broken. Flour, meal, and still having the inner cuticle on, 14 cents per pound; rice flour, and rice meal, and rice broken which will pass through a number twelve wire sieve of a kind prescribed by the Secretary of the Treasury, one-fourth of 1 cent per pound; paddy, or rice having the outer hull on, three-fourths of 1 cent per pound. Paddy. Lemons. Oils; Peanut, cottonseed, coconut, soya bean, and olive." Cattle. Meats. Breeding live stock admitted free. of. Long staple cotton. Manufactures there 10. Lemons, 2 cents per pound. 11. Oils: Peanut, 26 cents per gallon; cottonseed, coconut, and soya bean, 20 cents per gallon; olive, 40 cents per gallon in bulk, 50 cents per gallon in containers of less than five gallons. 12. Cattle, 30 per centum ad valorem. 13. Sheep: One year old or over, $2 per head; less than one year old, $1 per head. 14. Fresh or frozen beef, veal, mutton, lamb, and pork, 2 cents per pound. Meats of all kinds, prepared or preserved, not specially provided for herein, 25 per centum ad valorem. 15. Cattle and sheep and other stock imported for breeding purposes shall be admitted free of duty. 16. Cotton having a staple of one and three-eighths inches or more in length, 7 cents per pound. 17. Manufactures of which cotton of the kind provided for in paraAdditional to pres- graph 16 is the component material of chief value, 7 cents per pound, in addition to the rates of duty imposed thereon by existing law. ent rates. ed. Vol. 38, p. 138. Rates. 18. Wool, commonly known as clothing wool, including hair of the camel, angora goat, and alpaca, but not such wools as are commonly known as carpet wools: Unwashed, 15 cents per pound; Classification defin- washed, 30 cents per pound; scoured, 45 cents per pound. Unwashed wools shall be considered such as shall have been shorn from the animal without any cleaning; washed wools shall be considered such as have been washed with water only on the animal's back or on the skin; wools washed in any other manner than on the animal's back or Additional, if sorted, on the skin shall be considered as scoured wool. On wool and hair pro etc. Advanced beyond washed, etc. of. vided for in this paragraph, which is sorted or increased in value by the rejection of any part of the original fleece, the duty shall be twice the duty to which it would otherwise be subject, but not more than 45 cents per pound. 19. Wool and hair of the kind provided for in paragraph 18, when advanced in any manner or by any process of manufacture beyond Manufactures there the washed or scoured condition, and manufactures of which wool Additional to pres- or hair of the kind provided for in paragraph 18 is the component material of chief value, 45 cents per pound in addition to the rates of duty imposed thereon by existing law. ent rates. Vol. 38, p. 142. Sugars, etc. Molasses. 20. Sugars, tank bottoms, sirups of cane juice, melada, concentrated melada, concrete and concentrated molasses, testing by the polariscope not above seventy-five degrees, one and sixteen onehundredths of 1 cent per pound, and for every additional degree shown by the polariscopic test, four one-hundredths of 1 cent per pound additional, and fractions of a degree in proportion; molasses testing not above forty degrees, 24 per centum ad valorem; testing above forty degrees and not above fifty-six degrees, 3 cents per gallon; testing above fifty-six degrees, 7 cents per gallon; sugar Drainings and drainings and sugar sweepings shall be subject to duty as molasses or sugar, as the case may be, according to polariscopic test. 21. Butter, and substitutes therefor, 6 cents per pound. sweepings. Butter. Cheese. Milk and cream. Sugar of milk. 22. Cheese, and substitutes therefor, 23 per centum ad valorem. 23. Milk, fresh, 2 cents per gallon; cream, 5 cents per gallon. 24. Milk, preserved or condensed, or sterilized by heating or other processes, including weight of immediate coverings, 2 cents per pound; sugar of milk, 5 cents per pound. 25. Wrapper tobacco and filler tobacco when mixed or packed with more than 15 per centum of wrapper tobacco, and all leaf tobacco the product of two or more countries or dependencies when mixed or packed together, if unstemmed, $2.35 per pound; if stemmed, $3 per pound; filler tobacco not specially provided for in this section, if unstemmed, 35 cents per pound; if stemmed, 50 cents per pound. The term wrapper tobacco" as used in this section means that quality of leaf tobacco which has the requisite color, texture, and burn, and is of sufficient size for cigar wrappers, and the term "filler tobacco" means all other leaf tobacco. 26. Apples, 30 cents per bushel. 27. Cherries in a raw state, preserved in brine or otherwise, 3 cents per pound. 28. Olives, in solutions, 25 cents per gallon; olives, not in solutions, 3 cents per pound. Filler. Apples. Olives. Rates in lieu of pres factures. SEC. 2. The rates of duty imposed by section 1 (except under para- ent duties, except cotgraphs 17 and 19) in the case of articles on which a rate of duty is ton and wool manuimposed by existing law, shall be in lieu of such rate of duty during the six months' period referred to in section 1. Former rates ге SEC. 3. After the expiration of the six months' period referred to stored after six months. in section 1, the rates of duty upon the articles therein enumerated shall be those, if any, imposed thereon by existing law. Collection, etc. SEC. 4. The duties imposed by this title shall be levied, collected, Vol. 38, pp. 114-202. and paid on the same basis, in the same manner, and subject to the same provisions of law, including penalties, as the duties imposed by such Act of 1913. SEC. 5. That this title shall be cited as the "Emergency Tariff Act." TITLE II.-ANTIDUMPING. DUMPING INVESTIGATION. Title of Act. Secretary to investigate if imports are sold at less than fair value, to injury of American industry. Finding to be made public. 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 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. (b) Whenever, in the case of any imported merchandise of a class port withheld when or kind as to which the Secretary has not so made public a finding, less than market value, purchase price belleved the appraiser or person acting as appraiser has reason to believe or etc. suspect, from the invoice or other papers or from information presented to him, that the purchase price is less, or that the exporter's sales price is less or likely to be less, than the foreign market value (or, in the absence of such value, than the cost of production) he Appraisement of im shall forthwith, under regulations prescribed by the Secretary, notify To await order or the Secretary of such fact and withhold his appraisement report to Anding of Secretary. the collector as to such merchandise until the further order of the Secretary, or until the Secretary has made public a finding as provided in subdivision (a) in regard to such merchandise. SPECIAL DUMPING DUTY. Special duty. dumping Levied on all unap fect to, if price thereof SEC. 202. (a) That in the case of all imported merchandise, praised imports sub whether dutiable or free of duty, of a class or kind as to which the less than foreign marSecretary has made public a finding as provided in section 201, and ket value, etc. as to which the appraiser or person acting as appraiser has made no appraisement report to the collector before such finding has been so made public, if the purchase price or the exporter's sales price is less than the foreign market value (or, in the absence of such value, than the cost of production) there shall be levied, collected, and To equal difference. paid, in addition to the duties imposed thereon by law, a special dumping duty in an amount equal to such difference. of Determination market value if differ greater quantities for in home market, etc. (b) If it is established to the satisfaction of the appraising officers ence due to sales of that the amount of such difference between the purchase price and American export, than the foreign market value is wholly or partly due to the fact that the wholesale quantities, in which such or similar merchandise is sold or freely offered for sale to all purchasers for exportation to the United States in the ordinary course of trade, are greater than the wholesale quantities in which such or similar merchandise is sold or freely offered for sale to all purchasers in the principal markets of the country of exportation in the ordinary course of trade for home. consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States), then due allowance shall be made therefor in determining the foreign. market value for the purposes of this section. If difference due to Sales of greater quan markets of United States, than in country of export, etc. (c) If it is established to the satisfaction of the appraising officers tities of such goods in that the amount of such difference between the exporter's sales price and the foreign market value is wholly or partly due to the fact that the wholesale quantities, in which such or similar merchandise is sold or freely offered for sale to all purchasers in the principal markets of the United States in the ordinary course of trade, are greater than the wholesale quantities in which such or similar merchandise is sold or freely offered for sale to all purchasers in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States), then due allowance shall be made therefor in determining the foreign market value for the purposes of this section. Purchase price. Considerations to de termine. penses, etc. ducted. PURCHASE PRICE. SEC. 203. That for the purposes of this title, the purchase price Paid by purchaser, of imported merchandise shall be the price at which such merchanincluding packing ex dise has been purchased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the merchandise is imported, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, Import duties, and and expenses incident to placing the merchandise in condition, shipping expenses de packed ready for shipment to the United States, less the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country Export tax, rebates, of exportation to the place of delivery in the United States; and plus the amount, if not included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller, in respect to the manufacture, production or sale of the merchandise, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States. etc., added. EXPORTER'S SALES PRICE. Exporter's sales price. Items included in. Deductions. United States duties, and shipment ex SEC. 204. That for the purpose of this title the exporter's sales price of imported merchandise shall be the price at which such merchandise is sold or agreed to be sold in the United States, before or after the time of importation, by or for the account of the exporter, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less (1) the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, penses. and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place Selling commissions of delivery in the United States, (2) the amount of the commissions, and expenses. if any, for selling in the United States the particular merchandise under consideration, (3) an amount equal to the expenses, if any, generally incurred by or for the account of the exporter in the United States in selling identical or substantially identical merchandise, and (4) the amount of any export tax imposed by the country of tExport tax of counexportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the taxes, added.' country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller in respect to the manufacture, production, or sale of the merchandise, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States. FOREIGN MARKET VALUE. whence exported. Rebates, etc., of Determined by usual whence exported, at Cost of preparing for SEC. 205. That for the purposes of this title the foreign market price in country value of imported merchandise shall be the price, at the time of ex- the time thereof. portation of such merchandise to the United States, at which such or similar merchandise is sold or 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 home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States), plus, when not included in such price, the cost of all con- shipment added if not tainers and coverings and all other costs, charges, and expenses included in price. incident to placing the merchandise in condition packed ready for If ordered prior to shipment to the United States, except that in the case of merchandise time when exported, purchased or agreed to be purchased by the person by whom or for as of date thereof. whose account the merchandise is imported, prior to the time of exportation, the foreign market value shall be ascertained as of the date of such purchase or agreement to purchase. In the ascertain- not considered. ment of foreign market value for the purposes of this title no pretended sale or offer for sale, and no sale or offer for sale intended to establish a fictitious market, shall be taken into account. COST OF PRODUCTION. SEC. 206. That for the purposes of this title the cost of production of imported merchandise shall be the sum of Pretended sales, etc., Cost of production. Elements of. Materials, and cost (1) The cost of materials of, and of fabrication, manipulation, or of making before shipother process employed in manufacturing or producing, identical or ment. substantially identical merchandise, at a time preceding the date of shipment of the particular merchandise under consideration which would ordinarily permit the manufacture or production of the par Usual general expenses. Coverings, packing expenses, etc. Profits ordinarily added in country where produced. Exporter. Person deemed to be the. Agent or principal of, etc. Owning or controlling any interest in the business of, etc. Owning an interest in any business of. business of the importer, and also of. ticular merchandise under consideration in the usual course of business; (2) The usual general expenses (not less than 10 per centum of such cost) in the case of identical or substantially identical merchandise; (3) The cost of all containers and coverings, 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 per centum of the sum of the amounts found under paragraphs (1) and (2)) equal to the profit which is ordinarily 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 same general trade as the manufacturer or producer of the particular merchandise under consideration. EXPORTER. SEC. 207. That for the purposes of this title the exporter of imported merchandise shall be the person by whom or for whose account the merchandise is imported into the United States: (1) If such person is the agent or principal of the exporter, manufacturer, or producer; or (2) If such person owns or controls, directly or indirectly, through stock ownership or control or otherwise, any interest in the business of the exporter, manufacturer, or producer; or (3) If the exporter, manufacturer, or producer owns or controls, directly or indirectly, through stock ownership or control or otherOwning interest in wise, any interest in any business conducted by such person; or (4) If any person or persons, jointly or severally, directly or indirectly, through stock ownership or control or otherwise, own or control in the aggregate 20 per centum or more of the voting power or control in the business carried on by the person by whom or for whose account the merchandise is imported into the United States, and also 20 per centum or more of such power or control in the business of the exporter, manufacturer, or producer. Oaths and bonds on entry. Delivery of imports subject to Ante, p. 11. makes oath that he is not an exporter. er's sales price. OATHS AND BONDS ON ENTRY. SEC. 208. That in the case of all imported merchandise, whether duty, unlawfulping dutiable or free of duty, of a class or kind as to which the Secretary has made public a finding as provided in section 201, and delivery of which has not been made by the collector before such finding has Unless importer been so made public, unless the person by whom or for whose account such merchandise is imported makes oath before the collector, under regulations prescribed by the Secretary, that he is not an exporter, Or declares export- or unless such person declares under oath at the time of entry, under regulations prescribed by the Secretary, the exporter's sales price of such merchandise, it shall be unlawful for the collector to deliver Permitted on mak- the merchandise until such person has made oath before the collector, not been made sale has under regulations prescribed by the Secretary, that the merchandise has not been sold or agreed to be sold by such person, and has given On giving bond to bond to the collector, under regulations prescribed by the Secretary, with sureties approved by the collector, in an amount equal to the estimated value of the merchandise, conditioned: (1) that he will report to the collector the exporter's sales price of the merchandise within 30 days after such merchandise has been sold or agreed to be To pay special duty. sold in the United States, (2) that he will pay on demand from the collector the amount of special dumping duty, if any, imposed by ing oath that report sales price in 30 days after sale. |