ANTIDUMPING ACT OF 1921 NOTE. -H. R. 4294 makes a change only in subsection (a) of section 201, Antidumping Act of 1921. Because of the length of the Antidumping Act, there is set forth below only section 201 (a) thereof, as changed by H. R. 4294. SEC. 201. (a) [That] Whenever the Secretary of the Treasury (hereinafter [in this Act] called the "Secretary") [, after such investigation as he deems necessary, finds that [an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation into the United States of a class or kind of] any foreign merchandise, and that merchandise of such class or kind] is being [sold] or is likely to be sold in the United States or elsewhere at less than its fair value[, then] he shall make such finding public [to the extent he deems necessary,] 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. PART I, TITLE III, TARIFF ACT OF 1930 NOTE.-H. R. 4294 adds four new sections to Part I of Title III of the Tariff Act of 1930. These new sections are reproduced below. 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 quarter 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, collected, 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. LEAL 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 (e) (2)). (b) LEAD ORES AND CONCENTRATES.—Articles imported during any quarter which are dutiable 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 purposes 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% 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, so much of any rate of duty as consists of a frational part of one cent which is smaller than one-tenth of 1 cent shall be disregarded; except that if it amounts to one-twentieth or 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 zine 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 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 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 mouth 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 "Metals and Minerals 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 zine 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 zinc for such quarter equals or exceeds the adjusted base price of slab zinc for such quarter. NOTE.-Section 13 (b) of H. R. 4294 provides that the above new section "shall apply with respect to (1) calendar quarters which begin on or after July 1, 1953, and (2) árticles entered, or withdrawn from warehouse, for consumption, on or after July 1, 1953." SECTION 330, TARIFF ACT OF 1930 SEC. 330. ORGANIZATION OF THE COMMISSION. (a) MEMBERSHIP.-The United States Tariff Commission (referred to in this title as the "Commission") shall be composed of [six] seven Commissioners [to be hereafter] appointed by the President by and with the advice and consent of the Senate [, but each member now in office shall continue to serve until his successor (as designated by the President at the time of nomination) takes office, but in no event for longer than ninety days after the effective date of this Act]. 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 [provisions of Part II of this title] laws administered by the Commission. Not more than [three] four of the Commissioners shall be members of the same political party [, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable]. (b) TERMS OF OFFICE. The term[s] of office of [the] a Commissioner[s] [first taking office after the date of the enactment of this Act,] as designated by the President at the time of nomination, one at the end of each of the first six years after the date of the enactment of this Act. The term of office of a successor to any such commissioner] shall expire [six] seven years from [the date of the expiration of the term for which his predecessor was apopinted[]; except that any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed[] shall be appointed for the remainder of such term. (c) CHAIRMAN, VICE CHAIRMAN, AND SALARY.-The President shall annually designate one of the commissioners as chairman and one as vice chairman of the commission. The vice chairman shall act as chairman in case of the absence or disability of the chairman. A majority of the commissioners in office shall constitute a quorum, but the commission may function notwithstanding vacancies. Each commissioner (including members in office on the date of the enactment of this Act) shall receive a salary of $11,000 a year. No commissioner shall actively engage in any other business, vocation, or employment than that of serving as a commissioner. NOTE. Section 14 (b) of H. R. 4294, reproduced below, is not a direct amendment of section 330 of the Tariff Act of 1930, but relates directly thereto. It is all new language. (b) Notwithstanding section 330 of the Tariff Act of 1930, as amended by this Act (1) existing terms of office shall expire at the time provided therefor by such section 330 as in effect on the day prior to the date of the enactment of this Act; (2) the first term of office of the additional Commissioner provided for by this Act shall expire at the close of June 17, 1960; and (3) the term of office of the Commissioner appointed to succeed the Commissioner whose term of office expires June 17, 1953, shall expire at the close of June 17, 1959. Subject: H. R. 4294. Congressman ANGIER L. GOODWIN, House of Representatives, Washington, D. C. COLUMBIAN ROPE CO., Auburn, N. Y., May 4, 1953. DEAR CONGRESSMAN GOODWIN: It was a privilege to appear before the Ways and Means Committee on April 29 and to urge the passage of H. R. 4294 on behalf of the Cordage Institute and several of the nonmember companies. Because of the shortage of time allowed, you offered me the opportunity of putting into a letter to you, several points that were not covered, and you stated you would endeavor to get them into the record of the hearings. In the first place, our industry petitioned the Tariff Commission for an investigation to determine whether we were not suffering serious injury under the Trade Agreements Extension Act of 1951. Our petition was subsequently withdrawn, for it became evident from the actions of the Tariff Commission and the administration that escape clause applications were being decided on the basis of foreign trade policy rather than on the criteria provided by Congress upon which we had relied. Secondly, I am afraid that not enough attention was devoted in my brief to the reliance of the stockpile of our two most used fibers on the maintenance of an industry that can rotate these fibers often enough so that it will be useful in time of emergency. If because our normal consumption of fiber is drastically reduced by import, we will not be able to rotate the fiber, and some of the stockpile fiber will become worthless. Congress has authorized the stockpiling of strategic items and has voted money for this purpose, and we are sure that Congress did not intend that this money be wasted or that the national security be prejudiced in this manner. Again, in reply to your questions, my brief was presented on the behalf of many companies two of whom, Plymouth Cordage Co. and New Bedford Cordage Co. are located in Massachusetts. Thank you again for your courtesies. Yours very truly, E. R. METCALF, President. STATEMENT BY THE HONORABLE JOHN E. FOGARTY, SECOND DISTRICT OF RHODE ISLAND, BEFORE THE WAYS AND MEANS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, MAY 13, 1953 I am presenting this statement in opposition to H. R. 4294 which is now being considered by this committee. Much has been said in testimony before this body regarding the serious international repercussions which would be the result of adoption of this bill. I would like to direct my comments to the immediate problem which such adoption would have on the district I represent and the severe impact it would have on the economy of the State of Rhode Island and the entire New England area. It is my confirmed opinion that passage of this bill would cause a drastic increase in the industrial fuel bills of that section of the country and would add an impossible burden to the many difficulties which our industry now faces. Section 13 of H. R. 4294 provides for the imposition of quotas on the importation of crude and residual oils into the United States. Its obvious goal is to eliminate residual oil as a competitor of the coal and other fuel industries. New England economy depends to a large degree on the use of such residual oils and passage of this bill would add further problems to an already harassed industrial structure. According to the United States Bureau of Mines. New England consumed 60 million barrels of residual oil in the calendar year 1951. Two-thirds of this, or 40 million barrels, represented foreign imports. Figures supplied by the United States Army Engineers show that New England as a whole, in 1951, received 64 percent of its residual oil supply from foreign sources. The restrictive provisions of H. R. 4294 would thus shut off the great bulk of the supply of residual oils to the New England area. Our domestic oil industry could not supply this deficiency. American refineries are geared to produce as little residual oil as possible and concentrate instead on production of the lighter, higher priced petroleum products. Since 1945, the yield of residual oil in United States refineries has gone down from 28 percent to 19 percent per barrel of crude. It is apparent, therefore, that the ultimate purpose of this proposed legislation would be to reduce the supply of available residual oil. This would force users of it to either pay the greatly increased costs which would inevitably result or to convert to coal at great expense. Either action would greatly increase operation expense and would further jeopardize our industrial competitive position. Because of these and other adverse effects which H. R. 4294 will have on the economy of my State of Rhode Island and all of New England, I must, in all sincerity, vigorously oppose it. I hope the committee recognizes the injustice of the measure, and I urge it to so act as to not further penalize our New England area. Hon. R. WALTER RIEHLMAN, House of Representatives, Washington, D. C. THE IROQUOIS CHINA Co., DEAR MR. RIEHLMAN: As you will shortly have before you for consideration the Trade Agreements Extension Act of 1953 (H. R. 4294), we wish to comment briefly on this measure and advise you of the importance we attach to its passage in its present form. With good reason, we are alarmed over the increasing share of a shrinking United States china tableware market being captured by importers of foreignmade tableware. Proposals by certain groups that our present inadequate tariff barriers be lowered or eliminated would, if adopted, doom our already shaken industry in our opinion. In the household china tableware field in 1951, United States manufacturers (the most efficient in the world) were able to hold less than 14 percent of their national market against competition from other countries in which labor rates are but from one-tenth to one-third of those paid here. The position of our industry in our own market continues to worsen. We have attempted unsuccessfully to get clearly needed relief under the act of 1951. H. R. 4294 tends to oblige that fair and proper consideration will be given to American handcraft industries and their employees, and we endorse the intent and obligations of those sections dealing with (1) The peril point and escape clause; (2) Clarification of the types of injury which the Tariff Commission must take into account in making recommendations; (3) The limitation of 6 months instead of 12 on the period of time allowed to the Commission in its investigation of an application; (4) The mandatory feature of the Commission's recommendations to the President; and (5) The creation of a 7-man instead of a 6-man Commission. The workers of this company join its management in requesting you to support and to encourage your fellow legislators to support Mr. Simpson's bill (H. R. 4294). We attach their petition carrying signatures to this effect. Respectfully yours, IROQUOIS CHINA Co., P. S. The signatures on the petition represent 100 percent of the employees of the Iroquois China Co. (The petition is on file in the committee office.) |