Page:United States Statutes at Large Volume 46 Part 1.djvu/746

 S EVE NTY -FI RST C ONGRESS. SEss. II. CH. 497. 1930 . 703 (4) The t erm "c ost of pro duc tio n", whe n a ppl ied wit h T9RIFF COMMISSION. Cost of produe- respect to either a domestic article or a foreign article, includes, tion ." for a period which is representative of conditions in produc- tion of the article : (A) The price or cost of materials, labor Materials, labor, etc' costs, and other direct charges incurred in the production of the article and in the processes or methods employed in its prciduction ; (B) the usual general expenses, including charges General expenses . for depreciation or depletion which are representative of the equipment and property employed in the production of the article and charges for rent or interest which are representa- tive o f the co st of ob taining capital or instr uments o f produc - tion ; and (C) the co st of containers and coverings of what- etc o ntain ers, pack ing, ever nature, and other costs, charges, and expenses incident to placing the article in condition packed ready for delivery . (i) RULES AND REGULATIONS OF PRESIDENT.-The President is Rules by President, authorized. authorized to make all needful rules and regulations for carrying out his functions under the provisions of this section. (j) RULES AND REG ULAT ION S OF SECRETARY OF TREASURY .-The Rules, etc , of entry, etc , of articles affected Secretary of the Treasury is authorized to make such rules and reg- hereby. ulations as he may deem necessary for the entry and declaration of foreign articles of the class or kind of articles with respect to whi ch a change in ba sis of value has been made under the provi- sions of subdivision (b) of this section, and for the form of invoice required at time of entry. (k) INVESTIGATIONS PRIOR TO ENACTMENT OF ACT.-All un com- Prior investigations dismi ssed with out p rej- pleted investigations instituted prior to the approval of this Act udice. under the provisions of section 315 of the Tariff Act of 1922, Vol.42, p. 941. including investigations in which the President has not proclaimed changes in class ification or in basis of value o r increases or de creases in rates of duty, shall be dismissed without prejudice ; but the infor- Information may be mation and evidence secured by the commission in any such investi- used. gation may be given due consideration in any investigation instituted under the provisions of this section. Unfair practices in SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. import trade . (a) UNFAIR METHODS OF COMPETITION DE CLA RED UNLAWFUL .- Unfair com peti tion and acts in importa- Unfair methods of competition and unfair acts in the importation of tions, unl awfu l. articles into the United States, or in their sale by the owner, importer, Methods designated. consigne e, or ag ent of e ither, t he effec t or tend ency of which is to destroy or substantially injure an industry, efficiently and economi- cally operated, in the United States, or to prevent the establishment of such an indus try, or to restr ain or m onopolize trade a nd comme rce in the United States, are hereby declared unlawful, and when found by the President to exist shall be dealt with, in addition to any other provisions of law, as hereinafter provided. (b) INVESTIGATIONS OF VIOLATIONS BY COMMISSION .-To assist the Investigations of vio- Presid ent i n mak ing an y dec isions under this section the commis- iations. sion is hereby authorized to investigate any alleged violation hereof on complaint under oath or upon its initiative. (C) HEARINGS AND REvIEw .-The commission shall ma ke such P ower conf erre d to conduct hearings, etc. investigation under and in accordance with such rules as it may promulgate and give such notice and afford such hearing, and when d eemed prope r by the co mmiss ion s uch re heari ng, w ith op portu nity to offer evidence, oral or written, as it may deem sufficient for a full presentation of the facts involved in such investigation. The testi- Transcript of find- ings, in every such investigation shall be reduced to writing, and a oo dtc., to be official transcript thereof with the findings and recommendation of the commission shall be the official record of the proceedings and findings

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