19 U.S.C. § 1332 — Investigations

Page 108 TITLE 19—CUSTOMS DUTIES § 1332 bility, shall represent himself as speaking for the Commission, or his views as being the views of the Commission, with respect to such matter except to the extent that the Commission has adopted the policy being expressed. (b) Application of civil service law Except for employees excepted under civil service rules, all employees of the commission shall be appointed from lists of eligibles to be supplied by the Director of the Office of Per- sonnel Management and in accordance with the civil service law. (c) Expenses All of the expenses of the commission, includ- ing all necessary expenses for transportation in- curred by the commissioners or by their employ- ees under their orders in making any investiga- tion 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 chairman (ex- cept that in the case of a commissioner, or the personal staff of any commissioner, such vouch- ers may be approved by that commissioner). (d) 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 mem- bers, 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. (e) 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 in- vestigation, receiving and compiling statistics, selecting, describing, and filing samples of arti- cles, and performing any of the duties or exer- cising any of the powers imposed upon it by law. (f) Official seal The commission is authorized to adopt an offi- cial seal, which shall be judicially noticed. (June 17, 1930, ch. 497, title III, § 331, 46 Stat. 697; Pub. L. 95–106, § 3(a), (b), Aug. 17, 1977, 91 Stat. 868; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 97–456, § 1(b), Jan. 12, 1983, 96 Stat. 2503.) Editorial Notes CODIFICATION In subsec. (a), provisions which specified a salary of $7,500 per year for the secretary to the commission have been omitted as obsolete and superseded. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the ap- plicability to specific positions and employees. In subsec. (b), the words ‘‘Except for employees ex- cepted under the civil service rules’’ substituted for ‘‘With the exception of the secretary, a clerk to each commissioner, and such special experts as the commis- sion may from time to time find necessary for the con- duct of its work’’. Appointments are now subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classi- fied (competitive) civil service. The Order is set out as a note under section 3301 of Title 5. PRIOR PROVISIONS Provisions similar to subsecs. (a) to (e) of this section were contained in act Sept. 8, 1916, ch. 463, § 701, 39 Stat. 975. That section was superseded by section 331 of act June 17, 1930, comprising this section. Provisions similar to those in subsecs. (f) and (g) of this section were contained in act Sept. 21, 1922, ch. 356, title III, § 318, 42 Stat. 947. That section was superseded by section 331 of act June 17, 1930, comprising this sec- tion, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1983—Subsec. (a)(1). Pub. L. 97–456 designated existing provisions relating to the chairman’s exercise of and responsibility for all administrative functions as sub- par. (A), redesignated former subpars. (A) through (C) as cls. (i) through (iii), added subpar. (B), designated provisions relating to disapproval by a majority of the commissioners of any decision by the chairman as sub- par. (C), and in (C) as so designated, substituted ‘‘sub- paragraph (A) or (B)’’ for ‘‘this paragraph’’ after ‘‘chairman under’’. 1977—Subsec. (a). Pub. L. 95–106, § 3(a), designated ex- isting provisions as par. (1), substituted provisions au- thorizing the chairman to perform certain required functions subject to approval by the Commission for provisions authorizing the Commission to perform cer- tain required functions and inserted provisions requir- ing the chairman to exercise and be responsible for all other administrative functions of the Commission, and added pars. (2) and (3). Subsec. (c). Pub. L. 95–106, § 3(b)(1), substituted ‘‘ap- proved by the chairman (except that in the case of a commissioner, or the personal staff of any commis- sioner, such vouchers may be approved by that commis- sioner)’’ for ‘‘approved by the Commission’’. Subsec. (d). Pub. L. 95–106, § 3(b)(2), redesignated sub- secs. (e) to (g) as (d) to (f), respectively. Former subsec. (d), relating to offices and supplies, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–106, § 3(c), Aug. 17, 1977, 91 Stat. 869, pro- vided that: ‘‘The amendments made by this section [amending this section] take effect on the date of en- actment of this Act [Aug. 17, 1977].’’ Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Manage- ment (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 1332. Investigations (a) Investigations and reports It shall be the duty of the commission to in- vestigate the administration and fiscal and in- Page 109 TITLE 19—CUSTOMS DUTIES § 1332 dustrial effects of the customs laws of this coun- try, 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 rev- enues, their effect upon the industries and labor of the country, and to submit reports of its in- vestigations as hereafter provided. (b) Investigations of tariff relations The commission shall have power to inves- tigate the tariff relations between the United States and foreign countries, commercial trea- ties, preferential provisions, economic alliances, the effect of export bounties and preferential transportation rates, the volume of importa- tions 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 inves- tigate the Paris Economy Pact and similar orga- nizations and arrangements in Europe. (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, pro- ducing, 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, pro- ducing, or manufacturing centers of foreign countries of articles imported into the United States, whenever in the opinion of the com- mission such conversion costs or costs of pro- duction 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 arti- cles imported into the United States and which are similar to or comparable with arti- cles 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 represent- ative 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 im- ported articles in the principal markets of the United States. (e) Definitions When used in this subdivision and in subdivi- sion (d)— (1) The term ‘‘article’’ includes any com- modity, whether grown, produced, fabricated, manipulated, or manufactured; (2) The term ‘‘import cost’’ means the trans- action value of the imported merchandise de- termined in accordance with section 1401a(b) of this title plus, when not included in the transaction value, all necessary expenses, ex- clusive of customs duties, of bringing such merchandise to the United States. (f) Omitted (g) Reports to President and Congress The commission shall put at the disposal of the President of the United States, the Com- mittee on Ways and Means of the House of Rep- resentatives, and the Committee on Finance of the Senate, whenever requested, all information at its command, and shall make such investiga- tions and reports as may be requested by the President or by either of said committees or by either branch of the Congress. However, the Commission may not release information which the Commission considers to be confidential business information unless the party submit- ting the confidential business information had notice, at the time of submission, that such in- formation would be released by the Commission, or such party subsequently consents to the re- lease of the information. The Commission shall report to Congress on the first Monday of De- cember of each year after June 17, 1930, a state- ment of the methods adopted and all expenses incurred, a summary of all reports made during the year, and a list of all votes taken by the commission during the year, showing those com- missioners voting in the affirmative and the negative on each vote and those commissioners not voting on each vote and the reasons for not voting. Each such annual report shall include a list of all complaints filed under section 1337 of this title during the year for which such report is being made, the date on which each such com- plaint was filed, and the action taken thereon, and the status of all investigations conducted by the commission under such section during such year and the date on which each such investiga- tion was commenced. (June 17, 1930, ch. 497, title III, § 332, 46 Stat. 698; Pub. L. 93–618, title I, § 173, title III, § 341(b), Jan. 3, 1975, 88 Stat. 2010, 2056; Pub. L. 96–39, title II, § 202(a)(1), July 26, 1979, 93 Stat. 201; Pub. L. 100–418, title I, § 1613, Aug. 23, 1988, 102 Stat. 1262; Pub. L. 100–647, title IX, § 9001(a)(16), Nov. 10, 1988, 102 Stat. 3808.) Editorial Notes CODIFICATION Subsec. (f) directed the Tariff Commission to ascer- tain the cost of crude petroleum during three years pre- ceding 1930. PRIOR PROVISIONS Provisions similar to subsecs. (a), (b), and (g) were contained in act Sept. 8, 1916, ch. 463, §§ 702 to 704, 39 Stat. 796. Those sections were superseded by section 332 of act June 17, 1930, comprising this section. Page 110 TITLE 19—CUSTOMS DUTIES § 1332 Provisions similar to those in subdiv. (c) were con- tained in act Sept. 8, 1916, ch. 463, § 708, 39 Stat. 798. That section was superseded by section 332 of act June 17, 1930, comprising this section. Provisions similar to subdivs. (d) and (e) were con- tained in act Sept. 21, 1922, ch. 356, title III, § 318, 42 Stat. 947. Section 318 of act 1922 was superseded by sec- tion 332 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of said 1930 act. Act Oct. 3, 1913, ch. 16, § IV, R, 38 Stat. 201, directed President to ascertain certain facts and report to Con- gress when imports amounted to less than 5 per centum of domestic consumption, prior to repeal by act Sept. 21, 1922, ch. 356, title III, § 321, 42 Stat. 947. AMENDMENTS 1988—Subsec. (g). Pub. L. 100–647 substituted ‘‘report to Congress on the first’’ for ‘‘report to Congress. on the first’’. Pub. L. 100–418 substituted ‘‘. However, the Commis- sion may not release information which the Commis- sion considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the Commission, or such party subsequently consents to the release of the information. The Commission shall report to Con- gress.’’ for ‘‘, and shall report to Congress’’. 1979—Subsec. (e)(2). Pub. L. 96–39 substituted ‘‘the transaction value of the imported merchandise deter- mined in accordance with section 1401a(b) of this title plus, when not included in the transaction value, all necessary expenses, exclusive of customs duties, of bringing such merchandise to the United States’’ for ‘‘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’’. 1975—Subsec. (g). Pub. L. 93–618 substituted ‘‘a sum- mary of all reports made during the year, and a list of all votes taken by the commission during the year, showing those commissioners voting in the affirmative and the negative on each vote and those commissioners not voting on each vote and the reasons for not voting’’ for ‘‘and a summary of all reports made during the year’’, and inserted last sentence relating to com- plaints included in annual reports. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 58c of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective July 1, 1980, see section 204(a) of Pub. L. 96–39, set out as a note under section 1401a of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–618 effective on 90th day after Jan. 3, 1975, see section 341(c) of Pub. L. 93–618, set out as a note under section 1337 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (g) relating to an annual report to Congress on the first Monday of December of each year, see sec- tion 3003 of Pub. L. 104–66, set out as a note under sec- tion 1113 of Title 31, Money and Finance, and page 194 of House Document No. 103–7. AMERICAN MANUFACTURING COMPETITIVENESS Pub. L. 114–159, May 20, 2016, 130 Stat. 396, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘American Manufac- turing Competitiveness Act of 2016’. ‘‘SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF BILL. ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) As of the date of the enactment of this Act [May 20, 2016], the Harmonized Tariff Schedule of the United States [see Publication of Harmonized Tariff Schedule note set out under section 1202 of this title] imposes duties on imported goods for which there is no domestic availability or insufficient domestic availability. ‘‘(2) The imposition of duties on such goods creates artificial distortions in the economy of the United States that negatively affect United States manufac- turers and consumers. ‘‘(3) The manufacturing competitiveness of the United States around the world will be enhanced if Congress regularly and predictably updates the Har- monized Tariff Schedule to suspend or reduce duties on such goods. ‘‘(4) Creating and maintaining an open and trans- parent process for consideration of petitions for duty suspensions and reductions builds confidence that the process is fair, open to all, and free of abuse. ‘‘(5) Complying with the Rules of the House of Rep- resentatives and the Senate, in particular with clause 9 of rule XXI of the Rules of the House of Representa- tives and rule XLIV of the Standing Rules of the Sen- ate, is essential to fostering and maintaining con- fidence in the process for considering a miscellaneous tariff bill. ‘‘(6) A miscellaneous tariff bill developed under this process will not contain any— ‘‘(A) congressional earmarks or limited tax bene- fits within the meaning of clause 9 of rule XXI of the Rules of the House of Representatives; or ‘‘(B) congressionally directed spending items or limited tax benefits within the meaning of rule XLIV of the Standing Rules of the Senate. ‘‘(7) Because any limited tariff benefits contained in any miscellaneous tariff bill following the process set forth by this Act will not have been the subject of legislation introduced by an individual Member of Congress and will be fully vetted through a trans- parent and fair process free of abuse, it is appropriate for Congress to consider limited tariff benefits as part of that miscellaneous tariff bill as long as— ‘‘(A) in the case of a miscellaneous tariff bill con- sidered in the House of Representatives, consistent with the Rules of the House of Representatives, a list of such limited tariff benefits is published in the reports of the Committee on Ways and Means of the House of Representatives accompanying the miscellaneous tariff bill, or in the Congressional Record; and ‘‘(B) in the case of a miscellaneous tariff bill con- sidered in the Senate, consistent with the Standing Rules of the Senate— ‘‘(i) such limited tariff benefits have been iden- tified through lists, charts, or other similar means; and ‘‘(ii) the information identified in clause (i) has been available on a publicly accessible congres- sional website in a searchable format at least 48 hours before the vote on the motion to proceed to the miscellaneous tariff bill or the vote on the adoption of a report of a committee of conference in connection with the miscellaneous tariff bill, as the case may be. ‘‘(8) When the process set forth under paragraph (7) is followed, it is consistent with the letter and intent of the Rules of the House of Representatives and the Senate and other related guidance. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that, to remove the competitive disadvantage to United States manufacturers and consumers and to promote Page 111 TITLE 19—CUSTOMS DUTIES § 1332 the competitiveness of United States manufacturers, Congress should, not later than 90 days after the United States International Trade Commission issues a final report on petitions for duty suspensions and reductions under section 3(b)(3)(E), consider a miscellaneous tariff bill. ‘‘SEC. 3. PROCESS FOR CONSIDERATION OF PETI- TIONS FOR DUTY SUSPENSIONS AND REDUC- TIONS. ‘‘(a) PURPOSE.—It is the purpose of this section to es- tablish a process for the submission and consideration of petitions for duty suspensions and reductions. ‘‘(b) REQUIREMENTS OF COMMISSION.— ‘‘(1) INITIATION.—Not later than October 15, 2016, and October 15, 2019, the Commission shall publish in the Federal Register and on a publicly available Internet website of the Commission a notice request- ing members of the public who can demonstrate that they are likely beneficiaries of duty suspensions or reductions to submit to the Commission during the 60-day period beginning on the date of such publica- tion— ‘‘(A) petitions for duty suspensions and reduc- tions; and ‘‘(B) Commission disclosure forms with respect to such duty suspensions and reductions. ‘‘(2) CONTENT OF PETITIONS.—Each petition for a duty suspension or reduction under paragraph (1)(A) shall include the following information: ‘‘(A) The name and address of the petitioner. ‘‘(B) A statement as to whether the petition pro- vides for an extension of an existing duty suspen- sion or reduction or provides for a new duty suspen- sion or reduction. ‘‘(C) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or re- duction. ‘‘(D) An article description for the proposed duty suspension or reduction to be included in the amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States. ‘‘(E) To the extent available— ‘‘(i) a classification of the article for purposes of the amendment to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States; ‘‘(ii) a classification ruling of U.S. Customs and Border Protection with respect to the article; and ‘‘(iii) a copy of a U.S. Customs and Border Pro- tection entry summary indicating where the arti- cle is classified in the Harmonized Tariff Sched- ule of the United States. ‘‘(F) A brief and general description of the article. ‘‘(G) A brief description of the industry in the United States that uses the article. ‘‘(H) An estimate of the total value, in United States dollars, of imports of the article for each of the 5 calendar years after the calendar year in which the petition is filed, including an estimate of the total value of such imports by the person who submits the petition and by any other importers, if available. ‘‘(I) The name of each person that imports the ar- ticle, if available. ‘‘(J) A description of any domestic production of the article, if available. ‘‘(K) Such other information as the Commission may require. ‘‘(3) REVIEW.— ‘‘(A) COMMISSION PUBLICATION AND PUBLIC AVAIL- ABILITY.—As soon as practicable after the expira- tion of the 60-day period specified in paragraph (1), but in any case not later than 30 days after the ex- piration of such 60-day period, the Commission shall publish on a publicly available Internet website of the Commission— ‘‘(i) the petitions for duty suspensions and re- ductions submitted under paragraph (1)(A) that contain the information required under paragraph (2); and ‘‘(ii) the Commission disclosure forms with re- spect to such duty suspensions and reductions submitted under paragraph (1)(B). ‘‘(B) PUBLIC COMMENT.— ‘‘(i) IN GENERAL.—The Commission shall publish in the Federal Register and on a publicly avail- able Internet website of the Commission a notice requesting members of the public to submit to the Commission during the 45-day period begin- ning on the date of publication described in sub- paragraph (A) comments on— ‘‘(I) the petitions for duty suspensions and re- ductions published by the Commission under subparagraph (A)(i); and ‘‘(II) the Commission disclosure forms with respect to such duty suspensions and reductions published by the Commission under subpara- graph (A)(ii). ‘‘(ii) PUBLICATION OF COMMENTS.—The Commis- sion shall publish a notice in the Federal Register directing members of the public to a publicly available Internet website of the Commission to view the comments of the members of the public received under clause (i). ‘‘(C) PRELIMINARY REPORT.— ‘‘(i) IN GENERAL.—As soon as practicable after the expiration of the 120-day period beginning on the date of publication described in subparagraph (A), but in any case not later than 30 days after the expiration of such 120-day period, the Com- mission shall submit to the appropriate congres- sional committees a preliminary report on the pe- titions for duty suspensions and reductions sub- mitted under paragraph (1)(A). The preliminary report shall contain the following information with respect to each petition for a duty suspen- sion or reduction: ‘‘(I) The heading or subheading of the Har- monized Tariff Schedule of the United States in which each article that is the subject of the pe- tition for the duty suspension or reduction is classified, as identified by documentation sup- plied to the Commission, and any supporting in- formation obtained by the Commission. ‘‘(II) A determination of whether or not do- mestic production of the article that is the sub- ject of the petition for the duty suspension or reduction exists, taking into account the report of the Secretary of Commerce under subsection (c)(1), and, if such production exists, whether or not a domestic producer of the article objects to the duty suspension or reduction. ‘‘(III) Any technical changes to the article de- scription of the article that is the subject of the petition for the duty suspension or reduction that are necessary for purposes of administra- tion when the article is presented for importa- tion, taking into account the report of the Sec- retary of Commerce under subsection (c)(2). ‘‘(IV) An estimate of the amount of loss in revenue to the United States that would no longer be collected if the duty suspension or re- duction takes effect. ‘‘(V) A determination of whether or not the duty suspension or reduction is available to any person that imports the article that is the sub- ject of the duty suspension or reduction. ‘‘(VI) The likely beneficiaries of each duty suspension or reduction, including whether the petitioner is a likely beneficiary. ‘‘(ii) CATEGORIES OF INFORMATION.—The prelimi- nary report submitted under clause (i) shall also contain the following information: ‘‘(I) A list of petitions for duty suspensions and reductions that meet the requirements of this Act without modifications. ‘‘(II) A list of petitions for duty suspensions and reductions for which the Commission rec- ommends technical corrections in order to meet the requirements of this Act, with the correc- tion specified. Page 112 TITLE 19—CUSTOMS DUTIES § 1332 ‘‘(III) A list of petitions for duty suspensions and reductions for which the Commission rec- ommends modifications to the amount of the duty suspension or reduction that is the subject of the petition to comply with the requirements of this Act, with the modification specified. ‘‘(IV) A list of petitions for duty suspensions and reductions for which the Commission rec- ommends modifications to the scope of the arti- cles that are the subject of such petitions to ad- dress objections by domestic producers to such petitions, with the modifications specified. ‘‘(V) A list of the following: ‘‘(aa) Petitions for duty suspensions and re- ductions that the Commission has determined do not contain the information required under paragraph (2). ‘‘(bb) Petitions for duty suspensions and re- ductions with respect to which the Commis- sion has determined the petitioner is not a likely beneficiary. ‘‘(VI) A list of petitions for duty suspensions and reductions that the Commission does not recommend for inclusion in a miscellaneous tariff bill, other than petitions specified in sub- clause (V). ‘‘(D) ADDITIONAL INFORMATION.—The Commission shall consider any information submitted by the appropriate congressional committees to the Com- mission relating to moving a petition that is con- tained in the list referred to in subclause (VI) of subparagraph (C)(ii) of the preliminary report sub- mitted under subparagraph (C) to a list referred to in subclause (I), (II), (III), or (IV) of subparagraph (C)(ii). ‘‘(E) FINAL REPORT.—Not later than 60 days after the date on which the preliminary report is sub- mitted under subparagraph (C), the Commission shall submit to the appropriate congressional com- mittees a final report on each petition for a duty suspension or reduction specified in the prelimi- nary report. The final report shall contain with re- spect to each such petition— ‘‘(i) the information required under clauses (i) and (ii) of subparagraph (C) and updated as appro- priate under subparagraph (D); and ‘‘(ii) a determination of the Commission wheth- er— ‘‘(I) the duty suspension or reduction can likely be administered by U.S. Customs and Border Protection; ‘‘(II) the estimated loss in revenue to the United States from the duty suspension or re- duction does not exceed $500,000 in a calendar year during which the duty suspension or reduc- tion would be in effect; and ‘‘(III) the duty suspension or reduction is available to any person importing the article that is the subject of the duty suspension or re- duction. ‘‘(F) EXCLUSIONS.—The appropriate congressional committees may exclude from a miscellaneous tar- iff bill any petition for a duty suspension or reduc- tion that— ‘‘(i) is contained in any list referred to in sub- clause (I), (II), (III), or (IV) of subparagraph (C)(ii), as updated as appropriate under subpara- graph (E)(i); ‘‘(ii) is the subject of an objection from a Mem- ber of Congress; or ‘‘(iii) is for an article for which there is domes- tic production. ‘‘(G) ESTIMATES BY THE CONGRESSIONAL BUDGET OF- FICE.—For purposes of reflecting the estimate of the Congressional Budget Office, the appropriate con- gressional committees shall adjust the amount of a duty suspension or reduction in a miscellaneous tariff bill only to assure that the estimated loss in revenue to the United States from that duty sus- pension or reduction, as estimated by the Congres- sional Budget Office, does not exceed $500,000 in a calendar year during which the duty suspension or reduction would be in effect. ‘‘(H) PROHIBITIONS.—Any petitions for duty sus- pensions or reductions that are contained in any list referred to in subclause (V) or (VI) of subpara- graph (C)(ii), as updated as appropriate under sub- paragraph (E)(i), or have not otherwise undergone the processes required by this Act shall not be in- cluded in a miscellaneous tariff bill. ‘‘(4) CONFIDENTIAL BUSINESS INFORMATION.—The pro- cedures concerning the release of confidential busi- ness information set forth in section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) shall apply with respect to information received by the Commission in posting petitions on a publicly available website of the Commission and in preparing reports under this subsection. ‘‘(5) PROCEDURES.—The Commission shall prescribe and publish in the Federal Register and on a publicly available Internet website of the Commission proce- dures to be complied with by members of the public submitting petitions for duty suspensions and reduc- tions under subsection (b)(1)(A). ‘‘(c) DEPARTMENT OF COMMERCE REPORT.—Not later than the end of the 90-day period beginning on the date of publication of the petitions for duty suspensions and reductions under subsection (b)(3)(A), the Secretary of Commerce, in consultation with U.S. Customs and Bor- der Protection and other relevant Federal agencies, shall submit to the Commission and the appropriate congressional committees a report on each petition for a duty suspension or reduction submitted under sub- section (b)(1)(A) that includes the following informa- tion: ‘‘(1) A determination of whether or not domestic production of the article that is the subject of the pe- tition for the duty suspension or reduction exists and, if such production exists, whether or not a do- mestic producer of the article objects to the petition for the duty suspension or reduction. ‘‘(2) Any technical changes to the article descrip- tion that are necessary for purposes of administra- tion when articles are presented for importation. ‘‘SEC. 4. REPORT ON EFFECTS OF DUTY SUSPEN- SIONS AND REDUCTIONS ON UNITED STATES ECONOMY. ‘‘(a) IN GENERAL.—Not later than 12 months after the date of the enactment of a miscellaneous tariff bill, the Commission shall submit to the appropriate congres- sional committees a report on the effects on the United States economy of duty suspensions and reductions en- acted pursuant to this Act, including a broad assess- ment of the economic effects of such duty suspensions and reductions on producers, purchasers, and con- sumers in the United States, using case studies describ- ing such effects on selected industries or by type of ar- ticle as available data permit. ‘‘(b) RECOMMENDATIONS.—The Commission shall also solicit and append to the report required under sub- section (a) recommendations with respect to those do- mestic industry sectors or specific domestic industries that might benefit from permanent duty suspensions and reductions, either through a unilateral action of the United States or though [sic] negotiations for re- ciprocal tariff agreements, with a particular focus on inequities created by tariff inversions. ‘‘(c) FORM OF REPORT.—Each report required by this section shall be submitted in unclassified form, but may include a classified annex. ‘‘SEC. 5. PUBLICATION OF LIMITED TARIFF BENE- FITS IN THE HOUSE OF REPRESENTATIVES AND THE SENATE. ‘‘(a) HOUSE OF REPRESENTATIVES.— ‘‘(1) IN GENERAL.—The chair of the Committee on Ways and Means of the House of Representatives shall include a list of limited tariff benefits contained in a miscellaneous tariff bill in the report to accom- pany such a bill or, in a case where a miscellaneous Page 113 TITLE 19—CUSTOMS DUTIES § 1332 tariff bill is not reported by the committee, shall cause such a list to be printed in the appropriate sec- tion of the Congressional Record. ‘‘(2) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this subsection and consistent with clause 9 of rule XXI of the Rules of the House of Representatives, as in effect during the One Hundred Fourteenth Con- gress, the term ‘limited tariff benefit’ means a provi- sion modifying the Harmonized Tariff Schedule of the United States [see Publication of Harmonized Tariff Schedule note set out under section 1202 of this title] in a manner that benefits 10 or fewer entities. ‘‘(b) SENATE.— ‘‘(1) IN GENERAL.—The chairman of the Committee on Finance of the Senate, the Majority Leader of the Senate, or the designee of the Majority Leader of the Senate, shall provide for the publication in the Con- gressional Record of a certification that— ‘‘(A) each limited tariff benefit contained in a miscellaneous tariff bill considered in the Senate has been identified through lists, charts, or other similar means; and ‘‘(B) the information identified in subparagraph (A) has been available on a publicly accessible con- gressional website in a searchable format at least 48 hours before the vote on the motion to proceed to the miscellaneous tariff bill or the vote on the adoption of a report of a committee of conference in connection with the miscellaneous tariff bill, as the case may be. ‘‘(2) SATISFACTION OF SENATE RULES.—Publication of a certification in the Congressional Record under paragraph (1) satisfies the certification requirements of paragraphs 1(a), 2(a), and 3(a) of rule XLIV of the Standing Rules of the Senate. ‘‘(3) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this subsection and consistent with rule XLIV of the Standing Rules of the Senate, as in effect during the One Hundred Fourteenth Congress, the term ‘lim- ited tariff benefit’ means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities. ‘‘(c) ENACTMENT AS EXERCISE OF RULEMAKING POWER OF HOUSE OF REPRESENTATIVES AND SENATE.—This sec- tion is enacted by Congress— ‘‘(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respec- tively, and as such are deemed a part of the rules of each House, respectively, and such procedures super- sede other rules only to the extent that they are in- consistent with such other rules; and ‘‘(2) with full recognition of the constitutional right of either House to change the rules (so far as re- lating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ‘‘SEC. 6. JUDICIAL REVIEW PRECLUDED. ‘‘The exercise of functions under this Act shall not be subject to judicial review. ‘‘SEC. 7. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. ‘‘(2) COMMISSION.—The term ‘Commission’ means the United States International Trade Commission. ‘‘(3) COMMISSION DISCLOSURE FORM.—The term ‘Com- mission disclosure form’ means, with respect to a pe- tition for a duty suspension or reduction, a document submitted by a petitioner to the Commission that contains the following: ‘‘(A) The contact information for any known im- porters of the article to which the proposed duty suspension or reduction would apply. ‘‘(B) A certification by the petitioner that the proposed duty suspension or reduction is available to any person importing the article to which the proposed duty suspension or reduction would apply. ‘‘(C) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or re- duction. ‘‘(4) DOMESTIC PRODUCER.—The term ‘domestic pro- ducer’ means a person that demonstrates production, or imminent production, in the United States of an article that is identical to, or like or directly com- petitive with, an article to which a petition for a duty suspension or reduction would apply. ‘‘(5) DOMESTIC PRODUCTION.—The term ‘domestic production’ means the production of an article that is identical to, or like or directly competitive with, an article to which a petition for a duty suspension or reduction would apply, for which a domestic producer has demonstrated production, or imminent produc- tion, in the United States. ‘‘(6) DUTY SUSPENSION OR REDUCTION.—The term ‘duty suspension or reduction’ refers to an amend- ment to subchapter II of chapter 99 of the Har- monized Tariff Schedule of the United States for a period not to exceed 3 years that— ‘‘(A) extends an existing temporary duty suspen- sion or reduction on an article under that sub- chapter; or ‘‘(B) provides for a new temporary duty suspen- sion or reduction on an article under that sub- chapter. ‘‘(7) LIKELY BENEFICIARY.—The term ‘likely bene- ficiary’ means an individual or entity likely to uti- lize, or benefit directly from the utilization of, an ar- ticle that is the subject of a petition for a duty sus- pension or reduction. ‘‘(8) MEMBER OF CONGRESS.—The term ‘Member of Congress’ means a Senator or Representative in, or Delegate or Resident Commissioner to, Congress. ‘‘(9) MISCELLANEOUS TARIFF BILL.—The term ‘mis- cellaneous tariff bill’ means a bill of either House of Congress that contains only duty suspensions and re- ductions and related technical corrections that— ‘‘(A) are included in the final report of the Com- mission submitted to the appropriate congressional committees under section 3(b)(3)(E), except for— ‘‘(i) petitions for duty suspensions or reductions that the Commission has determined do not con- tain the information required under section 3(b)(2); ‘‘(ii) petitions for duty suspensions and reduc- tions with respect to which the Commission has determined the petitioner is not a likely bene- ficiary; and ‘‘(iii) petitions for duty suspensions and reduc- tions that the Commission does not recommend for inclusion in the miscellaneous tariff bill; ‘‘(B) are not excluded under section 3(b)(3)(F); and ‘‘(C) otherwise meet the applicable requirements of this Act.’’ CONTINUATION OF REPORTS WITH RESPECT TO SYNTHETIC ORGANIC CHEMICALS Pub. L. 95–106, § 5, Aug. 17, 1977, 91 Stat. 869, directed International Trade Commission to make, for each cal- endar year ending before Jan. 1, 1981, reports with re- spect to synthetic organic chemicals similar in scope to reports made with respect to such chemicals for cal- endar year 1976. REVIEW OF CUSTOMS TARIFF SCHEDULES Act Sept. 1, 1954, ch. 1213, title I, § 101, 68 Stat. 1136, as amended Aug. 2, 1956, ch. 894, 70 Stat. 955; May 19, 1958, Pub. L. 85–418, § 3, 72 Stat. 120, provided for a com- plete study by the Tariff Commission for the purpose of clarifying and simplifying the tariff classification, with a report to go to the President and to the chairmen of the appropriate committees of Congress no later than Jan. 1, 1959. See section 1332 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (g) of this sec- tion regarding reports by United States International Page 114 TITLE 19—CUSTOMS DUTIES § 1332a 1 See References in Text note below. Trade Commission to President delegated to United States Trade Representative, see section 5–301 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section 2901 of this title. § 1332a. Importation of red cedar shingles (a) Investigation by Commission The United States International Trade Com- mission is directed to conduct an investigation as soon as practicable after the close of the cal- endar year 1939 and each calendar year there- after, for the purpose of ascertaining the quan- tities of red cedar shingles shipped by producers in the United States and the quantities of im- ported red cedar shingles entered for consump- tion, or withdrawn from warehouse for consump- tion, during each of the three calendar years im- mediately preceding any such investigation. (b) Duty on imported shingles; amount If the Commission finds, on the basis of an in- vestigation under subdivision (a) of this section, that in any calendar year after 1938 the quantity of imported red cedar shingles entered for con- sumption, or withdrawn from warehouse for con- sumption, was in excess of 30 per centum of the combined total for such year of the respective quantities ascertained in such investigation, it shall so report to the President. If the President approves the report of the Commission, he shall so proclaim, and on and after the day following the filing of such proclamation with the Divi- sion of the Federal Register and so long as any trade agreement entered into under the author- ity of section 1351 of this title, shall be in effect with respect to the importation into the United States of red cedar shingles, there shall be a duty upon imported red cedar shingles entered for consumption, or withdrawn from warehouse for consumption, in any calendar year in excess of 30 per centum of the annual average for the preceding three calendar years of the combined total of the quantity of such shingles shipped by producers in the United States and of the quan- tity of such imported shingles entered for con- sumption, or withdrawn from warehouse for con- sumption. The rate of such duty shall be 25 cents per square. Any duty imposed under this section shall be treated for the purposes of all provi- sions of law relating to customs revenue as a duty imposed by section 1001 1 of this title, and shall not apply to shingles entered for consump- tion before the duty becomes applicable. (c) Exemptions from duty The quantity of red cedar shingles entitled to exemption from any duty imposed pursuant to this section shall be ascertained for each quota period by the Commission and reported to the Secretary of the Treasury. (July 1, 1940, ch. 499, 54 Stat. 708; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.) Editorial Notes REFERENCES IN TEXT Section 1001 of this title, referred to in subsec. (b), was struck out by Pub. L. 87–456, title I, § 101(a), May 24, 1962, 76 Stat. 72. CODIFICATION Section was not enacted as a part of the Tariff Act of 1930 which comprises this chapter. AMENDMENTS 1975—Subsec. (a). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’. § 1333. Testimony and production of papers (a) Authority to obtain information For the purposes of carrying out its functions and duties in connection with any investigation authorized by law, the commission or its duly authorized agent or agents (1) shall have access to and the right to copy any document, paper, or record, pertinent to the subject matter under in- vestigation, in the possession of any person, firm, copartnership, corporation, or association engaged in the production, importation, or dis- tribution of any article under investigation, (2) may summon witnesses, take testimony, and ad- minister oaths, (3) may require any person, firm, copartnership, corporation, or association to produce books or papers relating to any matter pertaining to such investigation, and (4) may re- quire any person, firm, copartnership, corpora- tion, or association, to furnish in writing, in such detail and in such form as the commission may prescribe, information in their possession pertaining to such investigation. Any member of the commission may sign subpenas, and mem- bers and agents of the commission, when au- thorized by the commission, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence. (b) Witnesses and evidence Such attendance of witnesses and the produc- tion of such documentary evidence may be re- quired from any place in the United States at any designated place of hearing. And in case of disobedience to a subpena the commission may invoke the aid of any district or territorial court of the United States in requiring the at- tendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which such in- quiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any corpora- tion or other person, issue an order requiring such corporation or other person to appear be- fore the commission, or to produce documentary evidence if so ordered or to give evidence touch- ing the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Mandamus At the request of the commission, any such court shall have jurisdiction to issue writs of mandamus commanding compliance with the provisions of this part or any order of the com- mission made in pursuance thereof. (d) Depositions The commission may order testimony to be taken by deposition in any proceeding or inves- tigation pending before the commission at any stage of such proceeding or investigation. Such depositions may be taken before any person des- ignated by the commission and having power to