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ACT OF 1913

ACT OF 192%

That the imported materials used in the manufacture or production of articles entitled to drawback of customs duties when exported shall, in all cases where drawback of duties paid on such materials is claimed, be identified, the quantity of such materials used and the amount of duties paid thereon shall be ascertained, the facts of the manufacture or production of such articles in the United States and their exportation therefrom shall be determined, and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, to the agent of either or to the person to whom such manufacturer, producer, exporter, or agent shall in writing order such drawback paid, under such regulations as the Secretary of the Treasury shall prescribe.

The imported merchandise used in the manufacture or production of articles entitled to drawback of customs duties when exported shall, in all cases where drawback of duties paid on such merchandise is claimed, be identified, the quantity of such merchandise used and the amount of duties paid thereon shall be ascertained, the facts of the manufacture or production of such articles in the United States and their exportation therefrom she be determined, and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, the agent of either, or to the person to whom such manufacturer, producer, exporter, or agent shall in writing order such drawback paid, under such regulations as the Secretary of the Treasury shall prescribe.

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ACT OF 1930 (1) SOURCE OF PAYMENT.-Any drawback of duties that may be authorized under the provisions of this Act shall be paid from the customs receipts of Porto Rico, if the duties were originally paid into the Treasury of Porto Rico. (No corresponding provision in act of 1913.]

[No corresponding provision in act of 1922.)

ACT OF 1930

SEC. 314. REIMPORTATION OF TAX-FREE EXPORTS.

Upon the reimportation of articles once exported, of the growth, product, or manufacture of the United States, upon which no internal tax has been assessed or paid, or upon which such tax has been paid and refunded by allowance or drawback, there shall be levied, collected, and paid a duty equal to the tax imposed upon such articles by the internal revenue laws at the time of reimportation, except articles manufactured in bonded warehouses and exported pursuant to law, which shall be subject to the same rate of duty as if originally imported, but proof of the identity of such articles shall be made under regulations to be prescribed by the Secretary of the Treasury.

ACT OF 1913

ACT OF 1922

SEC. IV.

Sec. 314. That upon the reimportation of articles P. That upon the reimportation of articles once once exported, of the growth, product, or manufacexported, of the growth, product, or manufacture ture of the United States, upon which no internal of the United States, upon which no internal tax tax has been assessed or paid, or upon which such has been assessed or paid, or upon which such tax tax has been paid and refunded by allowance or has been paid and refunded by allowance or draw. drawback, there shall be levied, collected, and back, there shall be levied, collected, and paid a duty paid a duty equal to the tax imposed by the internal equal to the tax imposed by the internal reve- revenue laws upon such articles, except articles nue laws upon such articles, except articles manu- manufactured in bonded warehouses and exported factured in bonded warehouses and exported pur- pursuant to law, which shall be subject to the same suant to law, which shall be subject to the same rate rate of duty as if originally imported, but proof of of duty as if originally imported, but proof of the the identity of such articles shall be made under identity of such articles shall be made under general general regulations to be prescribed by the Secreregulations to be prescribed by the Secretary of the tary of the Treasury. Treasury.

ACT OF 1930

SEC, 315. EFFECTIVE DATE OF RATES OF DUTY.

On and after the day when this Act shall go into effect all goods, wares, and merchandise previously im · ported, 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: Prorided, That when duties are based upon the weight of merchandise deposited in any public or private bonded warehouse, said duties shall, except as provided in section 562 of this Act (relating to manipulating warehouses), be levied and collected upon the weight of such merchandise at the time of its entry.

ACT OF 1913

ACT OF 1922

SEC. IV. Q. 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 previpusly 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 of its entry.

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 of its entry.

ACT OF 1930

SEC. 316. CUBAN RECIPROCITY TREATY NOT AFFECTED,

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. la

ACT OF 1930

ACT OF 1922

SEC. IV.

SEC. 320. That nothing in this Act shall be conB. That nothing in this Act contained shall be so strued to abrogate or in any manner impair or affect construed as to abrogate or in any manner impair or the provisions of the treaty of commercial reciprocity affect the provisions of the treaty of commerical concluded between the United States and the Rereciprocity concluded between the United States public of Cuba on December 11, 1902, or the provi. and the Republic of Cuba on the eleventh day of sions of the Act of December 17, 1903, chapter 1. 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 1930

SEC. 317, TOBACCO PRODUCTS-EXPORTATION FREE OF DUTY OR INTERNAL-REVENUE

TAX. The shipment or delivery of manufactured tobacco, snuff, cigars, or cigarettes, for consumption beyond the jurisdiction of the internal-revenue laws of the United States, as defined by section 3448 of the Revised Statutes, shall be deemed exportation within the meaning of the customs and internal-revenue laws applicable to the exportation of such articles without payment of duty or internal-revenue tax.

ACT OF 1913

ACT OF 1922

[No corresponding provision.]

(No corresponding provision.]

ACT OF 1930 SEC. 318. EMERGENCIES.

Whenever the President shall by proclamation declare an emergency to exist by reason of a state of war, or otherwise, he may authorize the Secretary of the Treasury to extend during the continuance of such emergency the time herein prescribed for the performance of any act, and may authorize the Secretary of the Treasury to permit, under such regulations as the Secretary of the Treasury may prescribe, the importation free of duty of food, clothing, and medical, surgical, and other supplies for use in emergency relief work. The Secretary of'the Treasury shall report to the Congress any action taken under the provi. sions of this section.

ACT OF 1913

ACT OF 1922

(No corresponding provision.]

SEC. 622. EMERGENCY OF WAR.-Whenever the President shall by proclamation declare an emergency to exist by reason of a state of war, or other wise, he may authorize the Secretary of the Treasury to extend during the continuance of such emergency the time herein prescribed for the perform. ance of any act.

ACT OF 1930
SEC. 319. DUTY ON COFFEE IMPORTED INTO PORTO RICO.

The Legislature of Porto Rico is hereby empowered to impose tariff duties upon coffee imported into
Porto Rico, including coffee grown in a foreign country coming into Porto Rico from the United States.
Such duties shall be collected and accounted for as now provided by law in the case of duties collected
in Porto Rico.

ACT OF 1913

ACT OF 1922

[No corresponding provision.]

[No corresponding provision.]

ACT OF 1930
SEC. 320. RECIPROCAL AGREEMENTS RELATING TO ADVERTISING MATTER.

With the advice and consent of the President, the Secretary of the Treasury and the Postmaster General, jointly, may, on behalf of the United States, enter into a reciprocal agreement with any foreign country to provide for the entry free of duty in the respective countries of dispatches or shipments through the mails of circulars, folders, pamphlets, books, and cards, in the nature of advertising

matter (except such matter as may be printed, manufactured, or produced in a foreign country, advertising the sale of articles by persons carrying on business in the United States or containing announcements relating to the merchandise or business of such persons) to individual addresses, and may, in the event any such agreement is entered into, prescribe such rules and regulations as they may deem necessary relating to the customs and postal treatment of such matter in the United States.

ACT OF 1913

ACT OF 1922

[No corresponding provision.)

[No corresponding provision.]

1a See p. 298.

Part II—United States Tariff Commission

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 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. Not more than three of the commissioners shall be inembers 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. – Terms of office of the commissioners first taking office after the date of the enactment of this Act, shall expire, 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 years from the date of the expiration of the term for which his predecessor was appointed, 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.

ACT OF 1913

ACT OF 1922

[No corresponding provisions.) ?

(No corresponding provisions.]

ACT OF 1930 SEC. 331. GENERAL POWERS.

(a) PERSONNEL.-The commission shall appoint a secretary, who shall receive a salary of $7,500 per year, and the commission shall have authority to employ and fix the compensations of such special experts, examiners, clerks, and other employees as the commission may from time to time find necessary for the proper performance of its duties.

(b) APPLICATION OF CIVIL SERVICE LAW.-With the exception of the secretary, a clerk to each commissioner, and such special experts as the commission may from time to time find necessary for the conduct of its work, all employees of the commission shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance with the civil service law.

(c) EXPENSES.--All of the expenses of the commission, including all necessary expenses for transportation incurred by the commissioners or by their employees under their orders in making any investigation or upon official business in any other places than at their respective headquarters, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the commission. (d) OFFICES AND SUPPLIES.

Unless otherwise provided by law, the commission may rent suitable offices for its use, and purchase such furniture, equipment, and supplies as may be necessary,

(e) PRINCIPAL OFFICE AT WASHINGTON.—The principal office of the commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The commission may, by one or more of its members, or by such agents as it may designate, prosecute any inquiry necessary to its duties in any part of the United States or in any foreign country.

.? The Tariff Commission was created by the Revenue Act of 1916, sections 700–709. The following provisions correspond to section 330 of the Act of 1930:

Sec. 700. That a commission is hereby created and established, to be known as the United States Tariff Commission (hereinafter in this title referred to as the commission), which shall be composed of six members, who shall be appointed by the President, by and with the advice and consent of the Senate, not more than three of whom shall be members of the same political party. In making said appointments members of different political parties shall alternate as nearly as may be practicable. The first members appointed shall continue in office for terms of two, four, six, eight, ten, and twelve years, respectively, from the date of the passage of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of twelve years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate annually the chairman and vice chairman of the commission. No member shall engage actively in any other business, function, or employment. Any member may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy shall not impair the right of the remaining members to exercise all the powers of the commission, but no vacancy shall extend beyond any session of Congress.

SEC. 701. That each commissioner shall receive a salary of $7,500 per year, payable monthly.

ACT OF 1913

ACT OF 1922

(No corresponding provisions.)3

[No corresponding provisions.)

ACT OF 1930

(1) OFFICE AT New York.--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, describing, and filing samples of articles, and performing any of the duties or exercising any of the powers imposed upon it by w. [No corresponding provision in act of 1913.)

SEC. 318.

(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, describing, and filing samples of articles, and performing any of the duties or exercising any of the

powers imposed upon it by law. (8) OFFICIAL SEAL.-The commission is authorized to adopt an official seal, which shall be judicially noticed. [No corresponding provision in act of 1913.)

SEC. 318.

(e) The United States Tariff Commission is authorized to adopt an official seal, which shall be judicially noticed.

ACT OF 1930 SEC. 332. INVESTIGATIONS.

(a) INVESTIGATIONS AND REPORTS.-It shall be the duty of the commission to investigate the adminis. tration and fiscal and industrial effects of the customs laws of this country now in force or which may be hereafter enacted, the relations between the rates of duty on raw materials and finished or partly finished products, the effects of ad valorem and specific duties and of compound specific and ad valorem duties, all questions relative to the arrangement of schedules and classification of articles in the several schedules of the customs law, and, in general, to investigate the operation of customs laws, including their relation to the Federal revenues, their effect upon the industries and labor of the country, and to submit reports of its investigations as hereafter provided.

(b) INVESTIGATIONS OF TARIFF RELATIONS.—The commission shall have power to investigate the tariff relations between the United States and foreign countries, commercial treaties, preferential provisions, economic alliances, the effect of export bounties and preferential transportation rates, the volume of importations compared with domestic production and consumption, and conditions, causes, and effects relating to competition of foreign industries with those of the United States, including dumping and cost of production.

(C) INVESTIGATION OF PARIS ECONOMY PACT.-The commission shall have power to investigate the Paris Economy Pact and similar organizations and arrangements in Europe.

Section 701 of the Revenue Act of 1916, which follows, corresponds with section 331 (a) to (e) of the Act of 1930: SEC, 701.

The commission shall appoint a secretary, who shall receive a salary of $5,000 per year, payable in like manner, and it shall have authority to employ and fixt en compensation of such special experts, examiners, clerks, and other employees as the commission may from time to time find necessary for the proper performance of ts duties.

With the exception of the secretary, a clerk to each commissioner, and such special experts as the commission may from time to time find necessary for the conduct of its work, all employees of the commission shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance with the civil-service law.

All of the expenses of the commission, including all necessary expenses for transportation incurred by the commissioners or by their employees under their orders in making any investigation or upon official business in any other places than at their respective headquarters, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the commission.

Unless otherwise provided by law, the commission may rent suitable offices for its use, and purchase such furniture, equipment, and supplies as may be necessary.

The principal office of the commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The commission may, by one or more of its members, or by such agents as it may designate, prosecute any inquiry necessary to its duties in any part of the United States or in any foreign country.

4 Section 702 of the Revenue Act of 1916, which follows, corresponds with section 332 (a) of the Act of 1930:

SEC. 702. That it shall be the duty of said commission to investigate the administration and fiscal and industrial effects of the customs laws of this country now in force or which may be hereafter enacted, the relations between the rates of duty on raw materials and finished or partly finished products, the effects of ad valorem and specific duties and of compound specific and ad valorem duties, all questions relative to the arrangement of schedules and classification of articles in the several schedules of the customs law, and, in general, to investigate the operation of customs laws, including their relation to the Federal revenues, their effect upon the industries and labor of the country, and to submit reports of its investigations as hereafter provided.

3 Section 704 of the Revenue Act of 1916, which follows, corresponds with section 332 (b) of the Act of 1930:

SEC. 704. That the commission shall have power to investigate the tariff relations between the United States and foreign countries, commercial treaties, preferential provisions, economic alliances, the effect of export bounties and preferential transportation rates, the volume of importations compared with domestic production and consumption, and conditions, causes, and effects relating to competition of foreign indus. tries with those of the United States, including dumping and cost of production.

ACT OF 1913

ACT OF 1922

[No corresponding provisions.)

[No corresponding provisions.)

ACT OF 1930 (d) INFORMATION FOR PRESIDENT AND CONGRESS.-In order that the President and the Congress may secure information and assistance, it shall be the duty of the commission 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 manufacturing 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. [No corresponding provisions in act of 1913.] 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 dutes 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 manufacturing 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. (e) DEFINITIONS.-When used in this subdivision and in subdivision (d)

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

(2) The term "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.
(No corresponding provisions in act of 1913.)

SEC. 318.
(b) When used in this section-

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

The term 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. (f) The Tariff Commission is hereby directed, within eight months from the passage of this Act, to ascertain the approximate average cost per barrel to the oil refineries located on the Atlantic seaboard of crude petroleum delivered to them from the oil fields of the United States during the three years preceding 1930, and the present approximate average cost per barrel of crude petroleum from Lake Maracaibo, Venezuela, delivered to the same points. Such relative costs shall be immediately certified to the Speaker of the House of Representatives and to the President of the Senate for the information of the Congress.

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