merchandise, conditioned: (1) that he will report to such customs officer the exporter's sales price of the merchandise within 30 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 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.

DUTIES OF APPRAISERS

SEC. 209.12 That in the case of all imported merchandise, whether dutiable or free of duty, of a class or kind as to which the Secretary has made public a finding as provided in section 201, 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) 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 this title.

APPEALS AND PROTESTS

SEC. 210.12 That for the purposes of this title the determination of the appropriate customs officer as to the foreign market value or the constructed value, as the case may be, the purchase price, and the exporter's sales price, and the action of such customs officer in assessing special dumping duty, shall have the same force and effect and be subject to the same right of 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 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.

DEFINITIONS

SEC. 212.13 For the purposes of this title

(1) The term "sold or, in the absence of sales, offered for sale" means sold or, in the absence of sales, offered

(A) to all purchasers at wholesale, or

(B) in the ordinary course of trade to one or more selected purchasers at wholesale at a price which fairly reflects the market value of the merchandise,

12 Public Law 91-271 substituted references to the "appropriate customs officer or such customs officer" for reference to the "collector" whenever appearing herein. Sec. 4(b) of Public Law 85-630 struck out "cost of production" and substituted "constructed value". 1 Added by sec. 5 of Public Law 85-630 (72 Stat. 585).

without regard to restrictions as to the disposition or use of the merchandise by the purchaser except that, where such restrictions are found to affect the market value of the merchandise, adjustment shall be made therefor in calculating the price at which the merchandise is sold or offered for sale.

(2) The term "ordinary course of trade" means the conditions and practices which, for a reasonable time prior to the exportation of the merchandise under consideration, have been normal in the trade under consideration with respect to merchandise of the same class or kind as the merchandise under consideration.

14

(3) The term "such or similar merchandise" means merchandise in the first of the following categories in respect of which a determination for the purposes of this title can be satisfactorily made:

(A) The merchandise under consideration and other merchandise which is identical in physical characteristics with, and was produced in the same country by the same person as, the merchandise under consideration.

(B) Merchandise (i) produced in the same country and by the same person as the merchandise under consideration, (ii) like the merchandise under consideration in component material or materials and in the purposes for which used, and (iii) approximately equal in commercial value to the merchandise under consideration.

(C) Merchandise (i) produced in the same country and by the same person and of the same general class or kind as the merchandise under consideration, (ii) like the merchandise under consideration in the purposes for which used, and (iii) which the Secretary or his delegate determines may reasonably be compared for the purposes of this title with the merchandise under consideration.

(4) The term "usual wholesale quantities", in any case in which the merchandise in respect of which value is being determined is sold in the market under consideration at different prices for different quantities, means the quantities in which such merchandise is there sold at the price or prices for one quantity in an aggregate volume which is greater than the aggregate volume sold at the price or prices for any other quantity.

SHORT TITLE

SEC. 213.15 That this title may be cited as the "Antidumping Act, 1921."

SEC. 406. That when used in Title II or Title III or in this titleThe term "person" includes individuals, partnerships, corporations, and associations: and

14 Amended by sec. 321 (e) of Public Law 93-618 (88 Stat. 1978 at 2048) which struck out subparagraphs (B), (D), and (F) (applying the term to identical merchandise produced by another person) and which redesignated subparagraphs (C) and (E) as subparagraphs (B) and (C). respectively.

15 Renumbered by sec. 5 of the Act of Aug. 14, 1958 (72 Stat. 585).

14 Although the provisions of the Antidumping Act. 1921, are contained in title II of the Act of May 27, 1921, sections 406 and 407 of title IV of that Act are applicable to the Antidumping Act, 1921.

37-851 - 79-9

The term "United States" includes all Territories and 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.

17

RULES AND REGULATIONS

SEC. 407. That the Secretary shall make rules and regulations necessary for the enforcement of this Act.

I The independence of the Philippine Islands was recognized by the United States after the date of the enactment of the Act of May 27, 1921, thus the reference to the Philippine Islands in the definition of the term "United States" should be omitted.

b. Administration of the Antidumping Act, 1921

Title II of Public Law 90-634 [H.R. 17324], 82 Stat. 1345, approved October 24,

1968

TITLE II—ADMINISTRATION OF THE ANTIDUMPING ACT, 1921

DETERMINATIONS UNDER THE ANTIDUMPING ACT, 1921

SEC. 201. (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 Andidumping Act, 1921, 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.

119 U.S.C. 160 note.

(121)

4. Export Administration

1

a. The Export Administration Act of 1969, as amended 1 Public Law 91-184 [H.R. 4293], 83 Stat. 841, approved December 30, 1969, as amended by Public Law 92-284 [S.J. Res. 218], 86 Stat. 133, approved April 29, 1972; Public Law 92-412 [S. 3726], 86 Stat. 644, approved August 29, 1972; Public Law 93-327 [H.J. Res. 1057], 88 Stat. 287, approved June 30, 1974; Public Law 93-372 [H.J. Res. 1104], 88 Stat. 444, approved August 14, 1974; Public Law 93-500 [S. 3792], 88 Stat. 1552, approved October 29, 1974; and by Public Law 93-608 [H.R. 14718], 88 Stat. 1967, approved January 2, 1975; Public Law 95-52 [H.R. 5840], 91 Stat. 235, approved June 22, 1977; Public Law 95-223 [H.R. 7738], 91 Stat. 1625, approved December 28, 1977; Public Law 95-384 [International Security Assistance Act of 1978; S. 3075], 92 Stat. 730 at 731, approved September 26, 1978; and by Public Law 95-435 [H.R. 9214], 92 Stat. 1051 at 1052, approved October 10, 1978

AN ACT To provide for continuation of authority for regulation of exports. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Export Administration Act of 1969".

FINDINGS

SEC. 2. The Congress makes the following findings:

(1) The availability of certain materials at home and abroad varies so that the quantity and composition of United States exports and their distribution among importing countries may affect the welfare of the domestic economy and may have an important bearing upon fulfillment of the foreign policy of the United States.

(2) The unrestricted export of materials, information, and technology without regard to whether they make a significant contribution to the military potential of any other nation or nations may adversely affect the national security of the United States.

(3) The unwarranted restriction of exports from the United States has a serious adverse effect on our balance of payments, particularly when export restrictions applied by the United States are more extensive than export restrictions imposed by countries with which the United States has defense treaty commitments.2

(4) The uncertainty of policy toward certain categories of exports has curtailed the efforts of American business in those categories to the detriment of the overall attempt to improve the trade balance of the United States.

3

(5) Unreasonable restrictions on access to world supplies can cause worldwide political and economic instability, interfere with free international trade, and retard the growth and development of nations.

150 U.S.C. App. 2401-2413. This Act replaces the Export Control Act of 1949, 50 U.S.C. 2021-2032 (1964).

The phrase beginning with "particularly" was added by Sec. 102 of the Equal Export Opportunity Act (Public Law 92-412)

3 Section (5) was added by Sec. 4(a) of Public Law 93-500 (88 Stat. 1552 at 1553).