(e) Customs invoices, including the invoices provided for in § 9.1, of this chapter, shall not be required for shipments of bona fide gifts accorded free entry under Public Law No. 790, as amended, in whole or in part. If the certificate provided for in paragraph (b) (1) of this section stating the information as to the purchase price of each article listed accompanies the parcel, it shall be accepted as a compliance with the other requirements of § 9.1 of this chapter of the customs regulations. (Secs. 498, 624, 46 Stat. 728, 759, 56 Stat. 1041, Public Law No. 384, 80th Cong.; 19 U.S.C. 1498, 1624, 50 U.S.C. App. 846, 847) (f) Free entry shall be accorded under the act to articles entered, or withdrawn from warehouse, for consumption on and after December 6, 1942, and before July 1, 1949. (Act of December 5, 1942, Public Law No. 790, 77th Congress; act of August 8, 1947, Public Law No. 384, 80th Congress.) CODIFICATION: § 54.3 was amended in the following respects by Treasury Decision 51737, Acting Commissioner of Customs, approved by the Acting Secretary of the Treasury, Aug. 15, 1947, 12 F.R. 5650: 1. In paragraph (a) the text set forth above was added immediately before the period. 2. Paragraphs (b), (c), (e) and (f) were amended to read as set forth above. 3. In paragraph (d) the word "or" was changed to "and" and the date "1937" was changed to "1943." PART 56-EXTENSIONS OF TIME PURSUANT TO PROCLAMATION OF THE PRESIDENT UNDER SECTION 318, TARIFF ACT OF 1930 MERCHANDISE IN GENERAL ORDER AND BONDED WAREHOUSES Sec. 56.1 56.2 Periods of time prescribed in sections 491, 557, and 559, Tariff Act of 1930, as amended, extended; conditions. [Amended] Certificate of the Foreign Economic Administration. [Revoked] 56.3 Extension of bonds. [Amended] SOURCE: §§ 56.1, 56.2 and 56.3 contained in Treasury Decision 51620, Acting Secretary of the Treasury, Feb. 3, 1947, 12 F.R. 885. § 56.1 Periods of time prescribed in sections 491, 557, and 559, Tariff Act of 1930, as amended, extended; conditions. CODIFICATION: In § 56.1 (a) subparagraph (1) was deleted and subparagraphs (2) and (3) were redesignated (1) and (2), respectively. § 56.2 Certificate of the Foreign Economic Administration. [Revoked] § 56.3 Extension of bonds. CODIFICATION: § 56.3 (e) was revoked. PART 100-ORGANIZATION; FUNCTIONS, AND PROCEDURES OF THE BUREAU OF CUSTOMS Sec. 100.3 Delegation of authority. [Amended] § 100.3 Delegation of authority. (d) The Assistant Deputy Commissioner of Customs in charge of Marine Administration is hereby designated, pursuant to section 103 of Reorganization Plan No. 3 effective July 16, 1946 (3 CFR, 1946 Supp.), as the officer of the Bureau of Customs who may, except as otherwise provided for in this section, perform the functions transferred to the Commissioner of Customs by section 102 of said Reorganization Plan, subject to the following exceptions and conditions: (1) Whenever in the opinion of the Assistant Deputy Commissioner of Customs in charge of Marine Administration any question pending for decision is of exceptional importance, he shall submit the question to the Commissioner of Customs, and the decision shall be made by the Commissioner of Customs. (2) No regulations shall be prescribed or requirements of regulations waived by the Assistant Deputy Commissioner of Customs in charge of Marine Administration. (3) No fine, penalty, or forfeiture shall be remitted or mitigated by the Assistant Deputy Commissioner of Customs in charge of Marine Administration. (e) The Deputy Commissioner of Customs in charge of Tariff and Marine Administration is hereby designated, pursuant to section 103 of Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp.), as the officer of the Bureau of Customs who may perform the function, transferred to the Commissioner of Customs by section 102 of said Reorganization Plan, of remitting or mitigating fines, penalties, and forfeitures, not exceeding $1,500 in the aggregate in any one case. (f) The collector of customs concerned is hereby designated, pursuant to section 103 of Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp.), as the officer of the Bureau of Customs who may perform the function, transferred to the Commissioner of Customs by section 102 of said Reorganization Plan, of remitting or mitigating fines or other pecuniary penalties, aggregating less than $100 in respect of any one offense, on such terms and conditions as, under the law and in view of the circumstances, he shall deem appropriate. (g) The collector, assistant collector, and deputy collector in charge of marine work for the port where a temporary document is to be issued to a vessel or for the home port of a vessel fixed and determined by its owner are hereby designated, pursuant to section 103 of Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp.), as the officers of the Bureau of Customs who may perform the function, transferred to the Commissioner of Customs by section 102 of said Reorganization Plan, of approving owners' designations of home ports for vessels pursuant to section 1 of the act of Feb ruary 16, 1925 (46 U.S.C. 18), subject to the following exceptions and conditions: (1) Whenever the home port of a vessel designated by its owner is a port other than the one at or nearest the place in the same customs collection district where the vessel business of the owner is conducted, the collector, assistant collector, or deputy collector shall submit the designation to the Commissioner of Customs and the decision shall be made by the Assistant Deputy Commissioner of Customs in charge of Marine Administration under the authority contained in paragraph (d) of this section. (2) Whenever a vessel for which a home port is designated by its owner has not been documented previously as a vessel of the United States the collector, assistant collector, or deputy collector shall submit the designation to the Commissioner of Customs and the decision shall be made by the Assistant Deputy Commissioner of Customs in charge of Marine Administration under the authority contained in paragraph (d) of this section. (3) Whenever the complete chain of title, from the last owner of record, to a vessel for which a home port is designated by the owner is not established by recordable bills of sale the collector, assistant collector, or deputy collector shall submit the designation to the Commissioner of Customs and the decision shall be made by the Assistant Deputy Commissioner of Customs in charge of Marine Administration under the authority contained in paragraph (d) of this section. (h) The collector of customs, assistant collector, and deputy collector in charge of marine work for the home port of a vessel are hereby designated, pursuant to section 103 of Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp.), as the officers of the Bureau of Customs who may perform the function, transferred to the Commissioner of Customs by section 102 of said Reorganization Plan, of authorizing the endorsement of the names of alternate masters on documents of vessels pursuant to section 4335 of the Revised Statutes of 1873 as amended by the act of May 31, 1939 (46 U.S.C. 276). [Paragraphs (d), (e), (f), (g), and (h) added by T.D. 51609, approved Jan. 22, 1947, effective Jan. 29, 1947, 12 F.R. 632] CHAPTER II-UNITED STATES TARIFF COMMISSION N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003). 206 Investigations of injury to domestic producers resulting from trade-agreement concessions. [Added] ABBREVIATIONS: The following abbreviations are used in this chapter: 200.1 Creation and authority. [Revised] 200.4 Functions. [Amended] 200.5 Availability of information. [Amended] § 200.1 Creation and authority. The United States Tariff Commission was created by act of Congress approved September 8, 1916 (39 Stat. 795) for the purpose of supplying the Congress and the President with information regarding the position of the United States industries in competition with imports, regarding the administration and operation of the United States customs laws, and regarding commercial policies of foreign countries. The Tariff Act of 1922 (42 Stat. 858) increased its functions by providing for investigation and report by the Tariff Commission before action by the President under the authority given him by that act to change duties when found necessary to equalize differences in costs of production in the United States and foreign countries and also before action by him embargoing imports pursuant to the provision declaring unfair methods of competition in the import trade to be unlawful. Title III, Part II, of the Tariff Act of 1930 (46 Stat. 696; 19 U. S. C. 1330-41) provided for a reorganization of the Tariff Commission and reenacted substantially all the pre vious provisions regarding its powers and duties. The Trade Agreements Act of June 12, 1934 (48 Stat. 943; 19 U. S. C. 1351-54) names the Commission as one of the advisory agencies in the negotiation of reciprocal trade agreements. (See Part II of Executive Order 9832, dated February 25, 1947, Title 3, supra). The Agricultural Adjustment Act (of 1933), as amended (7 U. S. C. 624), designates the Tariff Commission as the agency to conduct investigations to determine whether imports are interfering with certain agricultural programs undertaken by the Government. The Philippine Trade Act of 1946 (Pub. Law 371, 79th Cong.) imposes upon the Tariff Commission the function of conducting investigations and reporting to the President in connection with the administration of the provisions of that act respecting quotas on imports of Philippine articles. Part I of Executive Order 9832 (Title 3, supra) provides for investigation and report to the President by the Tariff Commission regarding injury to domestic producers resulting from tradeagreement concessions. (Sec. 332, 46 Stat. 698; 19 U.S.C. 1332). [Statement, June 4, 1947, 12 F.R. 3737] $ 200.4 Functions. (f) Foreign trade agreements (1) Negotiation. The Trade Agreements Act of June 12, 1934 (sec. 4, 48 Stat. 945; 19 U.S.C. 1354) designates the Tariff Commission as a source of information and advice to the President in the negotiation of foreign trade agreements made under that act. The Tariff Commission is represented on the Committee for Reciprocity Information (Executive Orders 6750, June 27, 1934 and 9647, Oct. 25, 1945, 3 CFR, 1945 Supp.), and on the Interdepartmental Committee on Trade Agreements (Part II, Executive Order 9832, Title 3, supra). In addition to its function of advising the President on all aspects of the trade agreements program, the Tariff Commission has the special function under paragraph numbered 6 of Executive Order 9832 in supplying to the President information prior to trade agreement negotiations as follows: With respect to each dutiable import item which is considered by the Interdepartmental Committee for inclusion in a trade agreement, the Tariff Commission shall make an analysis of the facts relative to the production, trade, and consumption of the article involved, to the probable effect of granting a concession thereon, and to the competitive factors involved. Such analysis shall be submitted in digest form to the Interdepartmental Committee. The digests, excepting confidential material, shall be published by the Tariff Commission. The Commission is also represented on the various subcommittees of the Interdepartmental Committee on Trade Agreements. are (2) Investigations regarding injury. Under Part I of Executive Order 9832 (Title 3, supra), the Commission investigates to determine whether domestic producers are being injured or threatened with injury resulting from the granting of trade-agreement concessions; it reports its findings to the President for his consideration in connection with the reservations of the right to withdraw or modify concessions in cases where injury or threat of injury is found to result from trade-agreement concessions. [Paragraph amended June 4, 1947, 12 F.R. 3737] (f) Applicability of general rules. [Revised] Applications for investigation under section 336 of the Tariff Act of 1930, under section 504 of the Philippine Trade Act of 1946, and under Part I of Executive Order 9832, and complaints under section 337 of the Tariff Act of 1930. [Amended] 201.10 Public notice of investigations. [Revised] 201.11 201.15 Public hearings. [Amended] Witnesses and subpenas. [Amended] AUTHORITY: §§ 201.1 to 201.15, appearing in this Supplement, issued under sec. 332, 46 Stat. 698, secs. 3, 12, 60 Stat. 238, 244; 19 U.S.C. 1332, 5 U.S.C. 1002, 1011. E.O. 9832, Feb. 25, 1947, Title 3, supra. § 201.1 Applicability of general rules. The Tariff Commission rules of general application apply to investigations under the provisions of sections 332, 336, and 337 of the Tariff Act of 1930 (46 Stat. 698, 701, 703; 19 U. S. C. 1332, 1336, 1337), to investigations under section 22 of the Agricultural Adjustment Act (of 1933), as amended (sec. 31, 49 Stat. 773; sec. 5, 49 Stat. 1152; sec. 1, 50 Stat. 246; 54 Stat. 17; 7 U. S. C. 624), to investigations under section 504 of the Philippine Trade Act of 1946 (Pub. Law 371, 79th Cong.), and to investigations under Part I of Executive Order 9832 (Title 3, supra). Rules having specific application to investigations under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act, under section 504 of the Philippine Trade Act, and under Part I of Executive Order 9832, respectively, appear separately in Parts 202 to 206, inclusive, of this chapter. In case of inconsistency between a rule of general application appearing in this part and a rule of special application in the other parts mentioned, the rule in Parts 202 to 206 is controlling. No rules governing investigations under section 338 of the Tariff Act of 1930 (46 Stat. 704; 19 U.S.C. 1338) are issued because such investigations, which concern questions of possible discrimination by foreign countries against the commerce of the United States, are of a nature requiring their conduct under cover of secrecy. [Reg., June 4, 1947, 12 F.R. 3738] § 201.8 Applications for investigation under section 336 of the Tariff Act of 1930, under section 504 of the Philippine Trade Act of 1946, and under Part I of Executive Order 9832, and complaints under section 337 of the Tariff Act of 1930. (a) All applications for investigations under section 336 of the Tariff Act of 1930, under section 504 of the Philippine Trade Act of 1946, or under Part I of Executive Order 9832, and complaints under section 337 of the Tariff Act of 1930, must be filed with the Secretary, United States Tariff Commission, Washington 25, D. C. However, requests for information concerning such matters may be filed with the New York office as well as with the Washington office. [Headnote and paragraph (a) amended June 4, 1947, 12 F.R. 3738] * CODIFICATION: In § 201.8 the first sentence in paragraph (b) was amended in the following respects, by Regulation, United States Tariff Commission, June 2, 1947, 12 F.R. 3562: 1. The comma following the word "Register" was deleted and the word "and" was substituted in lieu thereof. 2. The comma was changed to a period after the words "Treasury Department" and the phrase immediately following was deleted. § 201.10 Public notice of investigations. Public notice will be given of every investigation ordered by the Commission under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act (of 1933), as amended, under section 504 of the Philippine Trade Act of 1946, and under Part I of Executive Order 9832, Title 3, supra, by posting a copy of the notice at the principal office of the Commission at Washington, D. C., and at its office in New York City, and by publishing a copy of the notice in Treasury Decisions and in the FEDERAL REGISTER. Subsequent notices will be given in the same manner. Copies of notices will also be sent to press associations, trade and similar organizations of producers, and to importers known to the Commission to have an interest in the subject matter of the investigation. [Reg., June 4, 1947, 12 F.R. 3738] CODIFICATION: Prior to the revision of § 201.10 as set forth above a period was substituted for the semicolon after the word 1 Under Executive Order 7233 of November 23, 1935, applications for investigations under section 22 of the Agricultural Adjustment Act (of 1933), as amended, must be filed with the Secretary of Agriculture. See Part 204 of this chapter. "Register" and the phrase immediately following was deleted by Regulation, United States Tariff Commission, June 2, 1947, 12 F.R. 3562. § 201.11 Public hearings. (a) Hearings are required by law only in the case of investigations under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act, under section 504 of the Philippine Trade Act of 1946, and under Part I of Executive Order 9832, Title 3, supra. No public hearing is required in general investigations under section 332 of the Tariff Act of 1930; however, when determined by the Commission to be appropriate and feasible, hearings will be held in such investigations. [Paragraph (a) amended June 4, 1947, 12 F.R. 3738] (d) Subpenas for the attendance of witnesses or for the production of documentary evidence will be issued at the request of any person who has entered an appearance in an investigation in accordance with § 201.12, upon application in writing and determination by the Commission of the general relevance and reasonable scope of the evidence sought. Such application shall be addressed to the Commission, and shall include a statement as to the nature, relevance, and scope of the testimony sought, and, in the case of documentary evidence, an adequate specification of the documents desired. [Paragraph (d) added Dec. 31, 1946, 12 F.R. 41 CROSS REFERENCE: For rule regarding expenses see § 201.16. For rule regarding service of process, see § 201.19. |