19 U.S.C. § 1333 — Testimony and production of papers

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by producers in the United States and the quantities of im- ported red cedar shingles entered for consump- tion, or withdrawn from warehouse for consump- tion, during each of the three calendar years im- mediately preceding any such investigation.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section, that in any calendar year after 1938 the quantity of imported red cedar shingles entered for con- sumption, or withdrawn from warehouse for con- sumption, was in excess of 30 per centum of the combined total for such year of the respective quantities ascertained in such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United States of red cedar shingles, there shall be a duty upon imported red cedar shingles entered for consumption, or withdrawn from warehouse for consumption, in any calendar year in excess of 30 per centum of the annual average for the preceding three calendar years of the combined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shipped by producers in the United States and of the quan- tity of such imported shingles entered for con- sumption, or withdrawn from warehouse for con- sumption.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 Page 115 TITLE 19—CUSTOMS DUTIES § 1334 administer oaths. Such testimony shall be re- duced to writing by the person taking the depo- sition, or under his direction, and shall then be subscribed by the deponent. Any person, firm, copartnership, corporation, or association, may be compelled to appear and depose and to produce documentary evidence in the same man- ner as witnesses may be compelled to appear and testify and produce documentary evidence be- fore the commission, as hereinbefore provided. (e) Fees and mileage of witnesses Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same, except employees of the commission, shall severally be entitled to the same fees and mileage as are paid for like services in the courts of the United States. (f) Statements under oath The commission is authorized, in order to as- certain any facts required by subdivision (d) of section 1332 of this title to require any importer and any American grower, producer, manufac- turer, or seller to file with the commission a statement, under oath, giving his selling prices in the United States of any article imported, grown, produced, fabricated, manipulated, or manufactured by him. (g) Representation in court proceedings The Commission shall be represented in all ju- dicial proceedings by attorneys who are employ- ees of the Commission or, at the request of the Commission, by the Attorney General of the United States. (h) Administrative protective orders Any correspondence, private letters of rep- rimand, and other documents and files relating to violations or possible violations of adminis- trative protective orders issued by the Commis- sion in connection with investigations or other proceedings under this subtitle shall be treated as information described in section 552(b)(3) of title 5. (June 17, 1930, ch. 497, title III, § 333, 46 Stat. 699; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Pub. L. 85–686, § 9(a), (b), Aug. 20, 1958, 72 Stat. 679; Pub. L. 91–452, title II, § 229, Oct. 15, 1970, 84 Stat. 930; Pub. L. 93–618, title I, § 174, Jan. 3, 1975, 88 Stat. 2011; Pub. L. 101–382, title I, § 135(a), Aug. 20, 1990, 104 Stat. 651.) Editorial Notes CODIFICATION As originally enacted subsec. (b) contained a ref- erence to the Supreme Court of the District of Colum- bia. Act June 25, 1936, substituted ‘‘the district court of the United States for the District of Columbia’’ for ‘‘the Supreme Court of the District of Columbia’’, and act June 25, 1948, as amended by act May 24, 1949, sub- stituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. However, the words ‘‘United States District Court for the District of Co- lumbia’’ have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district’’, and section 88 of Title 28 which states that ‘‘the District of Columbia constitutes one judicial district’’. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 8, 1916, ch. 463, § 706, 39 Stat. 797, as amended by act Sept. 21, 1922, ch. 356, title III, § 318(f), 42 Stat. 947. These acts were superseded by section 333 of act June 17, 1930, comprising this section, and sec- tion 318(f) of the 1922 act was repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1990—Subsec. (h). Pub. L. 101–382 added subsec. (h). 1975—Subsec. (c). Pub. L. 93–618, § 174(1), substituted ‘‘At the request of’’ for ‘‘Upon application of the Attor- ney General of the United States, at the request of’’. Subsec. (g). Pub. L. 93–618, § 174(2), added subsec. (g). 1970—Subsec. (e). Pub. L. 91–452 struck out provisions relating to the immunity from prosecution of any nat- ural person compelled to testify or produce evidence in obedience to the subpoena of the commission. 1958—Subsec. (a). Pub. L. 85–686, § 9(a), substituted ‘‘For the purposes of carrying out its functions and du- ties in connection with any investigation authorized by law’’ for ‘‘For the purposes of carrying Part II of this subtitle into effect’’, inserted provisions empowering the commission to require any person, firm, copartner- ship, corporation, or association to furnish in writing, in such detail and in such form as the commission may prescribe, information in their possession pertaining to an investigation. Subsec. (d). Pub. L. 85–686, § 9(b), substituted ‘‘pending before the commission’’ for ‘‘pending under Part II of this subtitle’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. § 1334. Cooperation with other agencies The commission shall in appropriate matters act in conjunction and cooperation with the Treasury Department, the Department of Com- merce, the Federal Trade Commission, or any other departments, or independent establish- ments of the Government, and such departments and independent establishments of the Govern- ment shall cooperate fully with the commission for the purposes of aiding and assisting in its work, and, when directed by the President, shall furnish to the commission, on its request, all records, papers, and information in their posses- sion relating to any of the subjects of investiga- tion by the commission and shall detail, from time to time, such officials and employees to said commission as he may direct. (June 17, 1930, ch. 497, title III, § 334, 46 Stat. 700.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 8, 1916, ch. 463, § 707, 39 Stat. 797.