Page:United States Statutes at Large Volume 46 Part 1.djvu/745

 702 T ARIFF COMMI SSION Changes effective in 30 days. Consi derat ion f or as - certaining costs of pro- duction. Domes tic a rticl es. Foreign articles. Modifications effec- tive the sam e as origi- nal change. Articles not transfer- able to dutiable and free lists. No specified ad valo - rem rate to be incr eased. Definitions. " Domes tic ar ticle " "F oreig n art icle ." "United States ." "Foreign country ." SEVENTY-FIRST C ONIRESS. SEss. II. CH. 497 . 1930 . (d) EFFECTIVE DATE OF RATES ADD CHANGES .-Commencing thirty days after the date of any presidential proclamation of approval the i ncreased or decreased rat es of duty and changes in classifica- tion or in basis of value spec ified in the report of the commission shall take effect. (e) ASCERTAINMENT OF DIFFERENCES IN COS TS OF PRODUCTION.- In asc ertai ning und er t his sect ion the d iffe renc es in co sts of pr oduc - tion, the commissio n shall take into conside ration, in so far as it fin ds it prac ticab le (1) IN THE CASE OF A DO MESTI C ARTIcIi .-(A) The co st of p rodu cti on as h erei naf ter in thi s se cti on defined ; (B) trans- portation cos ts and ot her co sts in cid ent to de liv ery to the principal market or markets of the United States for the article ; and (C) othe r r elev ant fa ctor s t hat con stit ute an adv anta ge or d isad van tage in competition. (2) IN THE CA SE OF A FOREIGN ARTICLE .-(A) The cost of pr oduc tion as here inaft er in th is s ecti on d efine d, or, if the co m- m issi on find s t hat suc h c ost is not rea dily as cert ain able , the commission may accept as evidence thereof, or as supplemental thereto, the weighted average of the invoice prices or values for a re pres ent ativ e period and/or the aver age who les ale sel l- ing price for a representative period (which price shall be that at wh ich the article is freely offered for sa le to all purchasers in the principal market or markets of the principal competing c oun try or countries in the ord ina ry cou rse of tr ade and in the usual wholesale quantities in such market or markets) ; (B) transportation costs and other costs incident to delivery to the pri nci pal market or m ark ets of the United Sta tes for the article ; (C) other relevant factors tha t constitute an advan- ta ge or disadv antag e in c ompeti tion, inclu ding a dvant ages granted to the foreign producers by a government, person, partnership, corporation, or association in a foreign country. (f) MODIFICATION OF CHANGES IN DUTY .-Any increased or decreased rate of duty or change in classification or in basis of value which has taken effect as above provided may be modified or termin ated in the sam e manner and sub ject to the same condit ions and limitations (including ti me of taking effect) as is provided in this section in the case of original increases, decreases, or changes. (g) PROHIBITION AGAINST TRANSFERS FROM THE FREE LIST TO THE DUTIABLE LIST OR FROM THE DUTIABLE LIST TO THE FREE LIST .- Nothing in th is section sh all be construed to authorize a transfer of an articl e from the d utiable list to the free l ist or from the free list to the dutiable list, nor a change in form of duty. Whenever it is provided in any paragraph of Title I of this Act, or in any amendatory Act, that the duty or duties shall not exceed a speci- fied ad valorem rate upon the articles provided for in such para- graph, no rate determ ined under the provisions of this sect ion upon such articles shall exceed the maximum ad valorem rate so specified. (h) DEFINITIONS .--For the purpose of this section- (1) The term " domestic article " means an article wholly or in part the growth or product of the United States and the term " foreign article " means an article wholly or in part the gro wth or produc t of a foreig n country. (2) The te rm "United States" includes the several States and Terri tories and the District of Columbia. (3) The term " fo reign countr y " means any empire, country, dominion, colony, or protectorate or any subdivision or sub- divisions thereof (other than the limited States and its posses- sions).

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