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absence of such value, than the constructed value), he shall forthwith publish notice of that fact in the Federal Register and shall authorize, under such regulations as he may prescribe, the withholding of appraisement reports as to such merchandise entered, or withdrawn from warehouse, for consumption, not more than one hundred and twenty days before the question of dumping has been raised by or presented to him or any person to whom authority under this section has been delegated, until the further order of the Secretary, or until the Secretary has made public a finding as provided for in subdivision (a) in regard to such merchandise.

(c) The Secretary, upon determining whether foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and the United States Tariff Commission, upon making its determination under subsection (a) of this section, shall each publish such determination in the Federal Register, with a statement of the reasons therefor, whether such determination is in the affirmative or in the negative. (May 27, 1921, ch. 14, § 201, 42 Stat. 11; Sept. 1, 1954, ch. 1213, title III, § 301, 68 Stat. 1138; Aug. 14, 1958, Pub. L. 85630, §§ 1, 4 (b), 72 Stat. 583, 585.)

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-630, § 1 (1), provided that where the Commissioners are evenly divided it shall be deemed that the Commission made an affirmative determination.

Subsec. (b). Pub. L. 85-630, §§ 1 (2), 4 (b), substituted "constructed value" for "cost of production", and inserted provisions requiring publication of notice in the Federal Register.

Subsec. (c). Pub. L. 85-630, § 1 (3), added subsec. (c). 1954 Act Sept. 1, 1954, transferred the injury determination authority from the Secretary of the Treasury to the Tariff Commission, provided that it be made within 3 months from the determination of the question of a dumping price by the Secretary, and provided that the Secretary's authority to withhold appraisement reports be limited to merchandise entered, or withdrawn from warehouse, for consumption not more than 120 days before the question of dumping was first raised.

EFFECTIVE DATE OF 1958 AMENDMENT Section 6 of Pub. L. 85-630 provided that: "The amendments made by this Act [adding section 170a of this title and amending this section and sections 161, 164, 165, 168, 169 and 171 of this title] shall apply with respect to all merchandise as to which no appraisement report has been made on or before the date of the enactment of this Act [August 14, 1958]; except that such amendments shall not apply with respect to any merchandise which

"(1) was exported from the country of exportation before the date of the enactment of this Act [August 14, 1958], and

"(2) is subject to a finding under the Antidumping Act, 1921 [sections 160-171 of this title], which (A) is outstanding on the date of enactment of this Act [August 14, 1958], or (B) was revoked on or before the date of the enactment of this Act [August 14, 1958], but is still applicable to such merchandise." EFFECTIVE DATE OF 1954 AMENDMENT

Section 601 of act Sept. 1, 1954, provided that: “Titles II, III, IV, and VI of this Act [which amended this section, sections 161 (a), 1001 (par. 1559) [repealed], 1201 (par. 1615 (g)) [repealed], 1441 (3), 1451, 1581 (d), 1605, 1607, 1610, 1612 of this title, section 545 of Title 18, section 91 of Title 46, sections 1421e and 1644 of Title 48, added sections 1301a [repealed] and 1595a of this title, and repealed section 483 of this title and section 106 of Title 46] shall be effective on and after the thirtieth day following the date of the enactment of this Act [Sept. 1, 1954]".

SHORT TITLE

Section 1 of act Sept. 1, 1954 provided that act Sept. 1, 1954, which added sections 1301a [repealed], 1595a of this title, amended sections 161, 1001 par. 1559 [repealed], 1201 par. 1615 [repealed], 1441, 1451, 1581, 1605, 1607, 1610, 1612 of this title, sections 545 of Title 18, Crimes and Criminal Procedure, 91 of Title 46, Shipping, 1421e, 1644 of Title 48, Territories and Insular Possessions, and enacted provisions set out as notes under this section and section 1332 of this title, may be cited as the "Customs Simplification Act of 1954."

ANTIDUMPING ACT UNAFFECTED BY TARIFF ACT OF 1930 Sections 160-171 were expressly excepted from repeal or amendment by section 651 (d) of the Tariff Act of 1930 (act June 17, 1930, ch. 497, 46 Stat. 763), which provided: "Nothing in this Act shall be construed to amend or repeal any of the following provisions of law: .. (5) the Antidumping Act, 1921 [sections 160-171 of this title]."

ANTIDUMPING ACT UNAFFECTED BY ACT AUGUST 2, 1956; REVIEW OF OPERATION OF ACT AND REPORT TO CONGRESS Section 5 of act Aug. 2, 1956, ch. 887, 70 Stat. 948, provided that: "Nothing in this Act [enacting provisions set out as notes under this section and sections 2, 1351, 1401a, and 1402 of this title, and enacting section 1401a of this title, amending pars. 27 (c) and 28 (c) of section 1001 of this title [repealed], sections 1402, 1500 (f), and 1583 of this title, and section 372 (c) of Title 31, Money and Finance, and repealing sections 12—18, 21-24, 26-28, 30, 40, 53-57, 59, 61, 62, 67, 376, 379, 390, 494, 526, 541, 542, 549, and 579 of this title, and section 711 (7) of Title 31, Money and Finance] shall be considered to repeal, modify, or supersede, directly or indirectly, any provision of the Antidumping Act, 1921, as amended [sections 160-171 of this title]. The Secretary of the Treasury, after consulting with the United States Tariff Commission, shall review the operation and effectiveness of such Antidumping Act and report thereon to the Congress within six months after the date of enactment of this Act [Aug. 2, 1956]. In that report, the Secretary shall recommend to the Congress any amendment of such Antidumping Act which he considers desirable or necessary to provide for greater certainty, speed, and efficiency in the enforcement of such Antidumping Act."

ADMINISTRATION OF THE ANTIDUMPING ACT, 1921, BY UNITED
STATES TARIFF COMMISSION; REPORT TO CONGRESS
Pub. L. 90-634, title II, § 201, Oct. 24, 1968, 82 Stat. 1347,
provided that:

"(a) Nothing contained in the International Antidumping Code, signed at Geneva on June 30, 1967, shall be construed to restrict the discretion of the United States Tariff Commission in performing its duties and functions under the Antidumping Act, 1921 [section 160 to 171 of this title], and in performing their duties and functions under such Act the Secretary of the Treasury and the Tariff Commission shall—

"(1) resolve any conflict between the International Antidumping Code and the Antidumping Act, 1921, in favor of the Act as applied by the agency administering the Act, and

"(2) take into account the provisions of the International Antidumping Code only insofar as they are consistent with the Antidumping Act, 1921, as applied by the agency administering the Act.

"(b) No later than August 1, 1969, the President shall submit to the House of Representatives and United States Senate a report for the period beginning on July 1, 1968, and ending on June 30, 1969, which shall

"(1) set out the text of all determinations made by the Secretary of the Treasury and the United States Tariff Commission under the Antidumping Act, 1921, in such period;

"(2) analyze with respect to each determination in such period the manner in which the Antidumping Act, 1921, has been administered to take into account the provisions of the International Antidumping Code;

"(3) summarize antidumping actions taken by other countries in such period against United States exports

and relate such actions to the provisions of the International Antidumping Code; and

"(4) include such recommendations as the President determines appropriate concerning the administration of the Antidumping Act, 1921."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 170a, 171, 172, 173 of this title. SPECIAL DUMPING DUTY

§ 161. Amount of duty to be collected; determination of foreign market value of goods.

(a) In the case of all imported merchandise, whether dutiable or free of duty, of a class or kind as to which the Secretary of the Treasury has made public a finding as provided for in section 160 of this title, entered, or withdrawn from warehouse, for consumption, not more than one hundred and twenty days before the question of dumping was raised by or presented to the Secretary or any person to whom authority under said section has been delegated, and as to which no appraisement has been made before such finding has been so made public, if the purchase price or the exporter's sales price is less than the foreign market value (or, in the absence of such value, than the constructed value) there shall be levied, collected, and paid, in addition to any other duties imposed thereon by law, a special dumping duty in an amount equal to such difference.

(b) In determining the foreign market value for the purposes of subsection (a) of this section, if it is established to the satisfaction of the Secretary or his delegate that the amount of any difference between the purchase price and the foreign market value (or that the fact that the purchase price is the same as the foreign market value) is wholly or partly due to

(1) the fact that the wholesale quantities, in which such or similar merchandise is sold or, in the absence of sales, offered for sale for exportation to the United States in the ordinary course of trade, are less or are greater than the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States),

or

(2) other differences in circumstances of sale,

(3) the fact that merchandise described in subdivision (C), (D), (E), or (F) of section 170a (3) of this title is used in determining foreign market value,

then due allowance shall be made therefor.

(c) In determining the foreign market value for the purposes of subsection (a) of this section, if it is established to the satisfaction of the Secretary or his delegate that the amount of any difference between the exporter's sales price and the foreign market value (or that the fact that the exporter's sales price is the same as the foreign market value) is wholly or partly due to

§ 161

(1) the fact that the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the United States in the ordinary course of trade, are less or are greater than the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States),

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1970 Subsec. (a). Pub. L. 91-271 struck out "report" following "as to which no appraisement". 1958 Subsec. (a). Pub. L. 85-630, § 4 (b), substituted "constructed value" for "cost of production".

Subsec. (b). Pub. L. 85-630, § 2, substituted "the Secretary or his delegate" for "appraising officers", "sold or, in the absence of sales, offered for sale" for "sold or freely offered for sale to all purchasers" in two instances, and "are less or are greater than the wholesale quantities" for "are greater than the wholesale quantities", inserted "(or that the fact that the purchase price is the same as the foreign market value)" preceding "is wholly or partly due", and authorized consideration of other differences in circumstances of sale, and the fact that merchandise described in section 170a (3) (C), (D), (E), or (F) of this title is used in determining foreign market value.

Subsec. (c). Pub. L. 85-630, § 2, substituted "the Secretary or his delegate" for "appraising officers", "sold or in the absence of sales, offered for sale" for "sold or freely offered for sale to all purchasers" in two instances, and "are less or are greater than the wholesale quantities" for "are greater than the wholesale quantities", inserted "(or that the fact that the exporter's sales price is the same as the foreign market value)" preceding "is wholly or partly due", and authorized consideration of other differences in circumstances of sale, and the fact that merchandise described in section 170a (3) (C), (D), (E), or (F) of this title is used in determining foreign market value.

1954 Subsec. (a). Act Sept. 1, 1954, provided that duty be applicable only to unappraised entries first entered, or withdrawn from warehouse, for consumption, within 120 days before the question of dumping was first raised by or presented to the Secretary of the Treasury. EFFECTIVE DATE OF 1970 AMENDMENT

Amendment to take effect with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note under section 1500 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

For provisions relating to effective date and applicability of the amendment to this section by Pub. L. 85-630, see section 6 of Pub. L. 85-630, set out as a note under section 160 of this title.

EFFECTIVE DATE OF 1954 AMENDMENT Amendment of subsec. (a) by act Sept. 1, 1954, as effective on and after the thirtieth day following Sept. 1, 1954, see note set out under section 160 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 162, 163, 164, 165, 166, 167, 168, 169, 170, 170a, 171, 172, 173 of this title. PURCHASE PRICE

§ 162. Purchase price.

For the purposes of sections 160 to 171 of this title, the purchase price of imported merchandise shall be the price at which such merchandise has been purchased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the merchandise is imported, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States; and plus the amount, if not included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller, in respect to the manufacture, production, or sale of the merchandise, which have been rebated, or which have not been collected, by reason of the exportation of the merchand'se to the United States. (May 27, 1921, ch. 14, § 203, 42 Stat. 12.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 163, 164, 165, 166, 167, 168, 169, 170, 170a, 171, 172, 173 of this title.

EXPORTER'S SALES PRICE

§ 163. Determination of exporter's sales price.

For the purposes of sections 160 to 171 of this title, the exporter's sales price of imported merchandise shall be the price at which such merchandise is sold or agreed to be sold in the United States, before or after the time of importation, by or for the account of the exporter, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less (1) the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States, (2) the amount of the commissions, if any, for selling in the United States the particular merchandise under consideration, (3) an

amount equal to the expenses, if any, generally incurred by or for the account of the exporter in the United States in selling identical or substantially identical merchandise, and (4) the amount of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller in respect to the manufacture, production, or sale of the merchandise, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States. (May 27, 1921, ch. 14, § 204, 42 Stat. 13.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 162, 164, 165, 166, 167, 168, 169, 170, 170a, 171, 172, 173 of this title. FOREIGN MARKET VALUE

§ 164. Determination of foreign market value.

For the purposes of sections 160 to 171 of this title the foreign market value of imported merchandise shall be the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, or if the Secretary determines that the quantity sold for home consumption is so small in relation to the quantity sold for exportation to countries other than the United States as to form an inadequate basis for comparison, then the price at which so sold or offered for sale for exportation to countries other than the United States), plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for shipment to the United States, except that in the case of merchandise purchased or agreed to be purchased by the person by whom or for whose account the merchandise is imported, prior to the time of exportation, the foreign market value shall be ascertained as of the date of such purchase or agreement to purchase. In the ascertainment of foreign market value for the purposes of sections 160 to 171 of this title no pretended sale or offer for sale, and no sale or offer for sale intended to establish a fictitious market, shall be taken into account. If such or similar merchandise is sold or, in the absence of sales, offered for sale through a sales agency or other organization related to the seller in any of the respects described in section 166 of this title, the prices at which such or similar merchandise is sold or, in the absence of sales, offered for sale by such sales agency or other organization may be used in determining the foreign market value. (May 27, 1921, ch. 14, § 205, 42 Stat. 13; Aug. 14, 1958, Pub. L. 85-630, § 3, 72 Stat. 584.)

AMENDMENTS

1958-Pub. L. 85-630 substituted "sold or, in the absence of sales, offered for sale" for "sold or freely offered for sale to all purchasers", and inserted provisions authorizing the Secretary to base foreign market value on the price for exportation to countries other than the United States when he determines that the quantity sold for home consumption is so small as to form an inadequate basis for comparison, and permitting, in cases where merchandise is sold or offered for sale through a sales agency or other organization related to the seller, consideration of the prices at which the merchandise is sold, or offered for sale, by the sales agency or other organization.

EFFECTIVE DATE OF 1958 AMENDMENT

For provisions relating to effective date and applicability of the amendment to this section by Pub. L. 85630, see section 6 of Pub. L. 85-630, set out as a note under section 160 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 162, 164, 165, 166, 167, 168, 169, 170, 170a, 171, 172, 173 of this title. CONSTRUCTED VALUE

§ 165. Constructed value.

(a) Determination.

For the purposes of sections 160 to 171 of this title, the constructed value of imported merchandise shall be the sum of—

(1) the cost of materials (exclusive of any internal tax applicable in the country of exportation directly to such materials or their disposition, but remitted or refunded upon the exportation of the article in the production of which such materials are used) and of fabrication or other processing of any kind employed in producing such or similar merchandise, at a time preceding the date of exportation of the merchandise under consideration which would ordinarily permit the production of that particular merchandise in the ordinary course of business;

(2) an amount for general expenses and profit equal to that usually reflected in sales of merchandise of the same general class or kind as the merchandise under consideration which are made by producers in the country of exportation, in the usual wholesale quantities and in the ordinary course of trade, except that (A) the amount for general expenses shall not be less than 10 per centum of the cost as defined in paragraph (1), and (B) the amount for profit shall not be less than 8 per centum of the sum of such general expenses and cost; and

(3) the cost of all containers and coverings of whatever nature, and all other expenses incidental to placing the merchandise under consideration in condition, packed ready for shipment to the United States.

(b) Transactions disregarded; best evidence.

For the purposes of this section, a transaction directly or indirectly between persons specified in any one of the paragraphs in subsection (c) of this section may be disregarded if, in the case of any element of value required to be considered, the amount representing that element does not fairly reflect the amount usually reflected in sales in the market under consideration of merchandise of the same general class or kind as the merchandise under consideration. If a transaction is disregarded

under the preceding sentence and there are no other transactions available for consideration, then the determination of the amount required to be considered shall be based on the best evidence available as to what the amount would have been if the transaction had occurred between persons not specified in any one of the paragraphs in subsection (c) of this section.

(c) Persons involved in disregarded transactions. The persons referred to in subsection (b) of this section are:

(1) Members of a family, including brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants;

(2) Any officer or director of an organization and such organization;

(3) Partners;

(4) Employer and employee;

(5) Any person directly or indirectly owning, controlling, or holding with power to vote, 5 per centum or more of the outstanding voting stock or shares of any organization and such organization; and

(6) Two or more persons directly or indirectly controlling, controlled by, or under common control with, any person.

(May 27, 1921, ch. 14, § 206, 42 Stat. 213; Aug. 14, 1958, Pub. L. 85-630, § 4 (a), 72 Stat. 584.)

AMENDMENTS

1958 Subsec. (a), formerly entire section, so designated by Pub. L. 85-630, and amended by substituting "constructed value" for "cost of production", and inserting provisions excluding from consideration in determining cost of materials any internal tax applicable in the country of exportation directly to the materials or their disposition, but remitted or refunded upon the exportation of the article in the production of which the materials are used.

Subsecs. (b) and (c). Pub. L. 85-630 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1958 AMENDMENT

For provisions relating to effective date and applicability of the amendment to this section by Pub. L. 85-630, see section 6 of Pub. L. 85-630, set out as a note under section 160 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 160, 162, 163, 164, 166, 167, 168, 169, 170, 170a, 171, 172, 173 of this title. EXPORTER

§ 166. Exporter defined.

For the purposes of sections 160 to 171 of this title, the exporter of imported merchandise shall be the person by whom or for whose account the merchandise is imported into the United States:

(1) If such person is the agent or principal of the exporter, manufacturer, or producer; or

(2) If such person owns or controls, directly or indirectly, through stock ownership or control or otherwise, any interest in the business of the exporter, manufacturer, or producer; or

(3) If the exporter, manufacturer, or producer owns or controls, directly or indirectly, through stock ownership or control or otherwise, any interest in any business conducted by such person;

or

(4) If any person or persons, jointly or severally, directly or indirectly, through stock ownership or control or otherwise, own or control in the aggregate 20 per centum or more of the voting power or control in the business carried on by the person by whom or for whose account the merchandise is imported into the United States, and also 20 per centum or more of such power or control in the business of the exporter, manufacturer, or producer.

(May 27, 1921, ch. 14, § 207, 42 Stat. 14.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 160, 162, 163, 164, 105, 167, 168, 169, 170, 170a, 171, 172, 173 of this title. OATHS AND BONDS ON ENTRY

§ 167. Oath and bond of person for whose account merchandise is imported before delivery thereof.

In the case of all imported merchandise, whether dutiable or free of duty, of a class or kind as to which the Secretary of the Treasury has made public a finding as provided in section 160 of this title, and delivery of which has not been made by the appropriate customs officer before such finding has been so made public, unless the person by whom or for whose account such merchandise is imported makes oath before such customs officer, under regulations prescribed by the Secretary, that he is not an exporter, or unless such person declares under oath at the time of entry, under regulations prescribed by the Secretary, the exporter's sales price of such merchandise, it shall be unlawful for such customs officer to deliver the merchandise until such person has made oath before such customs officer, under regulations prescribed by the said Secretary, that the merchandise has not been sold or agreed to be sold by such person, and has given bond to such customs officer, under regulations prescribed by the Secretary, with sureties approved by such customs officer, in an amount equal to the estimated value of the merchandise, conditioned: (1) That he will report to such customs officer the exporter's sales price of the merchandise within thirty days after such merchandise has been sold or agreed to be sold in the United States; (2) that he will pay on demand from such customs officer the amount of special dumping duty, if any, imposed by sections 160 to 171 of this title, upon such merchandise; and (3) that he will furnish to such customs officer such information as may be in his possession and as may be necessary for the ascertainment of such duty, and will keep such records as to the sale of such merchandise as the Secretary may by regulation prescribe. (May 27, 1921, ch. 14, § 208, 42 Stat. 14; June 2, 1970, Pub. L. 91-271, title III, § 312, 84 Stat. 292.)

AMENDMENT

1970-Pub. L. 91-271 substituted references to the appropriate customs officer or such customs officer for references to the collector wherever appearing therein.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment to take effect with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note under section 1500 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 160, 162, 163, 164, 165, 166, 168, 169, 170, 170a, 171, 172, 173 of this title. DUTIES OF CUSTOMS OFFICERS

§ 168. Appraisal.

In the case of all imported merchandise, whether dutiable or free of duty, of a class or kind as to which the Secretary of the Treasury has made public a finding as provided in section 160 of this title, and as to which the appropriate customs officer has made no appraisement before such finding has been so made public, it shall be the duty of such customs officer, by all reasonable ways and means to ascertain, estimate, and appraise (any invoice or affidavit thereto or statement of constructed value to the contrary notwithstanding) and the foreign market value or the constructed value, as the case may be, the purchase price, and the exporter's sales price, and any other facts which the Secretary may deem necessary for the purposes of sections 160 to 171 of this title. (May 27, 1921, ch. 14, § 209, 42 Stat. 15; Aug. 14, 1958, Pub. L. 85-630, § 4 (b), 72 Stat. 585; June 2, 1970, Pub. L. 91-271, title III, § 313, 84 Stat. 292.)

AMENDMENTS

1970-Pub. L. 91-271 substituted references to the appropriate customs officer or such customs officer for references to the appraiser or person acting as appraiser wherever appearing therein, and struck out references to the report to the collector.

1958-Pub. L. 85-630 substituted "constructed value" for "cost of production".

EFFECTIVE DATE OF 1970 AMENDMENT Amendment to take effect with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91-271, set out as a note under section 1500 of this title.

EFFECTIVE Date of 1958 AMENDMENT

For provisions relating to effective date and applicability of the amendment to this section by Pub. L. 85-630, see section 6 of Pub. L. 85-630, set out as a note under section 160 of this title.

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of cus.. toms, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED ΤΟ IN OTHER SECTIONS This section is referred to in sections 160, 162, 163, 164, 165, 166, 167, 169, 170, 170a, 171, 172, 173 of this title.

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