Full text of Emergency Tariff Act

View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

SIXTY-SEVENTH CONGRESS.

SESS. I.

CHS. 12-14. 1921.

SEC. 6. That no right shall accrue to any Government, person, or

Right

CHAP. 13.-An Act To amend the Act entitled "An Act to establish a code of
law for the District of Columbia, approved March 3, 1901," and the Acts amendatory
thereof and supplementary thereto.

[H.

corporation under the terms of this Act that may not be rescinded,
changed, modified, or amended by the Congress.
Approved, May 27, 1921.

to rescind,

.1921.

[Public, No. 9.1

Be it enacted by the Senate and House of Representatives of the

United States of America in

Congress assembled, That the Act to CDstctof Columbia

establish a code of law for the District of Columbia, approved March vol. 3, p. 554,
3, 1901, and the Acts amendatory thereof and supplementary thereto, amended.
constituting the code of law for the District of Columbia, be, and
the same are hereby, amended as follows:
Strike out section 833a and insert in lieu thereof:
"SEC. 833a. Whoever, being in possession of personal property
received upon a written and conditional contract of sale, with intent

Fraondlent disposal
quired personal prop

to defraud, sells, conveys, conceals, or aids in concealing the same, ' ty'
or removes the same from the District of Columbia without the consent of the vendor, before performance of the conditions precedent
to acquiring the title thereto, shall be punished by a fine of not more fied.
than $100, or by imprisonment for not more than ninety days."
Approved, May 27, 1921.

CHAP. 14.-An Act Imposing temporary duties upon certain agricultural prod-

ucts to meet present emergencies, and to provide revenue; to regulate commerce with

mo-

May 27, 1921.
[H. R. 2435.1

[Public, No. 10.]

foreign countries; to prevent dumping of foreign merchandise on the markets of the
United States; to regulate the value of foreign money; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
TrrLE I.
EMERGENCY TARIFF.

That on and after the day following the passage of this Act, for the

nmergemcy Tariff
Act.
Post, pp. 220, 990.
Dmotiesond fo at

period of six months, there shall be levied, collected, and paid upon imports.
the following articles, when imported from any foreign country into
the United States or into any of its possessions (except the Philippine ed
Islands, the Virgin Islands, and the islands of Guam and Tutuila), the
rates of duty which are prescribed by this section, namely:
1. Wheat, 35 cents per bushel.
Wheat.
2. Wheat flour and semolina, 20 per centum ad valorem.
heat
3. Flaxseed, 30 cents per bushel of fifty-six pounds.

8. Onions, 40 cents per bushel of fifty-seven pounds.
9. Rice, cleaned, 2 cents per pound, except rice cleaned for use in
the manufacture of canned foods, on which the rate of duty shall be
1 cent per pound; uncleaned rice, or rice free of the outer hull and

eept-

flour

s'axseed.
Corn.
Beas
33.

4. Corn or maize, 15 cents per bushel of fifty-six pounds.
5. Beans, provided for in paragraph 197 of the Act entitled "An
Act to reduce tariff duties and to provide revenue for the Government, and for other purposes," approved October 3, 1913, 2 cents per
pound.
6. Peanuts or ground beans, 3 cents per pound.
Peanuts.
7. Potatoes, 25 cents per bushel of sixty pounds.

Potatoes.

onons.
Rie.

and

SIXTY-SEVENTH CONGRESS.

10
flr,

ken

meal,

SESS. I.

CH. 14.

1921.

cents per pound; rice flour, and
rice meal, and rice broken which will pass through a number twelve

and still having the inner cuticle on, 1

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.
L em ons
10. Lemons, 2 cents per pound.
.
11 Oils:. Peanut, 26 cents per gallon; cottonseed, coconut, and
os; Peanut, otsoya bean, 20 cents per gallon; olive, 40 cents per gallon in bulk, 50
ben, ad oivu
cents per gallon in containers of less than five gallons.
Catt le
12. Cattle, 30 per centum ad valorem.
.
13. Sheep: One year old or over, $2 per head; less than one year
sheep.
old, $1 per head.
14. Fresh or frozen beef, veal, mutton, lamb, and pork, 2 cents
Meats.
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 purBretedingve stok
poses shall be admitted free of duty.
16. Cotton having a staple of one and three-eighths inches or more
Long staple c
in length, 7 cents per pound.
17. Manufactures of which cotton of the kind provided for in paraManufactues therAdditional to pres- graph 16 is the component material of chief value, 7 cents per pound,
im addition to the rates of duty imposed thereon by existing law.
pr 13.
nVt
18. Wool, commonly known as clothing wool, including hair of
Woolexcept arpet
the camel, angora goat, and alpaca, but not such wools as are commonly known as carpet wools: Unwashed, 15 cents per pound;
Rates.
Clascation 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
Aedditiona, sorted, n the skin shall be considered as scoured wool. On wool and hair provided 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.
Advanced beyond
19. Wool and hair of the kind provided for in paragraph 18, when
advanced in any manner or by any process of manufacture beyond
a.
Paddy.

Manufactures ther

the washed or scoured condition, and manufactures of which wool

Additional

or hair of the kind provided for in paragraph 18 is the component
material of chief value, 45 cents per pound m addition to the rates
of duty imposed thereon by existing law.
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
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, 31 cents per
gallon; testing above fifty-six degrees, 7 cents per gallon; sugar

ent rates,

von'

to pres-

p..

ugars, etc.

Molpound

Drainingsningsdandnings and sugar sweepings shall be subject to duty as molasses
n gs
sweepi .
sugar, as the case may be, according to polariscopic test.
Butter.
21. Butter, and substitutes therefor, 6 cents per pound.
Cheee.
22. Cheese, and substitutes therefor, 23 per centum ad valorem.

MUCondfream.
Condsed,
uar oil.

rap.
Wrppe.

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

SIXTY-SEVENTH CONGRESS.

SESS. I.

CH. 14.

1921.

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,

Filer

if unstemmed, 35 cents per pound; if stemmed, 50 cents per pound.

Clssction.

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 perpound.
3cnt
pRates

Apples.

he es

oli

in lieu of pres-

SEC. 2. The rates of duty imposed by section 1 (except under para- ent duties, except cotwool M a n -

graphs 17 and 19) in the case of articles on which a rate of duty is tinnd
imposed by existing law, shall be in lieu of such rate of duty during

the six months' period referred to in section 1.
SEC. 3. After the expiration of the six months' period referred to storedafersxmontleis

in section 1, the rates of duty upon the articles therein enumerated
shall be those, if any, imposed thereon by existing law.
SEC. 4. The duties imposed by this title shall be levied, collected,

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 ofAc

Antidumping

TITLE II.--ANTIDUMPING.

1921.

DUMPING INVESTIGATION.

tion.

SEC. 201. (a) That whenever the Secretary of the Treasury (here-

voi.38,pp.1i4-202.

Act,

Dumping investiza-

Secretary to in est'gate if imports are sol I

inafter in this Act called the "Secretary"), after such investigation at less than fair vlue,
as he deems necessary, finds that an industry in the United States is tindstr'Y. A meri c

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

Finding to be made
public.

Appraisement ofimport withheld when

or kind as to which the Secretary has not so made public a finding, pestanSepcrkebtte,
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
shall forthwith, under regulations prescribed by the Secretary, notify To await order or
the Secretary of such fact and withhold his appraisement report to fl nding 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

Tevled on all untmap-

SEC. 202. (a) That in the case of all imported merchandise, raised imports sujeerto, if price thereol
whether dutiable or free of duty, of a class or kind as to which the jess than foreign marSecretary has made public a finding as provided in section 201, and ketvalue, etc.

as to which the appraiser or person acting as appraiser has made no

SIXTY-SEVENTH CONGRESS.

SEss. I.

CH. 14.

1921.

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
Det tio
of dumping duty in an amount equal to such difference.
(b)If it is established to the satisfaction of the appraising officers
market vale if differreater qto ities of that the amount of such difference between the purchase price and
can export, than the foreign market value is wholly or partly due to the fact that the
inhome arlt,etc.
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
If difference de to

sales of greater qantieStsof gUnted
state, tn

oun
t

Purchase price.

eration to dePaid by purchaser,
including packing expenses,etc.

market value for the purposes of this section.
(C) If it is established to the satisfaction of the appraising officers
that the amount of such difference between the exporter's sales
price and the foreign market value is wholly or partly due to the
act 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.

SEC. 203. That for the purposes of this title, the purchase price

of imported merchandise shall be the price at which such merchandise 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, nd and expenses incident to placing the merchandise in condition,
shipping expenses de- packed ready for shipment to the United States, less the amount,
ucted.
f any, included in such price, attributable to any additional costs,
charges, and expenses, and United States import duties, incident to
Exbringing
the merchandise from the place of shipment in the country
etpdrtc.a,
dd
redat 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.

SIXTY-SEVENTH CONGRESS.

SE8s.

CH. 14.

1921.

EXPORTER'S SALES PRICE.

Exporter's
price.

SEC. 204. That for the purpose of this title the exporter's sales

sales

Items included in-

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

Deductions.

to the United States, less (1) the amount, if any, included in such

Unitedstatesduties,

e
price, attributable to any additional costs, charges, and expenses, enses
and United States import duties, incident to bringing the merchandise
from the place of shipment in the country of exportation to the place Sng 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 trEprtnce axpor ed.

exportation on the exportation of the merchandise to the United
States; and plus the amount of any import duties imposed by the

taxes,add

etc., of

Foreign
value.

market
arket

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.

SEC. 205. That for the purposes of this title the foreign market price in county

value of imported merchandise shall be the price, at the time of ex- whene eported, at

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 containers and coverings and all other costs, charges, and expenses

Cost ofprepri-

for

shipment added if not
included nprice

incident to placing the merchandise in condition packed ready for
shipment to the United States, except that in the case of merchandise tif odhered por to
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.

etd,
Pretended sales, etc.,
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.

Cost of production

SEC. 206. That for the purposes of this title the cost of production Elements of
of imported merchandise shall be the sum of(1) The cost of materials of, and of fabrication, manipulation, or of tmak befare

other 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-

SIXTY-SEVENTH CONGRESS.

Usual general
pe

s e s

overings,

"expens,

SEsS. I.

Cu. 14.

1921.

ticular merchandise under consideration in the usual course of
business;
ex- (2) The usual general expenses (not less than 10 per centum of
such cost) in the case of identical or substantially identical merchandise;

packing

etc.

it s
in ountriy
add
where produced.

(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.

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:
principal
(1) If such person is the agent or principal of the exporter, manufacturer, or producer; or

then deemedto be

fAget

Oganyteretinthe

(2) If such person owns or controls, directly or indirectly, through

bsiess of,etc.

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,
annGinite rest
directly or indirectly, through stock ownership or control or otherbnininteresti wise, any interest m any business conducted by such person; or
porter, and alsoof.
(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.

Delvery ofdmports
duty, unlawful.
Ante, p.11.
Unless i m po rte
makes oath that he is
not an exporter.

OATHS AND BONDS ON ENTRY.

SEC. 208. That in the case of all imported merchandise, whether
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
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,
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

erdsclares export-. or

ingPermitted
oath thaton
salemahas

not been made.

the merchandise until such person has made oath before the collector,
under regulations prescribed by the Secretary, that the merchandise

has not been sold or agreed to be sold by such person, and has given

givingbond to bond to the collector, under regulations prescribed by the Secretary,
On sales
report
price in 30
daysaftersale.

To payspecial duty.

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
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

SIXTY-SEVENTH CONGRESS.

SESS. I.

CH. 14.

1921.

this title upon such merchandise, and (3) that he will furnish to

To furnishnecessar

the collector such information as may be in his possession and as
may be necessary for the ascertainment of such duty, and will keep
such records as to the sale of such merchandise as the Secretary
may by regulation prescribe.

ormonetc.

DUTIES OF APPRAISERS.

Duties ofappraisers.

SEC. 209. That in the case of all imported merchandise, whether port estite andret
dutiable or free of duty, of a class or kind as to which the Secretary value,price,etc.,ofimhas made public a finding as provided in section 201, and as to which duty.
spec
the appraiser or person acting as appraiser has made no appraisement Ante p. 1.

report to the collector before such finding has been so made public,
it shall be the duty of each appraiser or person acting as appraiser,
by all reasonable ways and means to ascertain, estimate, and appraise
(any invoice or affidavit thereto or statement of cost of production
to the contrary notwithstanding) and report to the collector the
foreign market value or the cost of production, as the case may be,
the purchase price, and the exporter's sales price, and any other facts
which the Secretary may deem necessary for the purposes of this
title.
APPEALS AND PROTESTS.

Appealsandprotests.

SEC. 210. That for the purposes of this title the determination of andctorf appsirc
the appraiser or person acting as appraiser as to the foreign market torightof.
value or the cost of production, as the case may be, the purchase
price, and the exporter's sales price, and the action of the collector
in assessing special dumping duty, shall have the same force and
effect and be subject to the same right of appeal and protest, under
the same conditions and subject to the same limitations; and the eraisdictio of ger
general appraisers, the Board of General Appraisers, and the Court ine=asrit
w

of Customs Appeals shall have the same jurisdiction, powers, and
duties in connection with such appeals and protests as in the case of
appeals and protests relating to customs duties under existing law.
DRAWBACKS.

SEC. 211. That the special dumping duty imposed by this title

Drawbacks.

Uuaiallowance6 for.

shall be treated in all respects as regular customs duties within the
meaning of all laws relating to the drawback of customs duties.
SHORT TITLE.

SEC. 212. That this title may be cited as the "Antidumping Act,
1921."
TrrLE III.-ASSESSMENT OF AD VALOBEM DUTIES.

TtleofAct.
Ilorsmduties
Post, p. 990.

SEC. 301. That whenever merchandise which is imported into the leth n

onalue

United States is subject to an ad valorem rate of duty or to a duty
based upon or regulated in any manner by the value thereof, duty
shall in no case be assessed on a value less than the export value
of such merchandise.
EXPORT VALUE.

Export value.

SEC. 302. That for the purposes of this title the export value of priwhpal
rice io
imported merchandise shall be the price, at the time of exportation oetry of e tport at
*time thereof, to deter-

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 exporta-

mine.

SIXTY-SEVENTH CONGRESS.

fnLt

SESS. I.

CH. 14.

1921.

etc-,csts tion to the United States, 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

nImprt Stidp- ready for shipment to the United States, less the amount, if any,

duted.

included in such price, attributable to any additional costs, charges,

Eport tax added.

and expenses, and United States import duties, incident to bringing
the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States, and plus, if not
included in such price, the amount of any export tax imposed by the
country of exportation on merchandise exported to the United States.
REFERENCES TO "VALUE"

"Value."
rtsptaoeasn mariet
orexport, whicheveris
higher.

IN EXISTING LAW.

SEC. 303 (a). That wherever in Title I of this Act, or in the Tariff
Act of 1913, as amended, or in any law of the United States in existence at the time of the enactment of this Act relative to the appraise-

sale, ment of imported merchandise (except sections 2874, 2976, and 3016
of the Revised Statutes, and section 801 of the Revenue Act of 1916),
3l16,pp S.,s742s,
reference is made to the value of imported merchandise (irrespective
p
v9,
.
of the particular phraseology used and irrespective of whether or
Forfeitures

Scepte.

not such phraseology is limited or qualified by words referring to
country or port of exportation or principal markets) such reference
shall, in respect to all merchandise imported on or after the day
this Act takes effect, be construed to refer, except as provided in subdivision (b), to actual market value as defined by thelaw in existence
at the time of the enactment of this Act, or to export value as defined

Of
t
by section 302 of this Act, whichever is higher.
ral derned'y (b) If the rate of duty upon imported merchandise is in any manner
v.i Act opp.1913. dependent upon the value of any component material thereof, such

value shall be an amount determined under the provisions of the
Tariff Act of 1913, as in force prior to the enactment of this Act.

Definition.

DEFINTIONS.

Mearing dActared.
vol.38, pp. 4-2a2.

SEC. 304. That when used in this title the term " Tariff Act of 1913"
means the Act entitled "An Act to reduce tariff duties and provide

revenue for the Government, and for other purposes," approved
October 3, 1913.
Generlprovisons.
Statements
voice.

in in-

Additional required,

cuding is

to cr-

rency
use.

TILE IV.-GENERAL PROVISIONS.
STATEMENT

INVOICE.

SEC. 401. That all invoices of imported merchandise, and all statements in the form of an invoice, in addition to the statements required

by law in existence at the time of the enactment of this Act, shall
contain such other statements as the Secretary may by regulation
prescribe, and a statement as to the currency in which made out,
specifying whether gold, silver, or paper.
Statements at time
ofentry.
Additional, as prescribed by reulatons.

STATEMENTS AT TIME OF ENTRY.

SEC. 402. That the owner, importer, consignee, or agent, making
entry of imported merchandise, shall set forth upon the invoice, or

statement in the form of an invoice, and in the entry, in addition
to the statements required by the law in existence at the time of the
enactment of this Act, such statements, under oath if required, as
the Secretary may by regulation prescribe.

SIXTY-SEVENTH CONGRESS.
CONVERSION

SESS. I.

CH. 14.

1921.

OF CURRENCY.

SEC. 403. (a) That section 25 of the Act of August 27, 1894,
entitled "An Act to reduce taxation, to provide revenue for the

Conersion

of cur-

Foreign coins.

Fol'. 28,
amended.

552,

Government, and for other purposes," is amended to read as follows:
"SEC. 25. That the value of foreign coin as expressed in the mone
talue
in vnited
of account of the United States shall be that of the pure metal of such
coin of standard value; and the values of the standard coins in circu- Quarterly circular
lation of the various nations of the world shall be estimated quarterly estimating, to be proby the Director of the Mint and be proclaimed by the Secretary of clamed
the Treasury quarterly on the first day of January, April, July, and
October in each year.
Duties to be assessed
(b) For the purpose of the assessment and collection of duties on values in

circular

quarter in which
upon merchandise imported into the United States on or after the day for
export made.
of the enactment of this Act, wherever it is necessary to convert
foreign currency into currency of the United States, such conversion,
except as provided in subdivision (c), shall be made at the values
proclaimed by the Secretary under the provisions of section 25 of
such Act of August 27, 1894, for the quarter in which the merchandise
was exported.
(c) If no such value has been proclaimed, or if the value so pro- raef
York buying
rate, if value not pro-

claimed varies by 5 per centum or more from a value measured claimed
or varyng
over 5 per cent from

by the buying rate in the New York market at noon on the day of it.
exportation, conversion shall be made at a value measured by such Method of determin
buying rate. For the purposes of this subdivision such buying rate ing buying rate.
shall be the buying rate for cable transfers payable in the foreign
currency so to be converted; and shall be determined by the Federal
Reserve Bank of New York and certified daily to the Secretary, who
shall make it public at such times and to such extent as he deems Consideratons for
necessary. In ascertaining such buying rate such Federal Reserve ascertaining.
Bank may in its discretion (1) take into consideration the last
ascertainable transactions and quotations, whether direct or through
the exchange of other currencies, and (2) if there is no market buying
rate for such cable transfers, calculate such rate from actual transactions and quotations in demand or time bills of exchange.

(d) Sections 2903 and 3565 of the Revised Statutes are repealed.

Depreiated c u rrency and pound ster-

aed.

R. S., secs. 2903, 3565,
pp. 563, 703, repealed.

(e) Section 25 of such Act of August 27, 1894, as in force prior prioereto
to the enactment of this Act, and section 2903 of the Revised Statutes, vol. 2, p.

port s

552.

shall remain in force for the assessment and collection of duties on
merchandise imported into the United States prior to the day of
the enactment of this Act.
INSPECTION OF EXPORTER'S BOOKS.

Exporter's
etc.xp
s

oo s
books,

Appraising officer to

SEC. 404. That if any person manufacturing, producing, selling, be permitted inspec
shipping, or consigning merchandise exported to the United States manrket value,

fais, at the request of the Secretary, or an appraiser, or person
acting as appraiser, or a collector, or a general appraiser, or the Board
of General Appraisers, as the case may be, to permit a duly accredited
officer of the United States to inspect his books, papers, records,
accounts, documents, or correspondence, pertaining to the market
value or classification of such merchandise, then while such failure

continues the Secretary, under regulations prescribed by him, (1)
shall prohibit the importation into the United States of merchandise
manufactured, produced, sold, shipped or consigned by such person,

etcg
goods exported.

Importation prohibited on failure.

Delivr teof to

and (2) may instruct the collectors to withhold delivery of merchan- be witbhd.

dise manufactured, produced, sold, shipped or consigned by such
42150-23--2

SIXTY-SEVENTH CONGRESS.

SEss. I.

CH. 14.

1921.

person. If such failure continues for a period of one year from the
date of such instructions the collector shall cause the merchandise,
unless previously exported, to be sold at public auction as in the case
of forfeited merchandise.

Forfeietnreands ai
year.

Impoter's books,
etc.

INSPECTION OF IMPORTER'S BOOKS.

peoSEC. 405. That if any person importing merchandise into the
beApermitnd
United States or dealing in imported merchandise fails, at the request
t^n o' pertang

of the Secretary, or an appraiser, or person acting as appraiser, or
a collector, or a general appraiser, or the Board of General Appraisers,
as the case may be, to permit a duly accredited officer of the United
States to inspect his books, papers, records, accounts, documents, or
correspondence, pertaining to the value or classification of such
merchandise, then while such failure continues the Secretary, under
onu nt.
proedrt
regulations prescribed by him, (1) shall prohibit the importation of
it- merchandise into the Unted States by or for the account of such person, and (2) shall instruct the collectors to withhold delivery of merheid.
y
ef^
oe- chandise imported by or for the account of such person. If such
n9n
failure continues for a period of one year from the date of such
instructions the collector shall cause the merchandise, unless previously exported, to be sold at public auction as in the case of forfeited merchandise.
goods, etc.

Definitions.

tenst

DEFINITIONS.

ed.ctin

"Person."
"United States!

IandCanjiP
cepted.

Rules and regulations.

Enorcement

Act

Dye and Chemical
Control Act, 1921.
Post, p. 990.

forSidde
delvery

opt,
spp.

etrn
for

ree

191,220.

ondiis

RULES AND REGULATIONS.

SEC. 407. That the Secretary shall make rules and regulations
necessary for the enforcement of this Act.
TITLE V.-DYES AND CHEMICALS.

SEC. 501. (a) That on and after the day following the enactment

of this Actfor the period of three months, no sodium nitrite, no dyes
or dyestuffs, including crudes and intermediates, no product or
products derived directly or indirectly from coal tar (including crudes,
intermediates, finished or partly finished products, and mixtures and
compounds of such coal-tar products), and no synthetic organic
drugs or synthetic organic chemicals, shall be admitted to entry or
delivered from customs custody in the United States or in any of its

sllowng possessions unless the Secretary determines that such article or a

State DepartDepartecti, state
Section,
ment, abolshed.

tansfered to Trac.

"ropartp

SEC. 406. That when used in Title II orTitle III or in this titleThe term "person" includes individuals, partnerships, corporations, and associations; and
The term "United States" includes all Territories and possessions
subject to the jurisdiction of the United States, except the Philippine
Islands, the Virgin Islands, the islands of Guam and Tutuila, and the
Canal Zone.

net.

satisfactory substitute therefor is not obtainable in the United States
or in any of its possessions in sufficient quantities and on reasonable
terms as to quality, price and delivery, and that such article in the
quantity to be admitted is required for consumption by an actual
consumer in the United States or in any of its possessions within six
months after receipt of the merchandise.
(b) Upon the day following the enactment of this Act the War

Trade Board Section of the Department of State shall cease to exist;

all clerks and employees of such War Trade Board Section shall be
transferred to and become clerks and employees of the Treasury
Department and all books, documents, and other records relating to
such dye and chemical import control of such War Trade Board

SIXTY-SEVENTH CONGRESS.

SESS. I.

CHS. 14-17.

1921.

Section shall become books, documents and records of the Treasury
Department. All individual licenses issued by such War Trade
Board Section prior to the enactment of this Act shall remain in
effect during the period of their validity, and the importations under
such licenses shall be permitted. All unexpended funds and appropriations for the use and maintenance of such War Trade Board
Section shall become funds and appropriations available to be expended by the Secretary in the exercise of the power and authority
conferred upon him by this section.

rnor licensestoconferedS

et.,

trans-

Title declaed.

SEC. 502. That this title may be cited as the "Dye and Chemical
Control Act, 1921."
Approved, May 27, 1921.

CHAP. 16.-An Act To extend the time for the construction of a bridge across4
the Red River of the North, at or near the city of Pembina, North Dakota.

May 31, 1921.
[8.82.1

[Public, No. 11.1

Be it enacted by the Senate and House of Representatives of the United

River of the
States of America in Congress assembled, That the times for com- Nor
Time extended
Ior
mencing and completing the construction of a bridge and approaches bime
gin, Pembina,
end ed N.or
bridging,
thereto authorized by the Act of Congress approved June 5, 1920, Dak.

to be constructed by the counties of Pembina, North Dakota, and edv l'uP.47'amend '
Kittson, Minnesota, across the Red River of the North at a point Post,p.1561.

suitable to the interests of navigation at or near the city of Pembina,
North Dakota, are hereby extended one and three years, respectively,
from the date of approval hereof.
SEC. 2. That the right to alter, amend, or repeal this Act is hereby
expressly reserved.
Approved, May 31, 1921.

CHAP. 16.-An Act Authorizing the construction, maintenance, and operation
of a private drawbridge over and across Lock Numbered Four of the canal and locks,
Willamette Falls, Cla:'kamas County, Oregon.

Amendment.

1H. R. 2173.
[Public, No. 12.]

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Crown Willamette calmete
Falls
Paper Company, a corporation, is hereby authorized, subject to the Crown, Willette
approval of the Chief of Engineers and Secretary of War, and to such brige Lock No. 4

conditions as they may prescribe, to construct, maintain, and operate
a private drawbridge, connecting the units of its industrial plant,
over and across Lock Numbered Four of the canal and locks, Willamette Falls, Clackamas County, Oregon, and to use the canal right
of way for abutments or other construction work, in accordance with
the provisions of the Act entitled " An Act to regulate the construction

of bridges over navigable waters," approved March 23, 1906.

SEC. 2. That the rght to alter, amend, or repeal this Act is hereby

vol.S 34, p. 8
Am

endmet.

expressly reserved.
Approved, May 31, 1921.
CHAP. 17.-Joint Resolution For the relief of sufferers in Colorado from the flood
due to the overflow of the Arkansas River and its tributaries.

June 8, 1921.

[H. J. Res 148.]
[Pub. Res., No. 5-.

Resolved by the Senate and House of Representatives of the'United
States of America in Congress assembled, That the Secretary of War floodsin Colorado
Army supplies to be
is hereby authorized and directed to take such temporary sanitary furnyisuplfferers

measures as he may deem necessary and to furnish subsistence and from
quartermaster supplies belonging to the Military Establishment and

available, and issue the same to such destitute persons in Colorado as

Po, p. 456*

Full text of Emergency Tariff Act

FRASER