be levied, collected, and paid on all articles when imported from any foreign country into the United States, or into any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), the rates of duty prescribed by the schedules and paragraphs of the dutiable listof section one of this Act,3andin addition thereto twenty-five per centum ad valorem; which rates shall constitute the maximum tariff of the United States: Provided, That whenever, after the thirtyfirst day of March, nineteen hundred and ten, and so long thereafter as the President shall be satisfied, in view of the character of the concessions granted by the minimum tariff of the United States,

3 Section 1 ends with the provision that“The provisions of the dutiable list and the free list of this section shall constitute the minimum tariff of the United States.'

that the government of any foreign country imposes no terms or restrictions, either in the way of tariff rates or provisions, trade or other regulations, charges, exactions, or in any other manner, directly or indirectly, upon the importation into or the sale in such foreign country of any agricultural, manufactured, or other product of the United States, which unduly discriminate against the United States or the products thereof, and that such foreign country pays no export bounty or imposes no export duty or prohibition upon the exportation of any article to the United States which unduly discriminates against the United States or the products thereof, and that such foreign country accords to the agricultural, manufactured, or other products of the United States treatment which is reciprocal and equivalent, thereupon and thereafter, upon proclamation to this effect by the President of the United States, all artieles when imported into the United States, or any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), from such foreign country shall, except as otherwise herein provided, be admitted under the terms of the minimum tariff of the United States as prescribed by section one of this Act. The proclamation issued by the President under the authority hereby conferred and the application of the minimum tariff thereupon may, in accordance with the facts as found by the President, extend to the whole of any foreign country, or may be confined to or exclude from its effect any dependency, colony, or other politicalsubdivision having authority to adopt and enforce tariff legislation, or to impose restrictions or regulations, or to grant concessions upon the exportation or importation of articles which are, or may be, imported into the United States. Whenever thé President shall be satisfied that the conditions which led to the issuance of the proclamation herein before authorized no longer exist, he shall issue a proclamation to this effect, and ninety days thereafter the provisions of the maximum tariff shall be applied to the importation of articles from such country. Whenever the provisions of the maximum tariff of the United States shall be applicable to articles imported from any foreign country they shall be applicable to the products of such country, whether imported directly from the country of production or otherwise, To secure information to assist the President in the discharge of the duties imposed upon him by this section, and the officers of the Government in the administration of the customs laws, the President is hereby authorized to employ such persons as may be required.

(1) Allarticles imported contrary to the provisions of this section shall be forfeited to the United States and shall beliable to beseized, prosecuted, and condemned in like manner and under the same regulations restrictions, and provisions as may from time to time be established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. Whenever the provisions of this Act shall be applicable to importations into the United States of articles wholly or in part the growth or product of any foreign country, they shall be applicable thereto whether such articles ārei mported directly or indirectly.

(8) It shall be the duty of the United States Tariff Commission to ascertain and at all times to be informed whether any of the discriminations against the commerce of the United States enumerated in subdivisions (a), (b), and (e) of this section are practiced by any country; and if and when such diseriminatory acts are disclosed, it shall be the duty of the commission to bring the matter to the attention of the President, together with recommendations.

(h) The Secretary of the Treasury with the approval of the President shall make such rules and regulations as are necessary for the execution of such proclamations as the President may issue in accordance with the provisions of this section.

(i) That when used in this section the term “foreign country" shall mean any empire, country, dominion, colony, or protectorate, or any subdivision or subdivisions thereof (other than the United States and its possessions), within which separate tariff rates or separate regulations of commerce are enforced.

ACT OF 1909.

ACT OF 1913.

[No corresponding provisions.]

[No corresponding provisions.]

ACT OF 1922.

SEC. 318. (a) That in order that the President and the Congress may secure information and assistance, it shall be the duty of the United States Tariff Commission, in addition to the duties now imposed upon it by law, to

(1) Ascertain conversion costs and costs of production in the principal growing, producing, or manufacturing centers of the United States of articles of the United States, whenever in the opinion of the commission it is practicable;

(2) Ascertain conversion costs and costs of production in the principal growing, producing, or manu: facturing centers of foreign countries of articles imported into the United States, whenever

in the opinion of the commission such conversion costs or costs of production are necessary for comparison with conversion costs or costs of production in the United States and can be reasonably ascertained;

(3) Select and describe articles which are representative of the classes or kinds of articles imported into the United States and which are similar to or comparable with articles of the United States; select and describe

articles of the United States similar to or comparable with such imported articles; and obtain and file samples of articles so selected, whenever the commission deems it advisable;

(4) Ascertain import costs of such representative articles so selected;

(5) Ascertain the grower's, producer's, or manufacturer's selling prices in the principal growing, producing, or manufacturing centers of the United States of the articles of the United States so selected; and

(6) Ascertain all other facts which will show the differences in or which affect competition between articles of the United States and imported articles in the principal markets of the United States.

(b) When used in this section

The term "article” includes any commodity, whether grown, produced, fabricated, manipulated, or manufactured;

Theterm import cost” means the price at which an article is freely offered for sale in the ordinary course of trade in the usual wholesale quantities for exportation to the United States plus, when not included in such price, all necessary expenses, exclusive of customs duties, of bringing such imported article to the United States.

(c) In carrying out the provisions of this section the commission shall possess all the powers and privileges conferred upon it by the provisions of Title VII of the Revenue Act of 1916, and in addition itis authorized, in order to ascertain any facts required by this section, to require any importer and any American grower, producer, manufacturer, or seller to file with the commission a statement, under oath, giving his selling prices in the United States of any article imported, grown, produced, fabricated, manipulated, or manufactured by him,

(d) The commission is authorized to establish and maintain an office at the port of New York for the purpose of directing or carrying on any investigation, receiving and compiling statistics, selecting, describe ing, and filing samples of articles, and performing any of the duties or exercising any of the powers imposed upon it by law.

(e) The United States Tariff Commission is authorized to adopt an official seal, which shall be judicially noticed. (1) The second paragraph of section 706 of the Revenue Act of 1916 is amended to read as follows:

Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place of hearing. And in case of disobedience to a subpæna the commission may invoke the aid of any district or territorial court of the United States or the Supreme Court of the District of Columbia in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which such inquiry is car. ried on may, in case of contumacy or refusal to obey a subpæna issued to any corporation or other person, issue an order requiring such corporation or other person to appear before the commission, or to produce documentary evidence if so ordered or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof..

ACT OF 1909.

ACT OF 1913.

(No corresponding provisions.)

[No corresponding provisions.)

ACT OF 1922.

SEC. 319. That on and after the day when this Act shall go into effect all goods, wares, and merchandise previously imported, for which no entry has been made, and all goods, wares, and merchandise previously entered without payment of duty and under bond for warehousing, transportation, or any other purpose, for which no permit of delivery to the importer or his agent has been issued, shall be subjected to the duties imposed by this Act and to no other duty upon the entry or the withdrawal thereof: Provided, That when duties are based upon the weight of merchandise deposited in any public or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchandise at the time ofits entry.

ACT OF 1909.4

ACT OF 1913.

SEC. 29. That on and after the day when this Act shallgointo effect all goods, wares, and merchandise previously imported, for which no entry has been made, and all goods, wares, and merchandise previously entered without payment ofduty and under bond for warehousing, transportation, or any other purpose, for which no permit of delivery to the importer or his agent has been issued, shall be subjected to the duties imposed by this Act and to no other duty, upon the entry or the withdrawal thereof: Provided, That when duties are based upon the weight of merchandise deposited in any public or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchandise at the time ofits entry.

SEC. IV. * * * Q. That on and after the day when this Act shall go into effect all goods, wares, and merchandise previouslyimported, for which no entry has been made, and allgoods, wares, and merchandise previously entered without payment of duty and under bond for warehousing, transportation, or any other purpose, for which no permit of delivery to theimporter or hisagent has been issued, shall be subjected to the dutiesi mposed by this Act and to no other duty, upon the entry or the withdrawal thereof: Provided, That when duties are based upon the weight ofmerchandise deposited in any public or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchandise at the time ofits entry.

ACT OF 1922.

SEC. 320. That nothing in this Act shall be construed to abrogate or in any manner impair or affect the provisions of the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on December 11, 1902, or the provisions of the Act of December 17, 1903, chapter 1.

4 Sections 30–35, containing internal-revenue provisions relating to tobacco; section 36, containing provisions for tonnage tax on vessels; section 37, containing provisions for tax on foreign-built pleasure vessels; section 38, providing for a tax on corporations; and sections 39 and 40, authorizing the Secretary of the Treasury to borrow money, omitted.

ACT OF 1909.

ACT OF 1913.

SEC. 3. That nothing in this Act contained shall be so construed as to abrogate or in any manner impair or affect the provisions of the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on the eleventh day of December, nineteen hundred and two, or the provisions of the Act of Congress heretofore passed for the execution of the same.

SEC. IV. * * * B. That nothing in this Act contained shall be so construed as to abrogate or in any manner impair or affect the provisions of the treaty of commercialreciprocity concluded between the United States and the Republic of Cuba on the eleventh day of December, nineteen hundred and two, or the provisions of the Act of Congress heretofore passed for the execution of the same except as to the proviso of article eight of said treaty, which proviso is hereby abrogated and repealed.

ACT OF 1922.

SEC. 321. That, except as hereinafter provided, Sections I and IV of the Act of October 3, 1913, chapter 16, as amended; the Act of July 26, 1911, chapter 3; so much of section 4132 of the Revised Státutes as amended by the Act of August 24, 1912, chapter 390, as relates to the free admission of materials for the construction or repair of vessels and the building or repair of their machinery and articles for their outfit and equipment; and so much of the Sundry Civil Appropriation Act of March 2, 1895, chapter 189, as relates to the sampling and assaying of lead ores, are hereby repealed: Provided, That nothing in this Act shall be construed to repeal or in any manner affect the following provisions of the aforesaid Act approved October 3, 1913, viz: Subsections 1, 2, and 3, paragraph J, Section IV, as modified by the Act of March 4, 1915, chapter 171; and subsection 2, paragraph N, Section IV; nor of subsection 30 of section 28 of the Act of August 5, 1909.5

SEC. 322. That all automobiles, automobile bodies, automobile chassis, and parts thereof, including tires, exported prior to February 11, 1919, from the United States of America for the use of the American Expeditionary Forces or the Governments associated with the Government of the United States of America in the war with Germany and Austria, and which have been sold or delivered to any foreign Government, individual, partnership, corporation, or association by the United States Liquidation Commission, or by any other agent or officialof the United States of America, when imported into the United States of America shall pay a duty of 90 per centum ad valorem, the value of such articles to be fixed on a basis equivalent to the original value of such articles in the United States, under rules and regulations to be prescribed by the Secretary of the Treasury.

ACT OF 1909.

ACT OF 1913.

(No corresponding provisions.)

(No corresponding provisions.)

Provisions of the act of 1909 or 1913 continued in force,

ACT OF 1909.

ACT OF 1913.

*

SEC. IV. * * SEC. 15. That a discriminating duty of ten per J. Subsection 1.6 That a discriminating duty of centum ad valorem, in addition to the duties im- 10 percentum ad valorem, in addition to the duties posed by law, shall be levied, collected, and paid imposed by law, shall be levied, collected, and on all goods, wares, or merchandise which shall be paid on all goods, wares, or merchandise

which imported in vessels not of the United States, or shall be imported in vessels not of the United which being the production or manufacture of any States, or which being the production or manuforeign country not contiguous to the United facture of any foreign country not contiguous to States, shall come into the United States from such the United States, shall comeinto the United States contiguous country; but this discriminating duty from such contiguous country; but this discrimishall not apply to goods, wares, or merchandise nating duty shall not apply to goods, wares, or which shall be imported in vessels not of the United merchandise which shall be imported' in vessels States entitled at the time of such importation by not of the United States entitled at the time of treaty or convention or Act of Congress to be entered such importation by treaty or convention or Act in the ports of the United States on payment of of Congress to be entered in the ports of the United the same duties as shall then be payable on goods, States on payment of the same duties as shall wares, and merchandise imported in vessels of then be payable on goods, wares, and merchandise the United States, nor to such foreign products imported in vessels of the United States, nor to or manufactures as shall be imported from such such foreign products or manufactures as shall be contiguous countries in the usual course of strictly imported from such contiguous countries in the retail trade.

usual course of strictly retail trade. Sec. 16. That no goods, wares, or merchandise, J. Subsection 2.6 That no goods, wares, or merunless in cases provided for by treaty, shall be chandise, unless in cases provided for by treaty, imported into the United States from any foreign shall be imported into the United States from any port or place, except in vessels of the United States, foreign port or place, except in vessels of the United or in such foreign vessels as truly and wholly be- States, or in such foreign vessels as truly and long to the citizens or subjects of that country of wholly belong to the citizens or subjects of that which the goods are the growth, production, or country of which the goods are the growth, promanufacture, or from which such goods, wares, or duction, or manufacture, or from which such merchandise can only be, or most usually are, goods, wares, or merchandise can only be, or most first shipped for transportation. All goods, wares, usually are, first shipped for transportation. All or merchandise imported contrary to this section, goods, wares, or merchandise imported contrary and the vessel wherein the same shall be imported, to this section, and the vessel wherein the same together with her cargo, tackle, apparel, and furni- shall be imported, together with her cargo, tackle, ture, shall be forfeited to the United States; and apparel, and furniture, shall be forfeited to the such goods, wares, or merchandise, ship, or vessel, United States; and such goods, wares, or merand cargo shall be liable to be seized, prosecuted, chandise, ship, or vessel, and cargo shall be liable

5 See see. 643 of Title IV, infra, p. 219.

6 Provisions relating to 'foreign-built vessels owned þy citizens of the United States were repealed by the act of March 4, 1915, as to vessels which after entering American ports were, before leaving the same, registered as vessels of the United States.

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