clusion of merchandise from entry, and his refusal of delivery. INTERNAL REVENUE CODE OF 1954 All cases involving merchandise assessed under Section 4541. TO THIRD DIVISION-TARIFF ACT OF 1930 Schedule 2.-All cases involving the classification of merchandise under paragraphs 201, 207, and 209 to 216, inclusive. Schedule 5.-All cases involving the classification of merchandise under paragraphs 501 to 506, inclusive. Schedule 7.-All cases involving the classification of merchandise under paragraphs 701 to 716 and 722 to 783, inclusive. Schedule 8.-All cases involving the classification of merchandise under paragraphs 801 to 815, inclusive. Schedule 15.-All cases involving the classification of merchandise under paragraphs 1507, 1508 to 1510, inclusive; 1515, 1517, 1521 to 1523, inclusive; 1547, 1548, 1552, 1555 to 1558, inclusive; and cases involving solely clerical error and administrative questions, except as hereinbefore otherwise provided. The term "administrative questions" as used in this paragraph shall include the following: American fisheries, countervailing duty, currency value, entered value, fines, abandonment of merchandise, breakage, capacity of bottles, charges, merchandise not legally marked, rotten fruit, American goods returned, household effects, personal effects, shrinkage, shortage, ships' equipment, weight and tare. Title II.-All cases in which it is claimed that the merchandise is entitled to free entry under paragraphs 1807 to 1811, inclusive. INTERNAL REVENUE CODE OF 1954 All cases involving merchandise assessed under sections 4501(b) and 4591. Rule 42. Effective date-Abrogation of prior rules. These rules shall become effective November 1, 1949. The rules heretofore promulgated and all amendments thereof are rescinded, but this is not to affect any proper action taken under them before these rules become effective. CROSS REFERENCES Rule-making power, see section 2071 of this title. CROSS REFERENCES 401 SUBCHAPTER I.-BUREAU OF LABOR § 1. Design and duties of bureau generally. Page 6259 Section 1 of act June 13, 1888, created a Department of Labor and outlined its general design and duties, and section 9 of that act transferred the Bureau of Labor to the Department of Labor. Act Feb. 14, 1903, placed the Department of Labor under the jurisdiction and made it a part of the Department of Commerce and Labor. Act Mar. 18, 1904, changed the name of the Department of Labor to the Bureau of Labor in the Department of Commerce and Labor. Act Mar. 4, 1913, created the Department of Labor and transferred the Bureau of Labor from the Department of Commerce and Labor to the newly created Department of Labor, redesignating such transferred Bureau to the Bureau of Labor Statistics. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of such Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. § 2. Collection, collation, and reports of labor statistics. The Bureau of Labor Statistics, under the direction of the Secretary of Labor, shall collect, collate, and report at least once each year, or oftener if necessary, full and complete statistics of the conditions of labor and the products and distribution of the products of the same, and to this end said Secretary shall have power to employ any or either of the bureaus provided for his department and to rearrange such statistical work, and to distribute or consolidate the same as may be deemed desirable in the public interests; and said Secretary shall also have authority to call upon other departments of the Government for statistical data and results obtained by them; and said Secretary of Labor may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise. The Bureau of Labor Statistics shall also collect, collate, report, and publish at least once each month full and complete statistics of the volume of and changes in employment, as indicated by the number of persons employed, the total wages paid, and the total hours of employment, in the service of the Federal Government, the States and political subdivisions thereof, and in the following industries and their principal branches: (1) Manufacturing; (2) mining, quarrying, and crude petroleum production; (3) building construction; (4) agriculture and lumbering; (5) transportation, communication, and other public utilities; (6) the retail and wholesale trades; and such other industries as the Secretary of Labor may deem it in the public interest to include. Such statistics shall be reported for all such industries and their principal branches throughout the United States and also by States and/or Federal reserve districts and by such smaller geographical subdivisions as the said Secretary may from time to time prescribe. The said Secretary is authorized to arrange with any Federal, State, or municipal bureau or other governmental agency for the collection of such statistics in such manner as he may deem satisfactory, and may assign special agents of the Department of Labor to any such bureau or agency to assist in such collection. (Mar. 4, 1913, ch. 141, § 4. 37 Stat. 737; July 7, 1930, ch. 873, 46 Stat. 1019.) AMENDMENTS 1930-Act July 7, 1930, added second paragraph. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of the Department were, with the exception of the functions vested by the Administrative Procedure Actection 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. PRISON STATISTICS REPORT Joint Res. June 17, 1940, ch. 389, 54 Stat. 401, authorized the Bureau of Labor Statistics to furnish a report to Congress before May 1, 1941, on the kind, amount, and value of all goods produced in state and federal prisons. CROSS REFERENCES Transfer of duties as to ascertaining cost of production in foreign countries, etc., see 1912 amendment note under section 4 of this title. § 2a. Statistical reports; collection through local agents; piece-price basis. The Commissioner of Labor [Statistics] is authorized to collect statistical reports through local special agents paid on piece-price basis. (Feb. 24, 1927, ch. 189, title IV, 44 Stat. 1222.) TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of the Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. § 2b. Studies of productivity and labor costs in industries. The Bureau of Labor Statistics of the United States Department of Labor is authorized and directed to make continuing studies of productivity and labor costs in the manufacturing, mining, transportation, distribution, and other industries. (June 7, 1940, ch. 267, 54 Stat. 249; Aug. 30, 1954, ch. 1076, § 1 (27), 68 Stat. 968.) AMENDMENTS 1954-Act Aug. 30, 1954, repealed second paragraph which required the Secretary of Labor to submit annually to Congress reports of findings under this section. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of such Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by such Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. § 3. Commissioner; appointment and tenure of office; compensation. The Bureau of Labor Statistics shall be under the charge of a Commissioner of Labor Statistics, who shall be appointed by the President, by and with the advice and consent of the Senate; he shall hold his office for four years, unless sooner removed, and shall receive a salary. (June 27, 1884, ch. 127, 23 Stat. 60; June 13, 1888, ch. 389, § 2, 25 Stat. 182; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737.) CODIFICATION Words "of five thousand dollars per annum" at end of section were omitted as superseded by the Classification Acts. See chapter 21 of Title 5, Executive Departments and Government Officers and Employees. AMENDMENTS 1913-Act Mar. 4, 1913, is authority for the substitution "Commissioner of Labor Statistics" and "Bureau of Labor Statistics" for "Commissioner of Labor" and "Bureau of Labor", respectively. 1904 Act Mar. 18, 1904, changed the name of the Department of Labor to be Bureau of Labor. 1888-Act June 13, 1888, increased salary from $3,000 to $5,000 per annum. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of the Department wêre, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES Federal employees' pay increases, see section 901 et seq. of Title 5, Executive Departments and Government Officers and Employees. § 4. Duties of Commissioner in general. It shall be the duty of the Commissioner of Labor Statistics to ascertain the effect of the customs laws, and the effect thereon of the state of the currency, in the United States, on the agricultural industry, especially as to its effect on mortgage indebtedness of farmers. He shall also establish a system of reports by which, at intervals of not less than two years, he can report the general condition, so far as production is concerned, of the leading industries of the country. He is also specially charged to investigate the causes of, and facts relating to, all controversies and disputes between employers and employees as they may occur, and which may tend to interfere with the welfare of the people of the different States. He shall also obtain such information upon the various subjects committed to him as he may deem desirable from different foreign nations, and what, if any, convict-made goods are imported into this country, and if so from whence. (June 13, 1888, ch. 389, § 7, 25 Stat. 183; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737; May 29, 1928, ch. 901, § 1 (110), (111), 45 Stat. 994.) REFERENCES IN TEXT Customs laws, referred to in the text, are classified generally to Title 19, Customs Duties. CODIFICATION Section is from act June 13, 1888. Act June 13, 1888, also contained other provisions relating to duties of former Commissioner of Labor to ascertain cost of producing, in leading countries, articles dutiable in United States, comparative cost of living, etc., which have been omitted from this section because of act Aug. 23, 1912, transferring those duties to Bureau of Foreign and Domestic Commerce. See note for 1912 Amendment. AMENDMENTS 1928-Act May 29, 1928, repealed provisions of this section requiring reports to Congress on the investigations required by this section, and is authority for the omission of words "and report as to" following "ascertain” in first sentence and "and report thereon to Congress" at end of third sentence relating to information from foreign nations, and convict made goods. 1913-Act Mar. 4, 1913, is authority for the substitution of "Commissioner of Labor Statistics" for "Commissioner of Labor". 1912-Act Aug. 23, 1912, transferred the duty of Commissioner of Labor to ascertain the cost of producing, in leading countries, articles dutiable in the United States, the profits of the manufacturers and producers of such articles, the comparative cost of such articles, comparative cost of living in such countries, what articles are controlled by trusts and the effect they have on prices and production, to the Bureau of Foreign and Domestic Commerce. Text of said act is set out as section 172 of Title 15, Commerce and Trade. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of the Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. § 5. Bulletin as to labor conditions. The Commissioner of Labor Statistics is authorized to prepare and publish a bulletin of the Bureau of Labor Statistics, as to the condition of labor in this and other countries, condensations of State and foreign labor reports, facts as to conditions of employment, and such other facts as may be deemed of value to the industrial interests of the country. (Mar. 2, 1895, ch. 177, § 1, 28 Stat. 805; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737.) CODIFICATION Provision of act Mar. 2, 1895, as to printing of the bulletin for distribution is covered by section 270 of Title 44, Public Printing and Documents. AMENDMENTS 1913-Act Mar. 4, 1913, is authority for the substitution of "Commissioner of Labor Statistics" and "Bureau of Labor Statistics" for "Commissioner of Labor" and "Bureau of Labor", respectively. 1904-Act Mar. 18, 1904, changed the name of the Department of Labor to be Bureau of Labor. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of the Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. STATISTICS OF CITIES The Commissioner was authorized to compile, as part of the bulletin of the Department, an abstract of the main features of the official statistics of cities having over 30,000 population, by a provision of act July 1, 1898, ch. 546, § 1, 30 Stat. 648. § 6. Annual and special reports to President and Congress. The Commissioner of Labor Statistics shall annually make a report in writing to the President and Congress, of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the department. He is also authorized to make special reports on particular subjects whenever required to do so by the President or either House of Congress, or when he shall think the subjects in his charge require it. He shall, on or before the 15th day of December in each year, make a report in detail to Congress of all moneys expended under his direction during the preceding fiscal year. (June 13, 1888, ch. 389, § 8, 25 Stat. 183; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737.) AMENDMENTS 1913-Act Mar. 4, 1913, is authority for the substitution of "Commissioner of Labor Statistics" for "Commissioner of Labor". TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Labor and functions of all agencies and employees of the Department were, with the exception of the functions vested by the Administrative Procedure Act (section 1001 et seq. of Title 5, Executive Departments and Government Officers and Employees) in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 611 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES Congressional Record, bound copy to the Department of Labor, see section 183 of Title 44, Public Printing and Documents. Printing of reports, see section 271 of Title 44. |