Chapter 1.-COLLECTION DISTRICTS, PORTS, AND OFFICERS § 2. Rearrangement and limitation of districts; changing locations. PEMBINA, NORTH DAKOTA, CUSTOMS DISTRICT; CHANGE IN BOUNDARIES PROHIBITED WITHOUT CONGRESSIONAL CON SENT Pub. L. 93-245, c. X, § 1000, Jan. 3, 1974, 87 Stat. 1083, provided: "That none of the funds made available under any Act shall be obligated or expended to change the boundaries of the Pembina, North Dakota Customs District (Region IX), without the consent of the Committees on Appropriations of the United States Senate and House of Representatives." DISPLAY OF FLAG AT PORTS OF ENTRY For provisions concerning the display of the flag of the United States Customs Ports of Entry, see Proc. No. 4131, May 5, 1972, 37 F.R. 9311, set out as a note under section 174 of Title 36, Patriotic Societies and Observances. §§ 31, 32. Repealed. Pub. L. 92-310, title II, § 226, June 6, 1972, 86 Stat. 206. Section 31, R.S. §§ 2619, 2620; Pub. L. 91-271, title III, §304, June 2, 1970, 84 Stat. 292, related to bonds of customs officers. Section 32, R.S. § 2620; Pub. L. 91-271, title III, § 305, June 2, 1970, 84 Stat. 292, related to the amounts, conditions for filing and procedures for approval of bonds required of customs officers. § 68. Enforcement of customs and immigration laws in Guam and the Virgin Islands and along CanaIdian and Mexican borders; cooperation by Secretary of Treasury and Attorney General; erection of buildings. To aid in the enforcement of the customs and immigration laws along the Canadian and Mexican borders and to provide better facilities for such enforcement at points along such borders at which no Federal or other buildings adapted or suitably located for the purpose are available, and for similar purposes in the Virgin Islands of the United States, the Secretary of the Treasury and the Attorney General are hereby authorized to expend, and for similar purposes in Guam the Attorney General is hereby authorized to expend, from the funds appropriated for the general maintenance and operation of the Customs and the Immigration and Naturalization Services, respectively, the necessary amounts for the acquisition of land and the erection of buildings, sheds, and office quarters, including living quarters for officers where none are otherwise available: Provided, That the total amount which may be so expended for any one project, including the site, shall not exceed $200,000 and that where the project is for the joint use of the Customs Service and the Immigration and Naturalization Service, the combined Page 1075 cost of the project, including the site, shall be charged to the two appropriations concerned. (As amended Aug. 29, 1974, Pub. L. 93-396, 88 Stat. 794.) AMENDMENTS 1974-Pub. L. 93-396 substituted "$200,000" for "$100,000" in the proviso limiting the amount to be spent on any one project. TRANSFER OF FUNCTIONS All functions vested by law in the Attorney General, the Department of Justice, or any other officer or any agency of that Department, with respect to the inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States, were transferred to the Secretary of the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40, section 613. § 69. Same; erection of protective gates and fences across and around roads crossing borders. TRANSFER OF FUNCTIONS All functions vested by law in the Attorney General, the Department of Justice, or any other officer or any agency of that Department, with respect to the inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States, were transferred to the Secretary of the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5, Government Organization and Employees. Chapter 3.-THE TARIFF AND RELATED SECTIONS REFERRED TO IN OTHER SECTIONS Sections 160 to 171 are referred to in sections 1337, 2251, 2411 of this title. § 160. Foreign merchandise sold or likely to be sold at less than fair value. (a) Initiation of investigation by International Trade Commission; determination of injury to United States industry; finding; publication of finding. Whenever the Secretary of the Treasury (hereinafter called the "Secretary") determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value, he shall so advise the United States International Trade Commission (hereinafter called the "Commission"), and the Commission shall determine within three months thereafter whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States. The Commission, after such investigation as it deems necessary, shall notify the Secretary of its determination, and, if that determination is in the affirmative, the Secretary shall make public a notice (hereinafter in sections 160 to 171 of this title called a "finding") of his determination and the urchased, prior to the time of son by whom or for whose e is imported, plus, when not he cost of all containers and costs, charges, and expenses · merchandise in condition, nt to the United States, less ided in such price, attributosts, charges, and expenses, t duties, incident to bringing he place of shipment in the o the place of delivery in the the amount, if included in t tax imposed by the country portation of the merchandise and plus the amount of any by the country of exportation ed, or which have not been the exportation of the merStates; and plus the amount in the country of exportation corted merchandise or comhave been rebated, or which 1, by reason of the exportation the United States, but only to xes are added to or included in hilar merchandise when sold in ition; and plus the amount of not collected, by reason of the rchandise to the United States, ollection has been determined e a bounty or grant within the .303 of this title. (As amended 93-618, title III, § 321(b), 88 AMENDMENTS substituted "and less the amount, ice, of any export tax imposed by .on on the exportation of the mer: States" for "and plus the amount, price, of any export tax imposed by tion on the exportation of the mer1 States"; and substituted "and plus xes imposed in the country of exthe exported merchandise or comhave been rebated, or which have V reason of the exportation of the ited States, but only to the extent aded to or included in the price of handise when sold in the country of the amount of any taxes rebated or on of the exportation of the merd States, which rebate or noncollecLed by the Secretary to be a bounty meaning of section 1303 of this title" ount of any taxes imposed in the n upon the manufacturer, producer, to the manufacture, production, or e, which have been rebated, or which ted, by reason of the exportation of ..e United States". : DATE OF 1975 AMENDMENT of Pub. L. 93-618 provided that: made by subsections (b) through (e) ading this section of sections 163, 164, 1 shall apply with respect to all merot appraised on or before the date of 5 Act (Jan. 3, 1975]; except that such ot apply with respect to any mer from the country of exportation he enactment, and determination of the said Commission. For the purposes of this subsection, the Commission shall be deemed to have made an affirmative determination if the Commissioners of the Commission voting are evenly divided as to whether its determination should be in the affirmative or in the negative. The Secretary's finding shall include a description of the class or kind of merchandise to which it applies in such detail as he shall deem necessary for the guidance of customs officers. (b) Procedure when Secretary of the Treasury has not published his finding and that of International Trade Commission; determination by Secretary; publication; withholding of appraisement. (1) In the case of any imported merchandise of a class or kind as to which the Secretary has not so made public a finding, he shall, within six months after the publication under subsection (c)(1) of this section of a notice of initiation of an investigation (A) determine whether there is reason to believe or suspect, from the invoice or other papers or from information presented to him or to any other person to whom authority under this section has been delegated, 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 constructed value); and (B) if his determination is affirmative, publish a notice of that fact in the Federal Register, and require, under such regulations as he may prescribe, the withholding of appraisement as to such merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of that notice in the Federal Register (or such earlier date, not more than one hundred and twenty days before the date of publication under subsection (c)(1) of this section of notice of initiation of the investigation, as the Secretary may prescribe), until the further order of the Secretary, or until the Secretary has made public a finding as provided for in subsection (a) of this section in regard to such merchandise; or (C) if his determination is negative (or if he tentatively determines that the investigation should be discontinued), publish notice of that fact in the Federal Register. (2) If in the course of an investigation under this subsection the Secretary concludes that the determination provided for in paragraph (1) cannot reasonably be made within six months, he shall publish notice of this in the Federal Register, together with a statement of reasons therefor, in which case the determination shall be made within nine months after the publication in the Federal Register of the notice of initiation of the investigation. (3) Within three months after publication in the Federal Register of a determination under paragraph (1), the Secretary shall make a final determination whether the foreign merchandise in question is being or is likely to be sold in the United States at less than its fair value (or a final discontinuance of the investigation). (c) Information to Secretary of the Treasury alleging that foreign merchandise is being sold or is likely to be sold at less than fair value; determination of whether to initiate investigation; publication; substantial doubt. (1) The Secretary shall, within thirty days of the receipt of information alleging that a particular class or kind of merchandise is being or is likely to be sold in the United States or elsewhere at less than its fair value and that an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, determine whether to initiate an investigation into the question of whether such merchandise in fact is being or is likely to be sold in the United States or elsewhere at less than its fair value. If his determination is affirmative he shall publish notice of the initiation of such an investigation in the Federal Register. If it is negative, the inquiry shall be closed. (2) If, in the course of making a determination under paragraph (1), the Secretary concludes, from the information available to him, that there is substantial doubt whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason by the importation of such merchandise into the United States, he shall forward to the Commission the reasons for such substantial doubt and a preliminary indication, based upon whatever price information is available, concerning possible sales at less than fair value, including possible margins of dumping and the volume of trade. If within thirty days after receipt of such information from the Secretary, the Commission, after conducting such inquiry as it deems appropriate, determines there is no reasonable indication that an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, it shall advise the Secretary of its determination and any investigation under subsection (b) of this section then in progress shall be terminated. (d) Hearing; publication of determination, findings, conclusions, and reasons or bases therefor. (1) Before making any determination under subsection (a) of this section, the Secretary or the Commission, as the case may be, shall, at the request of any foreign manufacturer or exporter, or any domestic importer, of the foreign merchandise in question, or of any domestic manufacturer, producer, or wholesaler of merchandise of the same class or kind, conduct a hearing at which (A) any such person shall have the right to appear by counsel or in person; and (B) any other person, firm, or corporation may make application and, upon good cause shown, may be allowed by the Secretary or the Commission, as the case may be, to intervene and appear at such hearing by counsel or in person. (2) The Secretary, upon determining whether foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and the Commission, upon making its determination under subsection (a) of this section, shall publish in the Federal Register such determination, whether affirmative or negative, together with a complete |