In order to put into force and effect the policy of Congress by this chapter intended, the commission (1) upon request of the President, or (2) upon resolution of either or both Houses of Congress, or (3) upon its own motion, or (4) when in the judgment of the commission there is good and sufficient reason therefor, upon application of any interested party, shall investigate the differences in the costs of production of any domestic article and of any like or similar foreign article. In the course of the investigation the commission shall hold hearings and give reasonable public notice thereof, and shall afford reasonable opportunity for parties interested to be present, to produce evidence, and to be heard at such hearings. The commission shall report to the President the results of the investigation and its findings with respect to such differences in costs of production. If the commission finds it shown by the investigation that the duties expressly fixed by statute do not equalize the differences in the costs of production of the domestic article and the like or similar foreign article when produced in the principal competing country, the commission shall specify in its report such increases or decreases in rates of duty expressly fixed by statute (including any necessary change in classification) as it finds shown by the investigation to be necessary to equalize such differences. In no case shall the total increase or decrease of such rates of duty exceed 50 per centum of the rates expressly fixed by statute.
The President shall by proclamation approve the rates of duty and changes in classification specified in any report of the commission under this section, if in his judgment such rates of duty and changes are shown by such investigation of the commission to be necessary to equalize such differences in costs of production.
Commencing thirty days after the date of any presidential proclamation of approval the increased or decreased rates of duty and changes in classification specified in the report of the commission shall take effect.
In ascertaining under this section the differences in costs of production, the commission shall take into consideration, in so far as it finds it practicable:
Any increased or decreased rate of duty or change in classification which has taken effect as above provided may be modified or terminated in the same manner and subject to the same conditions and limitations (including time of taking effect) as is provided in this section in the case of original increases, decreases, or changes.
Nothing in this section shall be construed to authorize a transfer of an article from the dutiable list to the free list or from the free list to the dutiable list, nor a change in form of duty. Whenever it is provided in any paragraph of Subtitle I of this chapter, or in any amendatory act, that the duty or duties shall not exceed a specified ad valorem rate upon the articles provided for in such paragraph, no rate determined under the provisions of this section upon such articles shall exceed the maximum ad valorem rate so specified.
For the purpose of this section-
The President is authorized to make all needful rules and regulations for carrying out his functions under the provisions of this section.
All uncompleted investigations instituted prior to June 17, 1930, under the provisions of sections 154 to 159 1 of this title, including investigations in which the President has not proclaimed changes in classification or increases or decreases in rates of duty, shall be dismissed without prejudice; but the information and evidence secured by the commission in any such investigation may be given due consideration in any investigation instituted under the provisions of this section.
1 See References in Text note below.
19 U.S.C. § 1336
June 17, 1930, ch. 497, title III, §336, 46 Stat. 701; Aug. 2, 1956, ch. 887, §2(d), 70 Stat. 946; Pub. L. 85-686Aug. 20, 1958, 72 Stat. 679; Pub. L. 96-39July 26, 1979, 93 Stat. 202.
REFERENCES IN TEXTSections 154 to 159 of this title, referred to in subsec. (k), were repealed by section 651(a)(1) of act June 17, 1930.
PRIOR PROVISIONSProvisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title III, §315, 42 Stat. 941. That section was superseded by section 336 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.
AMENDMENTS 1979-Subsec. (b). Pub. L. 96-39struck out subsec. (b) which related to the setting of ad valorem rates based upon the American selling price of domestic articles as would be necessary to equalize differences in the costs of production.Subsec. (c). Pub. L. 96-39substituted "changes in classification specified in any report" for "changes in classification and in basis of value specified in any report".Subsec. (d). Pub. L. 96-39substituted "changes in classification specified in the report" for "changes in classification or in basis of value specified in the report".Subsec. (f). Pub. L. 96-39substituted "change in classification which has taken effect" for "change in classification or in basis of value which has taken effect".Subsec. (j). Pub. L. 96-39struck out subsec. (j) which authorized the Secretary of the Treasury to make necessary rules and regulations for the entry and declaration of foreign articles with respect to which a change in the basis of value had been made.Subsec. (k). Pub. L. 96-39substituted "changes in classification or increases or decreases" for "changes in classification or in basis of value or increases or decreases".1958-Subsec. (a). Pub. L. 85-686 struck out provisions which authorized the commission to adopt such reasonable procedure and rules and regulations as it deemed necessary to execute its functions under this section. See sectionof this title.1956-Subsec. (b). Act Aug. 2, 1956, struck out "(as defined in section 1402(g))" after "selling price".
EFFECTIVE DATE OF 1979 AMENDMENTAmendment by Pub. L. 96-39 effective July 1, 1980, see section 204(a) of Pub. L. 96-39, set out as a note under sectionof this title.
EFFECTIVE DATE OF 1956 AMENDMENTAmendment by act Aug. 2, 1956, effective only as to articles entered, or withdrawn from warehouse, for consumption on or after thirtieth day following publication of the final list provided for in section 6(a) of said act, set out in note under sectionof this title, see section 8 of act Aug. 2, 1956, set out as an Effective Date note under section of this title.