this title upon such merchandise, and (3) that he will furnish to the collector 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. DUTIES OF APPRAISERS. To furnish necessary information, etc. Duties of appraisers. To estimate and re ports subject to special SEC. 209. That in the case of all imported merchandise, whether port foreign market dutiable or free of duty, of a class or kind as to which the Secretary value, price, etc., of imhas made public a finding as provided in section 201, and as to which duty. the appraiser or person acting as appraiser has made no appraisement Ante, p. 11. report to the collector before such finding has been so made public, it shall be the duty of each appraiser or person acting as appraiser, by all reasonable ways and means to ascertain, estimate, and appraise (any invoice or affidavit thereto or statement of cost of production to the contrary notwithstanding) and report to the collector the foreign market value or the cost of production, 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 this title. APPEALS AND PROTESTS. Appeals and protests. Action of appraisers and collectors subject SEC. 210. That for the purposes of this title the determination of the appraiser or person acting as appraiser as to the foreign market to right of. value or the cost of production, as the case may be, the purchase price, and the exporter's sales price, and the action of the collector in assessing special dumping duty, shall have the same force and effect and be subject to the same right of appeal and protest, under the same conditions and subject to the same limitations; and the general appraisers, the Board of General Appraisers, and the Court of Customs Appeals shall have the same jurisdiction, powers, and duties in connection with such appeals and protests as in the case of appeals and protests relating to customs duties under existing law. DRAWBACKS. SEC. 211. That the special dumping duty imposed by this title shall be treated in all respects as regular customs duties within the meaning of all laws relating to the drawback of customs duties. SHORT TITLE. Jurisdiction of gerin existing laws. eral appraisers, etc., as Drawbacks. Usual allowances for. SEC. 212. That this title may be cited as the "Antidumping Act, Title of Act. 1921." TITLE III.-ASSESSMENT OF AD VALOREM DUTIES. Assessment of ad valorem duties. No assessment on SEC. 301. That whenever merchandise which is imported into the less than export value. United States is subject to an ad valorem rate of duty or to a duty based upon or regulated in any manner by the value thereof, duty shall in no case be assessed on a value less than the export value of such merchandise. EXPORT VALUE. Export value. Wholesale price in SEC. 302. That for the purposes of this title the export value of principal market of imported merchandise shall be the price, at the time of exportation country of export at of such merchandise to the United States, at which such or similar mine. merchandise is sold or freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, for exporta included. ment ducted. Packing, etc., costs tion to 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 Import duties, ship- ready for shipment to the United States, less the amount, if any, charges, etc., de- 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 exporExport tax added. tation to the place of delivery in the United States, and plus, if not included in such price, the amount of any export tax imposed by the country of exportation on merchandise exported to the United States. "Value." In appraising imports, to mean market, or export, whichever is higher. Forfeitures sales, drawbacks, ete., excepted. R. S., secs. 2874, 2976, 3016, pp. 566, 574, 581.' Vol. 39, p. 798. Of component ma terial determined by Tariff Act of 1913. REFERENCES TO "VALUE" IN EXISTING LAW. SEC. 303 (a). That wherever in Title I of this Act, or in the Tariff Act of 1913, as amended, or in any law of the United States in existence at the time of the enactment of this Act relative to the appraisement of imported merchandise (except sections 2874, 2976, and 3016 of the Revised Statutes, and section 801 of the Revenue Act of 1916), reference is made to the value of imported merchandise (irrespective of the particular phraseology used and irrespective of whether or not such phraseology is limited or qualified by words referring to country or port of exportation or príncipal markets) such reference. shall, in respect to all merchandise imported on or after the day this Act takes effect, be construed to refer, except as provided in subdivision (b), to actual market value as defined by the law in existence at the time of the enactment of this Act, or to export value as defined by section 302 of this Act, whichever is higher. (b) If the rate of duty upon imported merchandise is in any manner Vol. 38, pp. 114-202. dependent upon the value of any component material thereof, such value shall be an amount determined under the provisions of the Tariff Act of 1913, as in force prior to the enactment of this Act. Definition. "Tariff Act of 1913." Meaning declared. Vol. 38, pp. 114-202. General provisions. Statements in in voice. Additional required, including as to currency used. Statements at time of entry. Additional, as prescribed by regulations. DEFINITIONS. SEC. 304. That when used in this title the term "Tariff Act of 1913" means the Act entitled "An Act to reduce tariff duties and provide revenue for the Government, and for other purposes," approved October 3, 1913. TITLE IV.-GENERAL PROVISIONS. STATEMENTS IN INVOICE. SEC. 401. That all invoices of imported merchandise, and all statements in the form of an invoice, in addition to the statements required by law in existence at the time of the enactment of this Act, shall contain such other statements as the Secretary may by regulation prescribe, and a statement as to the currency in which made out, specifying whether gold, silver, or paper. STATEMENTS AT TIME OF ENTRY. SEC. 402. That the owner, importer, consignee, or agent, making entry of imported merchandise, shall set forth upon the invoice, or statement in the form of an invoice, and in the entry, in addition. to the statements required by the law in existence at the time of the enactment of this Act, such statements, under oath if required, as the Secretary may by regulation prescribe. CONVERSION OF CURRENCY. Conversion of cur rency. Foreign coins. SEC. 403. (a) That section 25 of the Act of August 27, 1894, Vol. 28, entitled "An Act to reduce taxation, to provide revenue for the amended. Government, and for other purposes," is amended to read as follows: p. 552, "SEC. 25. That the value of foreign coin as expressed in the money States money. Value in United of account of the United States shall be that of the pure metal of such coin of standard value; and the values of the standard coins in circu- Quarterly circular lation of the various nations of the world shall be estimated quarterly estimating, to be proby the Director of the Mint and be proclaimed by the Secretary of the Treasury quarterly on the first day of January, April, July, and October in each year." claimed. Duties to be assessed for quarter in which (b) For the purpose of the assessment and collection of duties on values in circular upon merchandise imported into the United States on or after the day export made. of the enactment of this Act, wherever it is necessary to convert foreign currency into currency of the United States, such conversion, except as provided in subdivision (c), shall be made at the values proclaimed by the Secretary under the provisions of section 25 of such Act of August 27, 1894, for the quarter in which the merchandise was exported. New York buying over 5 per cent from (c) If no such value has been proclaimed, or if the value so pro-rate, if value not proclaimed varies by 5 per centum or more from a value measured claimed or varying by the buying rate in the New York market at noon on the day of it. exportation, conversion shall be made at a value measured by such Method of determinbuying rate. For the purposes of this subdivision such buying rate ing buying rate. shall be the buying rate for cable transfers payable in the foreign currency so to be converted; and shall be determined by the Federal Reserve Bank of New York and certified daily to the Secretary, who shall make it public at such times and to such extent as he deems necessary. In ascertaining such buying rate such Federal Reserve ascertaining. Bank may in its discretion (1) take into consideration the last ascertainable transactions and quotations, whether direct or through the exchange of other currencies, and (2) if there is no market buying rate for such cable transfers, calculate such rate from actual transactions and quotations in demand or time bills of exchange. (d) Sections 2903 and 3565 of the Revised Statutes are repealed. (e) Section 25 of such Act of August 27, 1894, as in force prior to the enactment of this Act, and section 2903 of the Revised Statutes, shall remain in force for the assessment and collection of duties on merchandise imported into the United States prior to the day of the enactment of this Act. INSPECTION OF EXPORTER'S BOOKS. Considerations for Depreciated currency and pound sterling provisions pealed. re R.S., secs. 2903, 3565, pp. 563, 703, repealed. In force for imports prior hereto. Exporter's books, etc. Appraising officer to tion of, pertaining to SEC. 404. That if any person manufacturing, producing, selling, be permitted inspecshipping, or consigning merchandise exported to the United States market value, etc., of fails, at the request of the Secretary, or an appraiser, or person goods exported. acting as appraiser, or a collector, or a general appraiser, or the Board of General Appraisers, as the case may be, to permit a duly accredited officer of the United States to inspect his books, papers, records, accounts, documents, or correspondence, pertaining to the market value or classification of such merchandise, then while such failure ited on failure. continues the Secretary, under regulations prescribed by him, (1) shall prohibit the importation into the United States of merchandise Importation prohib manufactured, produced, sold, shipped or consigned by such person, Delivery thereof to and (2) may instruct the collectors to withhold delivery of merchan- be withheld. dise manufactured, produced, sold, shipped or consigned by such 45691°-21- -2 failure continues one year. Forfeiture and sale if person. If such failure continues for a period of one year from the date of such instructions the collector shall cause the merchandise, unless previously exported, to be sold at public auction as in the case of forfeited merchandise. Importer's books, etc. Appraising officer to be permitted inspec value of imported goods, etc. prohibited on failure. INSPECTION OF IMPORTER'S BOOKS. SEC. 405. That if any person importing merchandise into the tion of, pertaining to United States or dealing in imported merchandise fails, at the request of the Secretary, or an appraiser, or person acting as appraiser, or a collector, or a general appraiser, or the Board of General Appraisers, as the case may be, to permit a duly accredited officer of the United States to inspect his books, papers, records, accounts, documents, or correspondence, pertaining to the value or classification of such by, merchandise, then while such failure continues the Secretary, under regulations prescribed by him, (1) shall prohibit the importation of merchandise into the United States by or for the account of such person, and (2) shall instruct the collectors to withhold delivery of merchandise imported by or for the account of such person. If such failure continues for a period of one year from the date of such instructions the collector shall cause the merchandise, unless previously exported, to be sold at public auction as in the case of forfeited merchandise. Delivery to be withheld. Sale if failure continues one year. Definitions. Construction of terms used. "Person." "United States." DEFINITIONS. SEC. 406. That when used in Title II or Title III or in this titleThe term "person" includes individuals, partnerships, corporations, and associations; and The term "United States" includes all Territories and possessions Island possessions subject to the jurisdiction of the United States, except the Philippine Islands, the Virgin Islands, the islands of Guam and Tutuila, and the Canal Zone. and Canal Zone excepted. Specified imports forbidden entry months. Post, pp. 191, 220. or RULES AND REGULATIONS. SEC. 407. That the Secretary shall make rules and regulations necessary for the enforcement of this Act. TITLE V.-DYES AND CHEMICALS. SEC. 501. (a) That on and after the day following the enactment delivery for three of this Act, for the period of three months, no sodium nitrite, no dyes or dyestuffs, including crudes and intermediates, no product or products derived directly or indirectly from coal tar (including crudes, intermediates, finished or partly finished products, and mixtures and compounds of such coal-tar products), and no synthetic organic drugs or synthetic organic chemicals, shall be admitted to entry or delivered from customs custody in the United States or in any of its Conditions allowing possessions unless the Secretary determines that such article or a satisfactory substitute therefor is not obtainable in the United States or in any of its possessions in sufficient quantities and on reasonable terms as to quality, price and delivery, and that such article in the quantity to be admitted is required for consumption by an actual consumer in the United States or in any of its possessions within six months after receipt of the merchandise. admission. War Trade Board Section, State Department, abolished. Personnel, etc., (b) Upon the day following the enactment of this Act the War Trade Board Section of the Department of State shall cease to exist; transferred to Treas all clerks and employees of such War Trade Board Section shall be transferred to and become clerks and employees of the Treasury Department and all books, documents, and other records relating to such dye and chemical import control of such War Trade Board ury Department. Post, p. 192. Prior licenses to continue. Funds, etc., trans Section shall become books, documents and records of the Treasury SEC. 502. That this title may be cited as the "Dye and Chemical Approved, May 27, 1921. Title declared. : CHAP. 15.—An Act To extend the time for the construction of a bridge across the Red River of the North, at or near the city of Pembina, North Dakota. May 31, 1921. [8.82.] [Public, No. 11.] Red River of the Vol.41, p. 947, amend Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the times for com- North. mencing and completing the construction of a bridge and approaches Time extended for thereto authorized by the Act of Congress approved June 5, 1920, Dak. to be constructed by the counties of Pembina, North Dakota, and ed." Kittson, Minnesota, across the Red River of the North at a point suitable to the interests of navigation at or near the city of Pembina, North Dakota, are hereby extended one and three years, respectively, from the date of approval hereof. SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, May 31, 1921. CHAP. 16.-An Act Authorizing the construction, maintenance, and operation of a private drawbridge over and across Lock Numbered Four of the canal and locks, Willamette Falls, Clackamas County, Oregon. May 31, 1921. (H. R. 2173.] [Public, No. 12.] Willamette Falls Crown Willamette Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Crown Willamette canal, Oreg Paper Company, a corporation, is hereby authorized, subject to the Paper Company may approval of the Chief of Engineers and Secretary of War, and to such bridge Lock No. 4. conditions as they may prescribe, to construct, maintain, and operate a private drawbridge, connecting the units of its industrial plant, over and across Lock Numbered Four of the canal and locks, Willamette Falls, Clackamas County, Oregon, and to use the canal right of way for abutments or other construction work, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March 23, 1906. SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, May 31, 1921. Construction. CHAP. 17.-Joint Resolution For the relief of sufferers in Colorado from the flood due to the overflow of the Arkansas River and its tributaries. June 8, 1921. [H. J. Res. 148.) [Pub. Res., No. 5.]** Arkansas River furnished sufferers Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War floods in Colorado. is hereby authorized and directed to take such temporary sanitary my supplies to be measures as he may deem necessary and to furnish subsistence and from. quartermaster supplies belonging to the Military Establishment and available, and issue the same to such destitute persons in Colorado as |