Page:United States Statutes at Large Volume 53 Part 1.djvu/278

 CODIFICATION OF INTERNAL REVENUE LAWS content), by reason of the presence therein of an oil, fat, or grease which is a natural component of such article, merchandise, or com- bination and has never had a separate existence as an oil, fat, or grease; (d) Hempseed, 1.24 cents per pound; perilla seed, 1.38 cents per pound; kapok seed, 2 cents per pound; rapeseed, 2 cents per pound; and sesame seed, 1.18 cents per pound; (e) The tax on the articles described in this section shall apply only with respect to the importation of such articles after May 10, 1934. (f) The tax imposed under subsection (b) shall not apply to rape- seed oil imported to be used in the manufacture of rubber substitutes or lubricating oil, and the Commissioner of Customs shall, with the approval of the Secretary, prescribe methods and regulations to carry out this subsection. (g) The taxes imposed by section 2490 shall not apply to any article, merchandise, or combination, by reason of the presence therein of any coconut oil produceinn Guam or American Samoa, or any direct or indirect derivative of such oil. SEC. 2492. CONSTRUCTION OF TAXING PROVISION. Nothing in section 2491 shall be construed as imposing a tax in con- travention of an obligation undertaken in any trade agreement entered into prior to August 21, 1936, under the authority of section 350 of the Tariff Act of 1930, as amended, c. 474, 48 Stat. 943 (U. S . C., Title 19, § 1351), or as imposing a tax on the importation of glycerin or stearine pitch or on the importation of any article by reason of any component of such article derived directly or indirectly from a waste not named in section 2491. SEC. 2493. ASSESSMENT AND PAYMENT. The tax imposed under section 2490 shall be levied, assessed, col- lected, and paid in the same manner as a duty imposed by the Tariff Act of 1930, and shall be treated for the purposes of all provisions of law relating to the customs revenue as a duty imposed by such Act, except that- (1) the value on which such tax shall be based shall be the sum of (A) the dutiable value (under section 503 of such Act) of the article, plus (B) the customs duties, if any, imposed thereon under any provision of law; (2) for the purposes of section 489 of such Act (relating to addi- tional duties in certain cases of undervaluation) such tax shall not be considered an ad valorem rate of duty or a duty based upon or regulated in any manner by the value of the article and for the purposes of section 336 of such Act (the so-called flexible tariff pro- vision) such tax shall not be considered a duty; (3) such tax (except as specifically provided in section 2491 (g) with reference to certain products of Guam and American Samoa) shall be imposed in full notwithstanding any provision of law granting exemption from or reduction of duties to products of any possession of the United States. SEC. 2494. REGULATIONS. The Secretary shall prescribe and publish all needful rules and regu- lations for the enforcement of this chapter. 268

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