1 make recommendations to the Congress with respect to the 2 implementation of such a uniform grading system by Janu 5 PROHIBITED ACTS SEC. 6. The following acts and the causing thereof are 6 prohibited: 7 (a) the manufacture for sale, the sale, or the offering 8 for sale, in interstate commerce, or the importation into the 9 United States, or the introduction, delivery for introduction, or transportation, in interstate commerce, or for the purpose 10 11 12 13 of sale, or delivery after sale, in interstate commerce, of any motor vehicle tire manufactured on or after the date this section takes effect unless in compliance with the standards 14 prescribed by the Secretary pursuant to sections 3 and 4 of 15 this Act; 16 17 (b) the sale, or the offering for sale, in interstate commerce, or the importation into the United States, or the in18 troduction, delivery for introduction, or transportation, in 19 interstate commerce, or for the purpose of sale, or delivery 20 after sale, in interstate commerce, of any new motor vehicle 21 equipped with tires not in compliance with the standards 22 established by the Secretary pursuant to section 4 (b) of this 23 Act; 24 (c) the failure to permit entry or inspection as author 25 ized by section 10 of this Act. 2 SEC. 7. (a) Any motor vehicle tire that has been manu3 factured or introduced into commerce in violation of section 4 6(a) of this Act shall be liable to be proceeded against while 5 in interstate commerce or at any time thereafter, on libel of 6 information and condemned in any district court in the 7 United States within the jurisdiction of which the tire is 8 found: Provided, That this section shall not apply to a tire 9 intended for export to any foreign country if it is labeled 10 on the outside of the shipping package to show that it is 11 intended for export, and is so exported. 12 13 (b) Such tire shall be liable to seizure by process pursu ant to the libel, and the procedure in cases under this section 14 shall conform, as nearly as may be, to the procedure in 15 admiralty; except that on demand of either party any issue 16 of fact joined in any such case shall be tried by jury. When 17 libel for condemnation proceedings under this section, involv18 ing the same claimant, are pending in two or more jurisdic19 tions, such pending proceedings, upon application of the 20 United States or the claimant seasonably made to the conrt 21 of one such jurisdiction, shall be consolidated for trial by 22 order of such court, and tried in (1) any district selected by 23 the applicant where one of such proceedings is pending; or 24 (2) a district agreed upon by stipulation between the S. 2669-2 1 parties. If no order for consolidation is so made within a 2 reasonable time, the United States or the claimant may apply 3 to the court of one such jurisdiction, and such court (after 4 giving the other party, the claimant, or the United States 5 attorney for such district, reasonable notice and opportunity 6 to be heard) shall by order, unless good cause to the contrary 7 is shown, specify a district of reasonable proximity to the 8 claimant's principal place of business, in which all such pend9 ing proceedings shall be consolidated for trial and tried. 10 Such order of consolidation shall not apply so as to require 11 the removal of any case the date for trial of which has been 12 fixed. The court granting such order shall give prompt 13 notification thereof to the other courts having jurisdiction of 14 the case covered thereby. 15 (c) Any tire condemned under this section shall, after 16 entry of the decree, be disposed of by destruction or sale as 17 the court may, in accordance with the provisions of this 18 section, direct and the proceeds thereof, if sold, less the legal 19 costs and charges, shall be paid into the Treasury of the 20 United States; but such tire shall not be sold under such 21 decree contrary to the provisions of this Act or the laws of 22 the jurisdiction in which sold: Provided, That, after entry 23 of the decree and upon the payment of the costs of such 24 proceedings and the execution of a good and sufficient bond 1 conditioned that such tire shall not be sold or disposed of 2 contrary to the provisions of this Act or the laws of any 3 State or territory in which sold, the court may by order 4 direct that such tire be delivered to the owner thereof to 5 be destroyed or brought into compliance with the provisions 6 of this Act under the supervision of an officer or employee 7 duly designated by the Secretary, and the expenses of such 8 supervision shall be paid by the person obtaining release 9 of the tire under bond. 10 (d) When a decree of condemnation is entered against 11 the tire, court costs and fees, and storage and other proper 12 expenses, shall be awarded against the person, if any, inter13 vening as claimant of the tire. 14 (e) In the case of removal for trial of any case as 15 provided by subsection (b) of this section (1) the clerk of the court from which removal is made shall promptly transmit to the court in which the case is to be tried all records in the case necessary in order that such court may exercise jurisdiction; (2) the court to which such case is removed shall have the powers and be subject to the duties, for purposes of such case, which the court from which removal was made would have had, or to which such court would have been subject, if such case had not been removed. 1 INJUNCTION; CRIMINAL CONTEMPT 2 SEC. 8. (a) The United States district courts and the 3 United States courts of the territories shall have jurisdiction, 4 for cause shown and subject to the provisions of rule 65 (a) 5 and (b) of the Federal Rules of Civil Procedure, to restrain 6 violations of this Act. 7 (b) In any proceeding for criminal contempt for viola8 tion of an injunction or restraining order issued under this 9 section, which violation also constitutes a violation of this 10 Act, trial shall be by the court or, upon demand of the 11 accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case 13 of proceedings subject to the provisions of rule 42 (b) of 14 the Federal Rules of Criminal Procedure. 12 15 16 SUBPENAS SEC. 9. In all libel or injunction proceedings for the 17 enforcement, or to restrain violations, of this Act subpenas 18 for witnesses who are required to attend a court of the 19 United States in any district may run into any other district 20 in any such proceeding. 21 22 TESTING AND INSPECTION SEC. 10. (a) The Secretary is authorized to conduct 23 such testing and inspection as he deems necessary for the 24 enforcement of this Act. 25 (b) For purposes of this section, officers and employees |