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ACT OF 1930

(h) RULES AND REGULATIONS OF SECRETARY OF TREASURY.-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. ACT OF 1913

ACT OF 1922 [No corresponding provision in act of 1913.)

(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 wi the provisions of this section. (i) DEFINITION.--When used in this section the term “foreign country" means 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. [No corresponding provision in act of 1913.]

(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 1930

SEC. 339. EFFECT OF REENACTMENT OF EXISTING LAW.

Notwithstanding the repeal by section 651 of the laws relating to the United States Tariff Commission and their reenactment in sections 330 to 338, inclusive, with modifications, the unexpended balances of appropriations available for the commission at the time this section takes effect shall remain available for the commission in the administration of its functions under this Act; and such repeal and reenactment shall not operate to change the status of the officers and employees under the jurisdiction of the commission at the time this section takes effect. No investigation or other proceeding pending before the commission at such time (other than proceedings under section 315 of the Tariff Act of 1922) shall abate by reason of such repeal and reenactment, but shall continue under the provisions of this Act.

ACT OF 1913 [No corresponding provision.] 13

ACT OF 1922 [No corresponding provision.]

ACT OF 1930

SEC. 340. DOMESTIC VALUE-CONVERSION OF RATES.

(a) CONVERSION OF RATES BY COMMISSION.-The commission shall ascertain, with respect to each of the ad valorem rates of duty, and each of the rates of duty regulated by the value of the article, specified in this Act, an ad valorem rate (or a rate regulated by the value of the article, as the case may be) which if applied upon the basis of domestic value would have resulted as nearly as possible in the imposition, during the period from July 1, 1927, to June 30, 1929, both dates inclusive, of amounts of duty neither greater nor less than would have been collectible at the rate specified in this Act applied upon the basis of value defined in section 402 of the Tariff Act of 1922.

(b) REPORT TO CONGRESS BY COMMISSION.-The commission shall, as soon as practicable, but in no event later than July 1, 1932, submit a report to the Congress setting forth the classes of articles with respect to which the conversion of rates has been made, together with the converted rates applicable thereto.

(c) DATA TO BE FURNISHED BY SECRETARY OF TREASURY AND SECRETARY OF COMMERCE.-To assist the commission in carrying out the provisions of this section, the Secretary of the Treasury and the Secre. tary of Commerce are authorized and directed to furnish to the commission, upon request, any data or information in the possession or control of their respective departments relating to the importation, entry, appraisement, and classification of merchandise and the collection of duties thereon.

(d) DEFINITIONS.--When used in this section-
(1) The term “domestic value," applied with respect to imported merchandise, means

(A) the price at which such or similar imported merchandise is freely offered for sale, at the time of exportation of the imported merchandise, packed ready for delivery, in the principal market of the United States to all purchasers, in the usual wholesale quantities and in the ordinary course of trade, or

(B) if such or similar imported merchandise is not so offered for sale in the United States, then an estimated value, based on the price at which merchandise, whether imported or domestic, comparable in construction or use with the imported merchandise, is so offered for sale, with such adjustments as may be necessary owing to differences in size, material, construction, texture, and other differences.

(2) The term “rate of duty regulated by the value of the article" means a rate of duty regulated in any manner by the value of the article, and includes the value classification by which such rate is regulated. ACT OF 1913 ·

ACT OF 1922 (No corresponding provisions.]

(No corresponding provisions.]

13 Sections 705 and 709 of the Revenue Act of 1916, which follow, are related to section 339 of the Act of 1930. Sec. 705. That upon the organization of the commission, the Cost of Production Division in the Bureau of Foreign and Domestic Commerce in the Department of Commerce shall be transferred to said commission, and the clerks and employees of said division shall be transferred to and become clerks and employees of the commission, and all records, papers, and property of the said division and of the former tariff board shall be transferred to and become the records, papers, and property of the commission.

SEC. 709. That there is herehy appropriated, fcr the purpose of defraying the expense of the establishment and maintenance of the commission, including the payment of salaries herein authorized, out of any money in the Treasury of the United States not otherwise appropriated, the sum of $300,000 for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for each'fiscal year thereafter a like sum is author. ized to be appropriated.

ACT OF 1930
SEC. 341. INTERFERENCE WITH FUNCTIONS OF COMMISSION.

(a) INTERFERING WITH OR INFLUENCING THE COMMISSION OR ITS EMPLOYEES.-It shall be unlawful for any person (1) to prevent or attempt to prevent, by force, intimidation, threat, or in any other man. ner, any member or employee of the commission from exercising the functions imposed upon the commission by this title, or (2) to induce, or attempt to induce, by like means any such member or employee to make any decision or order, or to take any action, with respect to any matter within the authority of the commission.

(b) PENALTY.-Any person who violates any of the provisions of this section shall, upon conviction thereof, be fined not more than $1,000 or imprisonment for not more than one year, or both.

(c) DEFINITION.-As used in this section the term “person” includes an individual, corporation, association, partnership, or any other organization or group of individuals. ACT OF 1913

ACT OF 1922

[No corresponding provisions.]

[No corresponding provisions.)

TITLE IV-ADMINISTRATIVE PROVISIONS

Part Definitions

ACT OF 1930 SEC. 401. MISCELLANEOUS,

When used in this title or in Part I of Title III

(a) VESSEL.-The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft.

ACT OF 1913

ACT OF 1922

[No corresponding provision.]

SECTION 401. When used in this title

(a) VESSEL.—The word “vessel” includes every description of water craft or other contrivance used, or capable of being used, as a means of transporta

tion in water or in water and in air. (b) VEHICLE.—The word “vehicle” includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft. (No corresponding provision in act of 1913.)

(b) VEHICLE.-The word "vehicle" includes every description of carriage or other contrivance used, or capable of being used, as a means of trans

portation on land, or through the air. (C) MERCHANDISE.-The word “merchandise” means goods, wares, and chattels of every description and includes merchandise the importation of which is prohibited. (No corresponding provision in act of 1913.)

(c) MERCHANDISE.—The word “merchandise" means goods, wares, and chattels of every description and includes merchandise the importation of

which is prohibited. (d) PERSON.—The word “person” includes partnerships, associations, and corporations. [No corresponding provision in act of 1913.)

(d) PERSON.-The word “person” includes

partnerships, associations, and corporations. (e) MASTER.-The word “master" means the person having the command of the vessel. (No corresponding provision in act of 1913.]

(e) MASTER.-The word “master” means the

person having the command of the vessel. (f) DAY.—The word “day” means the time from eight o'clock antemeridian to five o'clock postmeridian. [No corresponding provision in act of 1913.]

(1) DAY.-The word “day" means the time from eight o'clock antemeridian to five o'clock post

meridian. (8) NIGHT.-The word “night” means the time from five o'clock postmeridian to eight o'clock antemeridian. (No corresponding provision in act of 1913.)

(g) NIGHT.-The word "night” means the time from five o'clock postmeridian to eight o'clock

antemeridian. (h) COLLECTOR.-The word "collector" means collector of customs and includes assistant collector of customs, deputy collector of customs and any person authorized by law or by regulations of the Secretary of the Treasury to perform the duties of a collector of customs. [No corresponding provision in act of 1913.)

(h) COLLECTOR.-The word "collector" means the collector of customs, and includes a deputy collector of customs and any person authorized by law or by regulations of the Secretary of the Treas

ury to perform the duties of collector of customs. (i) COMPTROLLER OF Customs.—The term “comptroller of customs” includes assistant comptroller of customs and any person authorized by law or by regulations of the Secretary of the Treasury to perform the duties of a comptroller of customs. [No corresponding provision in act of 1913.]

[No corresponding provision in act of 1922.]

ACT OF 1930 (j) APPRAISER.– The word "appraiser” means appraiser of merchandise and includes chief assistant appraiser and any person authorized by law or by regulations of the Secretary of the Treasury to perform the duties of an appraiser, but does not include the United States Customs Court or any division or judge thereof. ACT OF 1913

ACT OF 1922 [No corresponding provision in act of 1913.)

(i) APPRAISER.-The word "appraiser" means the person authorized by law, or by the Secretary of the Treasury, to appraise imported merchandise

and to make a return of the value thereof. (k) UNITED STATES.—The term “United States" includes all Territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, American Samoa, and the island of Guan. (No corresponding provision in act of 1913.]

(i) The term “United States” includes all Territories and possessions of the United States, except the Philippine Islands, the Virgin Islands, and the islands of Guam and Tutuila.

ACT OF 1930 SEC. 402. VALUE.

(a) BASIS,-For the purposes of this Act the value of imported merchandise shall be(1) The foreign value or the export value, whichever is higher;

ACT OF 1913

ACT OF 1922

[No corresponding provision.]

SEC. 402. VALUE.-(a) For the purposes of this Act the value of imported merchandise shall be

(1). The foreign value or the export value ,which

ever is higher; (2) If the appraiser determines that neither the foreign value nor the export value can be satisfactorily ascertained, then the United States value; [No corresponding provision in act of 1913.]

(2) If neither the foreign value nor the export value can be ascertained to the satisfaction of the

appraising officers, then the United States value; (3) If the appraiser determines that neither the foreign value, the export value, nor the United States value can be satisfactorily ascertained, then the cost of production; [No corresponding provision in act of 1913.)

(3) If neither the foreign value, the export value, nor the United States value can be ascertained to the satisfaction of the appraising officers, then the

cost of production; (4) In the case of an article with respect to which there is in effect under section 336 a rate of duty based upon the American selling price of a domestic article, then the American selling price of such article. [No corresponding provision in act of 1913.)

(4) If there be any similar competitive article manufactured or produced in the United States of a class or kind upon which the President has made public a finding as provided in subdivision (b) of section 315 of Title III of this Act, then the American

selling price of such article. (b) REVIEW OF APPRAISER'S DECISION.--A decision of the appraiser that foreign value, export value, or United States value can not be satisfactorily accertained shall be subject to review in reappraisement proceedings under section 501; but in any such proceeding, an affidavit executed outside of the United States shall not be admitted in evidence if executed by any person who fails to permit a Treasury attaché to inspect his books, papers, records, accounts, documents, or correspondence, pertaining to the value or classification of such merchandise. [No corresponding provision in act of 1913.)

[No corresponding provision in act of 1922.) (c) FOREIGN VALUE.-The foreign value of imported merchandise shall be the market value or the price at the time of exportation of such merchandise to the United States, at which such or similar mer. chandise is freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States. [No corresponding provision in act of 1913.]

(b) The foreign value of imported merchandise shall be the market value or the price at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the prin. cipal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States.

ACT OF 1930

(d) ExpoRT VALUE.-The export value of imported merchandise shall be the market value or the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for

sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, for exportation to the United States, plus, when not included in such price, the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States.

ACT OF 1913

ACT OF 1922

[No corresponding provision in act of 1913.)

(c) The export value of imported merchandise shall be the market value or the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the prin. cipal markets of the country from which exported in the usual wholesale quantities and in the ordinary course of trade, for exportation to the United States, plus, when not included in such price, the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States. If in the ordinary course of trade imported merchandise is shipped to the United States to an agent of the seller, or to the seller's branch house, pursuant to an order or an agreement to purchase (whether placed or entered into in the United States or in the foreign country), for delivery to the purchaser in the United States, and if the title to such merchandise remains in the seller until such delivery, then such merchandise shall not be deemed to be freely offered for sale in the principal markets of the country from which exported for exportation to the United States, within the meaning of this subdivision. [Similar provision in Emergency

Tariff Act, 1921.] (0) UNITED STATES VALUE.-The United States value of imported merchandise shall be the price at which such or similar imported merchandise is freely offered for sale, packed ready for delivery, in the principal market of the United States to all purchasers, at the time of exportation of the imported merchandise, in the usual wholesale quantities and in the ordinary course of trade, with allowance made for duty, cost of transportation and insurance, and other necessary expenses from the place of shipment to the place of delivery, a commission not exceeding 6 per centum, if any has been paid or contracted to be paid on goods secured otherwise than by purchase, or profits not to exceed 8 per centum and a reasonable allowance for general expenses, not to exceed 8 per centum on purchased goods. [No corresponding provision in act of 1913.]

(d) The United States value of imported merchandise shall be the price at which such or similar imported merchandise is freely offered for sale, packed ready for delivery, in the principal market of the United States to all purchasers, at the time of exportation of the imported merchandise, in the usual wholesale quantities and in the ordinary course of trade, with allowance made for duty, cost of transportation and insurance, and other necessary expenses from the place of shipment to the place of delivery, a commission not exceeding 6 per centum, if any has been paid or contracted to be paid on goods secured otherwise than by purchase, or profits not to exceed 8 per centum and a reasonable allowance for general expenses, not to

exceed 8 per centum on purchased goods. (1) Cost OF PRODUCTION.–For the purpose of this title the cost of production of imported merchandise shall be the sum of

(1) The cost of materials of, and of fabrication, manipulation, or other process employed in manufacturing or producing such or similar merchandise, at a time preceding the date of exportation of the particular merchandise under consideration which would ordinarily permit the manufacture or production of the particular merchandise under consideration in the usual course of business; [No corresponding provision in act of 1913.]

(e) For the purpose of this title the cost of production of imported merchandise shall be the sum of

(1) The cost of materials of, and of fabrication, manipulation, or other process employed in manufacturing or producing such or similar merchandise, at a time preceding the date of exportation of the particular merchandise under consideration which would ordinarily permit the manufacture or production of the particular merchandise under con

sideration in the usual course of business; (2) The usual general expenses (not less than 10 per centuni of such cost) in the case of such or similar merchandise; (No corresponding provision in act of 1913.]

(2) The usual general expenses (not less than 10 per centum of such cost) in the case of such or similar merchandise:

ACT OF 1930

(3) The cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the particular merchandise under consideration in condition, packed ready for shipment to the United States; and

ACT OF 1913

ACT OF 1922 [No corresponding provision in act of 1913.)

(3) The cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the particular merchandise under consideration in condition, packed

ready for shipment to the United States; and (4) An addition for profit (not less than 8 por centum of the sum of the amounts found under paragraphs (1) and (2) of this subdivision) equal to the profit which ordinarily is added, in the case of merchandise of the same general character as the particular merchandise under consideration, by manufacturers or producers in the country of manufacture or production who are engaged in the production or manufacture of merchandise of the same class or kind. [No corresponding provision in act of 1913.)

(4) An addition for profit (not less than 8 per centum of the sum of the amounts found under paragraphs (1) and (2) of this subdivision) egual to the profit which ordinarily is added, in the case of merchandise of the same general character as the particular merchandise under consideration, by manufacturers or producers in the country of manufacture or production who are engaged in the production or manufacture of merchandise of the same

class or kind. (g) AMERICAN SELLING PRICE.-The American selling price of any article manufactured or produced in the United States shall be the price, including the cost of all containers and coverings of whatever nature and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for delivery, at which such article is freely offered for sale to all purchasers in the principal market of the United States, in the ordinary course of trade and in the usual wholesale quantities in such market, or the price that the manufacturer, producer, or owner would have received or was willing to receive for such merchandise when sold in the ordinary course of trade and in the usual wholesale quantities, at the time of exportation of the imported article. [No corresponding provision in act of 1913.)

(f) The American selling price of any article manufactured or produced in the United States shall be the price, including the cost of all containers and coverings of whatever nature and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for delivery, at which such article is freely offered for sale to ali purchasers in the principal market of the United States, in the ordinary course of trade and in the usual wholesale quantities in such market, or the price that the manufacturer, producer, or owner would have received or was willing to receive for such merchandise when sold in the ordinary course of trade and in the usual wholesale quantities, at the time of exportation of the imported article.

Part II.—Report, Entry, and Unlading of Vessels and Vehicles

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SEC. 431. MANIFEST-REQUIREMENT, FORM, AND CONTENTS.

The master of every vessel arriving in the United States and required to make entry shall have on board his vessel a manifest in a form to be prescribed by the Secretary of the Treasury and signed by such master under oath as to the truth of the statements therein contained. Such manifest shall contain:

ACT OF 1913

ACT OF 1922

(No corresponding provision.)

SEC. 431. FORM OF MANIFEST.-The master of every vessel arriving in the United States and required to make entry shall have on board his vessel a manifest in a form to be prescribed by the Secretary of the Treasury and signed by such master under oath as to the truth of the statements therein

contained. Such manifest shall contain: First. The names of the ports or places at which the merchandise was taken on board and the ports of entry of the United States for which the same is destined, particularly describing the merchandise destined to each such port: Provided, That the master of any vessel laden exclusively with coal, sugar, salt, nitrates, hides, dyewoods, wool, or other merchandise in bulk consigned to one owner and arriving at a port for orders, may destine such cargo "for orders," and within fifteen days thereafter, but before the unlading of any part of the cargo such manifest may be amended by the master by designating the port or ports of discharge of such cargo, and in the event of failure to amend the manifest within the time permitted such cargo must be discharged at the port at which the vessel arrived and entered. [No corresponding provision in act of 1913.)

First. The names of the ports at which the merchandise was taken on board and the ports of entry of the United States for which the same is destined, particularly describing the merchandise destined

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