Page:United States Statutes at Large Volume 46 Part 1.djvu/748

 SEVENTY-FIRST CONGRESS. SESS. II. CI-I. 497. 1930. 705 (1) Imposes, directly or indirectly, upon the disposition in -- u1 coMMission. If unreasonable or transportation in transit through or reexportation from such charges imposed on country of any article wholly or in part the growth or product American proodfuct o ther of the United States any unreasonable charge, exaction, regula- countries. tion, or limitation which is not equally enforced upon the like articles of every foreign country ; or (2) Discriminates in fact against the commerce of the United America n commerce discri minated aga inst States, directly or indirectly, by law or administrative regula- compared with that of tion or practice, by or in respect to any customs, tonnage, or other countries . port duty, fee, charge, exaction, classification, regulation, con- ditio n, re stric tion, or prohi bitio n, in such man ner a s to place the commerce of the United States at a disadvantage compa red wit h the commerce of any foreign country. (b) EXCLUSION FR OM IMPORTATION .-If at any time the President po cluion from im. shall find it to be a fact that any foreign country has not only crAuthorized c oti dies discriminated against the commerce of the United States, as afore- after issue of proclama. said, but has, after the issuance of a proclamation as authorized tics. in subdivision (a) of this section, maintained or increased its said discriminations against the commerce of the United States, the Presi- dent i s hereb y autho rized, if he deems it cons istent with t he int erests of the United States, to issue a further proclamation directing that such products of said country or such articles imported in its vessels as he shall d eem con sisten t with the pu blic in terest s shall be ex cluded from importation into the United States. (c) APPLICATION OF PROCLAMATION .-Any proclamation issued by ofp oclt of appl icat ion the President under the authority of this section shall, if he deems it consistent with the interests of the United States, extend to the whole of any foreign country or may be confined to any subdivision or subdivisions thereof ; and the President shall, whenever he deems t he pu blic inte rests requ ire, susp end, revok e, su pplem ent, or a mend any such pro clam atio n. (d) DUTIES TO OFF SET COMMERCIAL D ISA DV ANT AGE S :When ever comme rcial disa d , vantagese the President shall find as a fact that any foreign country places Proclamation ,new duti es, etc ., to offset any burden or disadvantage upon the commerce of the United States unequal burdens of by any of the unequal impositions or discriminations aforesaid, he American commerce. shall, when he finds that the public interest will be served thereby, by proclamation specify and declare such new or additional rate or rates of duty as he shall determine will offset such burden or disad- vantage, not to exceed 50 per centum ad valorem or its equivalent, Limitation. on any products of, or on articles imported in a vessel of, such for- eign country ; and thirty days after the da te of such proclamation there shall be levied, collected, and paid upon the articles enumerated d ~ollectlon of new in such proclamation when imported into the United States from such foreign country su ch new or additional rate or rates of duty o r, in case of artic les dec lared s ubject to exc lusion from i mporta tion Ex clusio ns. into the United States under the provision s of subdivision (b ) of this section, such articles shall be excluded from importation. (e) DUTIES TO OFFSET BENEFITS TO TH IRD CouNTRY .-Whenever Countervailing du- ties. th e Pres ident s hall f ind as a fact that a ny for eign co untry i mposes Presid ent au thorize d to proclaim, to offset a ny un equal impo sitio n or disc rimin ation as a fore said upon the d iscri mina tions . comm erce of the United States, or that any benefits accrue or are likely to accrue to any industry in any foreign country by reason of any such imposition or discrimination imposed by any foreign coun- try other than the foreign country in which such industry is located, and whenever the Pre side nt s hall de term ine that any new or add i- tional rate or rates of duty or any prohibition hereinbefore provided f or do not effec tivel y re move such impos ition or discr imina tion and that any benefits from any such imposition or discrimination accrue or are likely to accrue to any industry in any foreign country, he shall, when he finds that the public interest will be served thereby, 57894•--31--45

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