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U.S. Code as of:
01/19/04
Section 1336. Equalization of costs of production
(a) Change of classification or duties
In order to put into force and effect the policy of Congress by
this chapter intended, the commission (1) upon request of the
President, or (2) upon resolution of either or both Houses of
Congress, or (3) upon its own motion, or (4) when in the judgment
of the commission there is good and sufficient reason therefor,
upon application of any interested party, shall investigate the
differences in the costs of production of any domestic article and
of any like or similar foreign article. In the course of the
investigation the commission shall hold hearings and give
reasonable public notice thereof, and shall afford reasonable
opportunity for parties interested to be present, to produce
evidence, and to be heard at such hearings. The commission shall
report to the President the results of the investigation and its
findings with respect to such differences in costs of production.
If the commission finds it shown by the investigation that the
duties expressly fixed by statute do not equalize the differences
in the costs of production of the domestic article and the like or
similar foreign article when produced in the principal competing
country, the commission shall specify in its report such increases
or decreases in rates of duty expressly fixed by statute (including
any necessary change in classification) as it finds shown by the
investigation to be necessary to equalize such differences. In no
case shall the total increase or decrease of such rates of duty
exceed 50 per centum of the rates expressly fixed by statute.
(b) Repealed. Pub. L. 96-39, title II, Sec. 202(a)(2)(A), July 26,
1979, 93 Stat. 202
(c) Proclamation by the President
The President shall by proclamation approve the rates of duty and
changes in classification specified in any report of the commission
under this section, if in his judgment such rates of duty and
changes are shown by such investigation of the commission to be
necessary to equalize such differences in costs of production.
(d) Effective date of rates and changes
Commencing thirty days after the date of any presidential
proclamation of approval the increased or decreased rates of duty
and changes in classification specified in the report of the
commission shall take effect.
(e) Ascertainment of differences in costs of production
In ascertaining under this section the differences in costs of
production, the commission shall take into consideration, in so far
as it finds it practicable:
(1) In the case of a domestic article
(A) The cost of production as hereinafter in this section
defined; (B) transportation costs and other costs incident to
delivery to the principal market or markets of the United States
for the article; and (C) other relevant factors that constitute
an advantage or disadvantage in competition.
(2) In the case of a foreign article
(A) The cost of production as hereinafter in this section
defined, or, if the commission finds that such cost is not
readily ascertainable, the commission may accept as evidence
thereof, or as supplemental thereto, the weighted average of the
invoice prices or values for a representative period and/or the
average wholesale selling price for a representative period
(which price shall be that at which the article is freely offered
for sale to all purchasers in the principal market or markets of
the principal competing country or countries in the ordinary
course of trade and in the usual wholesale quantities in such
market or markets); (B) transportation costs and other costs
incident to delivery to the principal market or markets of the
United States for the article; (C) other relevant factors that
constitute an advantage or disadvantage in competition, including
advantages 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 which has taken effect as above provided may be
modified or terminated in the same manner and subject to the same
conditions and limitations (including time 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 this section shall be construed to authorize a
transfer of an article from the dutiable list to the free list or
from the free list to the dutiable list, nor a change in form of
duty. Whenever it is provided in any paragraph of Subtitle I of
this chapter, or in any amendatory act, that the duty or duties
shall not exceed a specified ad valorem rate upon the articles
provided for in such paragraph, no rate determined under the
provisions of this section 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 growth
or product of a foreign country.
(2) The term "United States" includes the several States and
Territories and the District of Columbia.
(3) The term "foreign country" means any empire, country,
dominion, colony, or protectorate, or any subdivision or
subdivisions thereof (other than the United States and its
possessions).
(4) The term "cost of production", when applied with respect to
either a domestic article or a foreign article, includes, for a
period which is representative of conditions in production of the
article: (A) The price or cost of materials, labor costs, and
other direct charges incurred in the production of the article
and in the processes or methods employed in its production; (B)
the usual general expenses, including charges 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 representative of the cost of obtaining
capital or instruments of production; and (C) the cost of
containers and coverings of whatever 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 authorized to make all needful rules and
regulations for carrying out his functions under the provisions of
this section.
(j) Repealed. Pub. L. 96-39, title II, Sec. 202(a)(2)(D), July 26,
1979, 93 Stat. 202
(k) Investigations prior to June 17, 1930
All uncompleted investigations instituted prior to June 17, 1930,
under the provisions of sections 154 to 159 (!1) of this title,
including investigations in which the President has not proclaimed
changes in classification or increases or decreases in rates of
duty, shall be dismissed without prejudice; but the information and
evidence secured by the commission in any such investigation may be
given due consideration in any investigation instituted under the
provisions of this section.
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