APPENDIX I TEXT OF SECTION 317 (TARIFF ACT OF 1922) AS ORIGINALLY PRESENTED IN THE SMOOT AMENDMENT (67th Congress, 2d Session, H. R. 7456. In the Senate of the United States, January 10, calendar day January 12, 1922. Amendment intended to be proposed by Mr. Smoot. The text as reported by the Finance Committee is found in subdivision 16, note; as passed by the Senate, in Appendix 2; as finally enacted, at the beginning of Chapter I). ADDITIONAL DUTIES TO PREVENT DISCRIMINATION AGAINST AMERICAN FOREIGN COMMERCE SEC. 4. (a) That from and after the passage of this Act, subject to the provisions of subsections c to k, inclusive, of this section, all products, when imported into the United States from any foreign country, shall be admitted under the provisions of Titles I and II of this Act. (b) That the President may by proclamation specify and declare new or additional duties as hereinafter provided upon the products of any foreign country whenever he shall find as a fact that such country Imposes, directly or indirectly, upon the disposition or transportation in transit through or reexportation from such country of any product of the United States any unreasonable charge, exaction, regulation, or limitation which is not equally enforced upon the like products of any foreign country; Imposes, directly or indirectly, upon the importation from the United States of any article not the product of the United States any customs, tonnage, or port duty or any other charge, exaction, regulation, or limitation whatever which is not equally enforced upon importation from every foreign country of the like article not being the product of the country whence it is directly imported; 547] 337 Imposes upon any product upon its exportation to the United States any duty, charge, restriction, or prohibition whatever which is not equally enforced upon the exportation of such products to every foreign country; Discriminates against the commerce of the United States, directly or indirectly, by law or administrative regulation or practice, by or in respect to any 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; or fails to accord to the commerce of the United States treatment equal and equivalent to that accorded to the commerce of any foreign country. (c) If at 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, but has, after the issuance of a proclamation as authorized in subsection (b) hereof, maintained or increased its discriminations against the commerce of the United States, the President is hereby authorized in his discretion to issue a further proclamation directly that such products of said country as he shall deem proper shall be excluded from importation into the United States. (d) That any proclamation issued by the President under the authority of this section may in his discretion extend to the whole of any foreign country or may be confined to any subdivision or subdivisions thereof; and the President may at any time suspend, revoke, supplement, or amend any such proclamation. (e) The President shall find as a fact the burdens placed on the commerce of the United States by the discriminations aforesaid, and when issuing any such proclamation shall declare therein new or additional customs duties determined by him to be equivalent to such burdens, not to exceed 50 per centum ad valorem or its equivalent, and shall specify the date upon which such proclamation and any new or additional customs duties declared therein shall take effect and from and after such date there shall be levied, collected, and paid on the products enumerated in such proclamation when imported into the United States such new or additional customs duties; or in case of products declared subject to exclusion from importation into the United States under the provisions of subsection (c) hereof, such products shall be excluded from importation. (f) That whenever the President shall find as a fact that any foreign country enforces upon the exportation of any product any export duty, restriction, or prohibition, or grants any bounty on production or exportation, any rebate of duties or any preferential allowance upon exports which unduly or unfairly discriminates against the United States, any products thereof, or consumers therein, he may by proclamation specify and declare new or additional duties as provided in subsections (b), (d), and (e) upon importation from any foreign country into the United States of the products of any industry which receives any benefit from any such discriminatory provisions aforesaid; and said new or additional duties shall be levied, collected, and paid as provided in such proclamation. (g) All articles of merchandise imported contrary to the provisions of this section shall be forfeited to the United States and shall be liable to be seized, 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 the products of any foreign country, they shall be applicable thereto whether such products are imported directly or indirectly. (h) It shall be the duty of such department or independent establishment of the Government, as the President may direct, to ascertain and at all times to be informed whether any of the discriminations against the commerce of the United States enumerated in subsections (b), (c), and (f) of this section are practiced by any country; and if and when such discriminatory acts are disclosed, it shall be the duty of the said Commission to bring the matter to the attention of the President, together with recommendations. (i) 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 Act. (j) 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. APPENDIX 2 TEXT OF SECTION 317 (TARIFF Act of 1922) as it was (Congressional Record, August 11, 1922, vol. 62, pt. 11, 67th Cong., 2nd Sess., p. 11249). SEC. 317. (a) That from and after the passage of this act, subject to the provisions of this section, all products when imported into the United States from any foreign country shall be admitted under the provisions of Titles I and II and sections 315 and 316 of this act. (b) That the President shall by proclamation specify and declare new or additional duties as hereinafter provided upon the products 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 product of the United States any unreasonable charge, exaction, regulation, or limitation which is not equally enforced upon the like products of any foreign country; Discriminates 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. (c) If at 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 subsection (b) hereof, maintained or increased its said discriminations against the commerce of the United States, the President is hereby 551] 341 |