19 U.S.C. § 1334 — Cooperation with other agencies

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 Editorial Notes CODIFICATION As originally enacted subsec.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. Page 116 TITLE 19—CUSTOMS DUTIES § 1335 That section was superseded by section 334 of act June 17, 1930, comprising this section. Executive Documents TRANSFER OF FUNCTIONS Executive and administrative functions of Federal Trade Commission transferred, with certain reserva- tions, to Chairman of such Commission by Reorg. Plan No. 8 of 1950, § 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title 5, Government Or- ganization and Employees. § 1335. Rules and regulations The commission is authorized to adopt such reasonable procedures and rules and regulations as it deems necessary to carry out its functions and duties. (June 17, 1930, ch. 497, title III, § 335, as added Pub. L. 85–686, § 9(c)(2), Aug. 20, 1958, 72 Stat. 680.) Editorial Notes PRIOR PROVISIONS A prior section 335 of act June 17, 1930, related to dis- closure of trade secrets and prescribed penalty therefor, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 1905 of Title 18, Crimes and Criminal Procedure. § 1336. Equalization of costs of production (a) Change of classification or duties In order to put into force and effect the policy of Congress by this chapter intended, the com- mission (1) upon request of the President, or (2) upon resolution of either or both Houses of Con- gress, or (3) upon its own motion, or (4) when in the judgment of the commission there is good and sufficient reason therefor, upon application of any interested party, shall investigate the differences in the costs of production of any do- mestic article and of any like or similar foreign article. In the course of the investigation the commission shall hold hearings and give reason- able public notice thereof, and shall afford rea- sonable opportunity for parties interested to be present, to produce evidence, and to be heard at such hearings. The commission shall report to the President the results of the investigation and its findings with respect to such differences in costs of production. If the commission finds it shown by the investigation that the duties ex- pressly fixed by statute do not equalize the dif- ferences in the costs of production of the domes- tic article and the like or similar foreign article when produced in the principal competing coun- try, the commission shall specify in its report such increases or decreases in rates of duty ex- pressly fixed by statute (including any nec- essary change in classification) as it finds shown by the investigation to be necessary to equalize such differences. In no case shall the total in- crease or decrease of such rates of duty exceed 50 per centum of the rates expressly fixed by statute. (b) Repealed. Pub. L. 96–39, title II, § 202(a)(2)(A), July 26, 1979, 93 Stat. 202 (c) Proclamation by the President The President shall by proclamation approve the rates of duty and changes in classification specified in any report of the commission under this section, if in his judgment such rates of duty and changes are shown by such investiga- tion of the commission to be necessary to equal- ize such differences in costs of production. (d) Effective date of rates and changes Commencing thirty days after the date of any presidential proclamation of approval the in- creased or decreased rates of duty and changes in classification specified in the report of the commission shall take effect. (e) Ascertainment of differences in costs of pro- duction In ascertaining under this section the dif- ferences in costs of production, the commission shall take into consideration, in so far as it finds it practicable: (1) In the case of a domestic article (A) The cost of production as hereinafter in this section defined; (B) transportation costs and other costs incident to delivery to the principal market or markets of the United States for the article; and (C) other relevant factors that constitute an advantage or dis- advantage in competition. (2) In the case of a foreign article (A) The cost of production as hereinafter in this section defined, or, if the commission finds that such cost is not readily ascertain- able, the commission may accept as evidence thereof, or as supplemental thereto, the weighted average of the invoice prices or val- ues for a representative period and/or the aver- age wholesale selling price for a representative period (which price shall be that at which the article is freely offered for sale to all pur- chasers in the principal market or markets of the principal competing country or countries in the ordinary course of trade and in the usual wholesale quantities in such market or markets); (B) transportation costs and other costs incident to delivery to the principal market or markets of the United States for the article; (C) other relevant factors that constitute an advantage or disadvantage in competition, including advantages granted to the foreign producers by a government, per- son, partnership, corporation, or association in a foreign country. (f) Modification of changes in duty Any increased or decreased rate of duty or change in classification which has taken effect as above provided may be modified or termi- nated in the same manner and subject to the same conditions and limitations (including time of taking effect) as is provided in this section in the case of original increases, decreases, or changes. (g) Prohibition against transfers from the free list to the dutiable list or from the dutiable list to the free list Nothing in this section shall be construed to authorize a transfer of an article from the duti- able list to the free list or from the free list to the dutiable list, nor a change in form of duty. Whenever it is provided in any paragraph of Subtitle I of this chapter, or in any amendatory