(10) The Joint Resolution entitled "Joint Resolution to prohibit the export of coal or other material used in war from any seaport of the United States," approved April 22, 1898 (No. 25, 30 Stat. 739): That the President is hereby authorized, in his discretion and with such limitations and exceptions as shall seem to him expedient, to prohibit the export of coal or other material used in war from any seaport of the United States until otherwise ordered by the President or by Congress. (11) The Joint Resolution entitled "Joint Resolution to amend the joint resolution to prohibit the export of coal or other material used in war from any seaport of the United States," approved March 14, 1912 (No. 10; 37 Stat. 630): The Joint Resolution in question amended the Joint Resolution referred to in paragraph (10) above, to read: That whenever the President shall find that in any American country conditions of domestic violence exist which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export, except under such limitations and exceptions as the President shall prescribe, any arms or munitions of war from any place in the United States to such country until otherwise ordered by the President or by Congress. President Wilson, by proclamation of July 12, 1919 (41 Stat. 1762), declared and proclaimed * * of that I have found that there exist in Mexico such conditions of domestic violence * as contemplated by the said joint resolution; and I do hereby admonish * * * every person to abstain from every violation * the joint resolution, hereby made applicable to Mexico (12) The Dye and Chemical Control Act, 1921, approved May 27, 1921 (c. 14, 42 Stat. 18): The importation, for a period of three months, of specified dyes and chemicals was prohibited, unless "the Secretary [of the Treasury] determines that such article or a satisfactory substitute therefor is not obtainable in the United States * * * in sufficient quantities and on reasonable terms as to quality, price, and delivery, and that such article * is required for consumption within six months after receipt." * * * * * * * (13) The Joint Resolution entitled "Joint Resolution to prohibit the exportation of arms or munitions of war from the United States to certain countries, and for other purposes," approved January 31, 1922 (c. 44, 42 Stat. 361): That whenever the President finds that in any American country, or in any country in which the United States exercises extraterritorial jurisdiction, conditions of domestic violence exist which are or may be promoted by the use of arms or munitions of war procured from the United States, and makes proclamation thereof, it shall be unlawful to export, except under such limitations and exceptions as the President prescribes, any arms or munitions of war * President Coolidge, in a proclamation of January 7, 1924, declared and proclaimed that I have found that there exist in Mexico such conditions of domestic violence * * * as contemplated by the said joint resolution; and I do hereby admonish * every person to abstain from every violation the joint resolution, hereby made applicable to Mexico * * *. * * * of A similar proclamation was issued as to Honduras, on March 22, 1924. (14) The Tariff Act of 1922, approved September 21, 1922 (c. 356, 42 Stat. 858, 937): Subdivision (a) of section 306 prohibits the importation of neat cattle and the hides of neat cattle. Subdivision (b) providesif the Secretary of Agriculture shall determine that such importation will not tend to the introduction or spread of contagious or infectious diseases among the cattle of the United States, he shall officially notify the Secretary of the Treasury and give public notice that the operation of subdivision (a) of this section shall be suspended * * * (15) Section 14 of the Act entitled "An Act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved August 10, 1917 (c. 53, 40 Stat. 276, 281): When the President finds that the importation into the United States of any wheat produced outside of the United States materially enhances or is likely materially to enhance the liabilities of the United States under guaranties of prices therefor made pursuant to this section, and ascertains what rate of duty, added to the then existing rate of duty on wheat and to the value of wheat at the time of importation, would be sufficient to bring the price thereof at which imported up to the price fixed therefor pursuant to the foregoing provisions of this section, he shall proclaim such facts, and thereafter there shall be levied, collected, and paid upon wheat when imported, in addition to the then existing rate of duty, the rate of duty so ascertained; but in no case shall any such rate of duty be fixed at an amount which will effect a reduction of the rate of duty upon wheat under any then existing tariff law of the United States. (16) Section 6 of the Act entitled "An Act to enable the President to carry out the price guaranties made to producers of wheat of the crops of nineteen hundred and eighteen and nineteen hundred and nineteen and to protect the United States against undue enhancement of its liabilities thereunder," approved March 4, 1919 (c. 125, 40 Stat. 1348, 1350-1351): That whenever the President shall find it essential in carrying out the guaran ies aforesaid, or to protect the United States against undue enhancement of its liabilities thereunder, and shall make proclamation thereof, it shall be unlawful to import into the United States from any country named in such proclamation, or to export from or ship from or take out of the United States to any country named in such proclamation, wheat, semolina, or wheat flour, except at such time or times, and under such regulations or orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, That no preference shall be given to the ports of one State over those of another. Any person who shall import, export, ship, or take out of the United States, or attempt to import, export, ship, or take out of the United States, any wheat, semolina, or wheat flour in violation of this section or of any regulation or order made hereunder, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine not exceeding $1,000: Provided further, That when the President finds that the importation into the United States of any wheat, semolina, or wheat flour produced outside of the United States materially enhances or is likely materially to enhance the liabilities of the United States under guaranties of prices therefor made pursuant to law, and ascertains what rate of duty, added to the then existing rate of duty on wheat and to the value of wheat, semolina, or wheat flour at the time of importation, would be sufficient to bring the price thereof at which imported up to the price fixed or prevailing under the direction of the President under or pursuant to this Act, he shall proclaim such facts, and thereafter there shall be levied, collected, and paid upon wheat, semolina, or wheat flour when imported in addition to the then existing rate of duty the rate of duty so ascertained; but in no case shall any such rate of duty be fixed at an amount which will effect a reduction of the rate of duty upon wheat, semolina, or wheat flour under any then existing tariff law of the United States. (17) The Narcotic Drugs Import and Export Act, approved May 26, 1922 (c. 202, 42 Stat. 596): A Federal Narcotic Control Board, composed of the Secretary of State, the Secretary of the Treasury, and the Secretary of Commerce is created. * * Subdivision (b) of section 2 makes it unlawful to "import or bring any narcotic drug into the United States *; except that such amounts of crude opium and coca leaves as the board finds to be necessary to provide for medical and legitimate use only, may be imported and brought into the United States regulations as the board shall prescribe." * * under such (18) Paragraph 706 of the Tariff Act of 1922 (c. 356, 42 Stat. 858, 891): The importation of meat is prohibited "unless the same is healthful, wholesome, and fit for human food, and contains no dye, chemical, preservative, or ingredient which renders the same unhealthful, unwholesome, and unfit for human food, and unless the same also complies with the rules and regulations made by the Secretary of Agriculture, " and after their importation into the United States such meats are made subject to the Meat Inspection Act (34 Stat. 674) and the Food and Drugs Act (34 Stat. 768). (19) The Act entitled "An Act to regulate foreign commerce by prohibiting the admission into the United States of certain adulterated grain and seeds unfit for seeding purposes," approved August 24, 1912 (c. 382, 37 Stat. 506): The importation of certain seeds which are adulterated or unfit for seeding purposes is prohibited. (20) The Plant Quarantine Act, approved August 20, 1912 (c. 308, 37 Stat. 315), as amended by the Act of March 4, 1913 (c. 145, 37 Stat. 828, 853), the Act of March 4, 1917 (c. 179, 39 Stat. 1134, 1165), and the Act of May 31, 1920 (c. 217, 41 Stat. 694, 726): Section 1 makes it unlawful for any person to import any nursery stock unless and until a permit has been issued by the Secretary of Agriculture. Section 5 provides that whenever the Secretary of Agriculture determines that the unrestricted importation of any plants other than nursery stock may result in the entry into the United States of injurious plant diseases or insect pests, he shall promulgate his determination, and until such promulgation is withdrawn the importation of the plants and plant products specified is prohibited. Under section 7 a similar power is given as to nursery stock or any other class of plants or plant products from a country where an injurious disease or insect infestation exists. (21) The Tea Inspection Act, approved March 2, 1899 (c. 378, 29 Stat. 604), as amended by the Act of May 16, 1908 (c. 170, 35 Stat. 163); and by the Agricultural Appropriation Act of May 31, 1920 (c. 217, 41 Stat. 694, 712): Section 1 prohibits the importation of any tea "which is inferior in purity, quality, and fitness for consumption to the standards provided in section 3 of this Act." Section 2 provides for the appointment of a United States Board of Tea Appeals (now composed of three employees of the Department of Agriculture). Upon a recommendation of the board, the Secretary of the Treasury (now the Secretary of Agriculture), under section 3, "shall fix and establish uniform standards of purity, quality, and fitness for consumption of all kinds of teas imported into the 91358-26--PT 1-12 United States," and all teas "of inferior purity, quality, and fitness for consumption to such standards shall be deemed within the prohibition of the first section hereof." (22) The Insecticide Act of 1910 (c. 191, 36 Stat. 331): Section 2 prohibits the importation "of any insecticide, paris green, or lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this Act." (23) The Food and Drugs Act, approved June 30, 1906 (c. 3915, 34 Stat. 768) as amended by the Act of August 23, 1912 (c. 352, 37 Stat. 416); the Act approved March 3, 1913 (c. 117, 37 Stat. 732); and by the Act of July 24, 1919 (c. 26, 41 Stat. 234, 271): The importation" of any article of food or drugs which is adulterated or misbranded within the meaning of this Act, is hereby prohibited." STATUTES DELEGATING POWER TO IMPOSE ADDITIONAL OR COUNTERVAILING DUTIES. (1) The Act entitled "An Act to repeal so much of the several acts imposing duties on the tonnage of ships and vessels, and on goods, wares and merchandise, imported into the United States, as imposes a discriminating duty on tonnage, between foreign vessels and vessels of the United States, and between goods imported into the United States in foreign vessels and vessels of the United States,' approved March 3, 1815 (c. 77, 3 Stat. 224): The Act in question repealed certain acts imposing discriminatory duties on tonnagesuch repeal to take effect in favor of any foreign nation, whenever the President of the United States shall be satisfied that the discriminating or countervailing duties of such foreign nation * * * have been abolished. (2) The Act entitled "An Act to repeal the tonnage duties upon ships and vessels of the United States, and upon certain foreign vessels, approved May 31, 1830 (c. 219, 4 Stat. 425): Section 2 provides: That * * * all acts imposing duties upon the tonnage of ships * * of any foreign nation shall be repealed: Provided, That the President * * * shall be satisfied that the discriminating or countervailing duties of such foreign nation have been abolished. * * * (3) The Tariff Act of 1890, approved October 1, 1890 (c. 1244, 26 Stat. 567, 612): Sugar, molasses, coffee, tea, and hides were placed upon the free list. Section 3 then provided: * * * That with a view to secure reciprocal trade with countries producing the following articles, and for this purpose, * * * whenever, and so often as the President shall be satisfied that the Government of any country producing and exporting sugars, molasses, coffee, tea, and hides imposes duties or other exactions upon the agricultural or other products of the United States, which in view of the free introduction of such sugar, molasses, coffee, tea, and hides into the United States he may deem to be reciprocally unequal and unreasonable, he shall have the power and it shall be his duty to suspend, by proclamation to that effect, the provisions of this act relating to the free introduction of such sugar, molasses, coffee, tea, and hides, the production of such country, for such time as he shall deem just, and in such case and during such suspension duties shall be levied, collected, and paid upon sugar, molasses, coffee, tea, and hides, the product of or exported from such designated country as follows, * And the rates of duty were then prescribed. (See Field v. Clark, 1892, 143 U. S. 649.) (4) The Act entitled "An Act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes," approved June 26, 1884 (c. 121, 23 Stat. 53), section 14 (p. 57) imposed a tonnage duty of 3 cents per ton— Provided, That the President of the United States shall suspend the collection of so much of the duty herein imposed [on vessels from certain-named countries] as may be in excess of the tonnage and lighthouse dues, or other equivalent tax or taxes imposed on American vessels. * (5) The Revenue Act of 1916, approved September 8, 1916 (c. 463, 39 Stat. 756, 799): * * * * * SEC. 804. That whenever any country * shall prohibit the importa* * * of the United States * * tion of any article * the President shall have power to prohibit, during the period of such prohibition is in force, the importation into the United States of similar articles, or * other articles, the products of such country SEC. 805. That whenever during the existence of a war in which the United States is not engaged the President shall be satisfied that there is reasonable ground to believe that under the laws of any country contrary to the law and practice of nations, the importation article the product * * * of the United States * * * is prevented or restricted, the President is authorized and empowered to prohibit or restrict during the period such prohibition or restriction is in force, the importation into the United States of similar or other articles * * *. * * * * * * * * * of any (6) The Antidumping Act, 1921, approved May 27, 1921 (c. 14, 42 Stat. 9, 11): SEC. 201. (a) That whenever the Secretary of the Treasury finds that an industry of the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation into the United States of a class of * * * * foreign merchandise * * and that [such] merchandise is being sold or is likely to be sold * * * at less than its fair value, then he shall make such finding public to the extent he deems necessary. Subdivision (a) of section 202 then imposes a duty in an amount equal to the difference between the foreign market value and the price at which the merchandise is sold in the United States. (7) The Tariff Act of 1922, approved September 21, 1922 (c. 356, 42 Stat. 858): Section 303 (p. 935) provides that the Secretary of the Treasury shall ascertain the net amount of direct or indirect bounties paid by any foreign country, and such amount shall be paid upon the importation of any merchandise on the dutiable list imported from such country. Section 315 (p. 941) authorizes the President to ascertain differences in cost of production and to ascertain the amount of duty necessary to equalize the same. Thirty days after the proclamation the increase or decreased duties shall be levied, collected, and paid. Subdivision (b) authorizes the President to prescribe the American selling price when necessary to equalize costs of production. Increases or decreases of rates shall not exceed 50 per cent, and an article on the dutiable list can not be transferred to the free list, or vice versa. Section 316 (p. 943) authorizes the President to determine the rate of additional duty necessary to offset any unfair method of competition, and such additional duty is imposed. In extreme cases the President may exclude merchandise from entry into the United States. Section 317 (p. 944) authorizes the President to specify and declare a new or additional rate of duty necessary to offset any burden imposed by a foreign government upon the commerce of the United States, and such duty is imposed. |