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$ 225. Applicability of penal provisions in certain cases

(a) In connection with any survey conducted by the Secretary or other authorized officer or employee of the Department of Commerce or bureau or agency thercof pursuant to subchapter IV of chapter 5 of this title, the prorisions of sections 221, 222, 223 and 224 of this title shall apply

(1) with respect to the answering of questions and furnishing of information, only to such inquiries as are within the scope of the schedules and questionnaires and of the type and character heretofore used in connection with the taking of complete censuses under subchapters I and II of chapter 5 of this title, or in connection with any censuses hereafter taken pursuant to such subchapters:

(2) only after publication of a determination with reasons therefor certified by the Secretary, or by some other authorized officer or employee of the Department of Commerce or bureau or agency thereof with the approval of the Secretary, that the information called for is needed to aid or permit the efficient performance of essential governmental functions or services, or has significant application to the needs of the public, business, or industry and is not publicly available from nongovernmental or other governmental sources:

(3) in the case of any new survey, onls after public notice. given by the Secretary or other authorized officer or emploree of the Department of Commerce or bureau or agency thereof at least thirty days in advance of requesting a return, that such surrey

is under consideration. (b) The provisions for imprisonment prorided by section 222 of this title shall not applv in connection with any surrey conducted pursuant to subchapter II of chapter 3 of this title, or to subchapter IV of chapter 5 of this title.

(c) The provisions of sections 221, 222, 223, and 224 of this title shall not apply to ans censuses or surveys of governments provided for by subchapters III and IV of chapter 5 of this title, nor to other survers provided for by subchanter IV of such chapter which are taken more frequently than annually.

(d) Where the doctrine, teaching, or discipline of any religious denomination or church prohibits the disclosure of information relatire to membership, a refusal, in such circumstances, to furnish such information shall not be an offense under this chapter. (Aug. 31, 1954, ch. 1158; 68 Stat. 1024, amended Oct. 17, 1976. Pub. L. 97-521, § 15(a), 90 Stat. 2463.)

SUBCHAPTER III-PROCEDURE

8 211. Evidence

When any request for information, made br the Secretary or other authorized officer or employee of the Department of Commerce or burean or Agency thereof, is made by registered or certified mail or telegram, the return receipt therefor or other written receipt thereof shall be prima facie eridence of an official request in ang prosecution under such section. (Ang. 31, 1954, ch. 1158, 68 Stat. 1025. amended Aug. 28. 1957. Pub. L. 8.–207. $ 19,71 Stat. 484; Oct. 17, 1976, Pub. L. 94-521, $ 15(b), 90 Stat. 2465.)

Chapter 9.-COLLECTION AND PUBLICATION OF FOREIGN

COMMERCE AND TRADE STATISTICS Sec. 301. Collection and publication. 302. Rules, regulations, and orders. 303. Secretary of Treasury, functions 304. Filing esport information, delayed slings, penalties for fallure to Ble. 30.5. Violations, penalties. 306. Delegation of functions. 307. Relationsbip to general census law. $ 301. Collection and publication

(a) The Secretary is authorized to collect information from all persons esporting from, or importing into, the United States and the noncontiguous areas over which the United States exercises sovereignty, jurisdiction, or control, and from all persons engaged in trade between the United States and such noncontiguous areas and between those areas, or from the owners, or operators of carriers engaged in such foreign commerce or trade, and shall compile and publish such information pertaining to exports, imports, trade, and transportation relating thereto, as he deems necessary or appropriate to enable him to foster, promote, develop, and further the conimerce, domestic and foreign of the United States and for other lawful purposes.

(b) The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on quarterly and cumulative bases, statistics on United States imports for consumption and United States exports by country and by product. Statistics on United States imports shall be submitted in accordance with the Tariff Schedules of the United States Annotated and general statistical headnote 1 thereof, in detail as follows:

(1) net quantity;
(2) United States customs value;
(3) purchase price or its equivalent:
(4) equivalent of arm's length value;

(5) aggregate cost from port of esportation to United States port of entry;

(6) a United States port of entry value comprised of (5) plus (4), if applicable, or, if not apnlicable, (5) plus (3); and

(7) for transactions where (3) and (4) are equal, the total

value of such transactions. The data for paragraphs (1), (2). (3), (5), and (6) shall be renorted separately for nonrelated and related party transactions, and shall also he reported as a total of all transactions.

(c) In submitting ang information under subsection (b) with respect to exports, the Secretary shall state separately from the total value of all exports

(1)(A) the relve of arricultural commodities exported under the Agricnltural Trade Development and Assistance Act of 1954, as amended: and

(B) the total amount of all export subsidies paid to exporters by the United States under such .ct for the exportation of such commodities; and

(2) the value of goods exported under the Foreign Assistance Act of 1961. (d) To assist the Secretary to carry out the provisions of subsections (b) and (c)

(1) the Secretary of Agriculture shall furnish information to the Secretary concerning the value of agricultural commodities exported under provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, and the total amounts of all esport subsidies paid to esporter's by the United States under such Act for the exportation of such commodities; and

(2) the Secretary of State shall furnish information to the Secretary concerning the value of goods exported under the prorisions of the Foreign Assistance Act of 1961. as amended. (e) There shall be reported, on monthly and cumulative bases, for each item in the Tariff Schedules of the United States Annotated, the United States port of entry value (as determined under subsection (b) (6)). There shall be reported, on monthly and cumulative bases, the balance of international trade for the United States reflecting (1) the aggregate value of all United States imports as reported in accordance with the first sentence of this subsection, and (2) the aggregate value of all United States exports. The values and balance of trade required to be reported by this subsection shall be released no later than 48 hours before the release of any other government statistics concerning values of United States imports or United States balance of trade, or statistics from which such values or balance may be derived.

(f) On or before January 1, 1981, and as often thereafter as may be necessary to reflect significant changes in rates, there shall be reported for each item of the Tariff Schedules of the United States Annotated, the ad valorem or ad valorem equivalent rate of duty which would have been required to be imposed on dutiable imports under that item, if the United States customs values of such imports were based on the United States port of entry value (as reported in accordance with the first sentence of subsection (e)) in order to collect the same amount of duties on imports under that item as are currently collected.

(g) Shippers' Export Declarations (or any successor document), wherever located, shall be exempt from public disclosure unless the Secretary determines that such exemption would be contrary to the national interest. (Added Pub. L. 87-826, 82, Oct. 15, 1962, 76 Stat. 951, amended Jan. 3, 1975, Pub. L. 93-618, Title VI, 8 609(a), 88 Stat. 2074; July 26, 1979, Pub. L. 96–39, Title XI, $ 1108(a), 93 Stat. 313; June 17, 1980, Pub. L. 96-275, 81, 94 Stat. 539.)

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8 302. Rules, regulations, and orders

The Secretary may make such mules, regulations, and orders as he deems necessary or appropriate to carry out the provisions of this chapter. Any rules, regulations, or orders issued pursuant to this authority may be established in such form or manner, may contain such classifications or differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the Secretary are necessary or proper to effectuate the purpose of this chapter, or to prevent circumvention or erasion of any mile, regulation, or order issued hereunder. The Secretary may also provide by rule or regrılation, for such confidentiality, publication, or disclosure of information collected hereunder as he may deem necessary or appropriate in the public interest. Rules, regulations, and orders, or amendments thereto shall have the concurrence of the Secretary of the Treasury prior to promulgation. (Added Pub. L. 87–826, § 2, Oct. 1.), 1962, 76 Stat. 951.) 8 303. Secretary of Treasury functions

To assist the Secretary to carry out the provisions of this chapter, the Secretary of the Treasury shall collect information in the form and manner prescribed by the regulations issued pursuant to this chapter from persons engaged in foreign coinmerce or trade, other than by mail, and from the owners or operators of carriers. (Idded Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 951.) $ 304. Filing export information, delayed filings, penalties for

failure to file (a) The information or reports in connection with the exportation or transportation of cargo required to be filed by carriers with the Secretary of the Treasuy under any rule, regulation, or order issued pursuant to this chapter may be filed after the departure of such carrier from the poit or place of exportation or transportation. whether such departing carrier is destined directly to a foreign port or place or to a noncontigious area, or proceeds his way of other ports or places of the United States, provided that a bond in an approved form in the penal sum of $1,000 is filed with the Secretary of the Treas. rry. The Secretary of Commerce may, by a rule, regulation, or oriler issued in conformity herewith, prescribe a maximum period after such departure during which the required information or reports may be filed. In the event any such information or report is not filed within such prescribed period, a penalty not to exceed $100 for each day's delinquency beyond the prescribed period, but not more than $1.000, shall be exacted. Civil suit may be instituted in the name of the United States against the principal and surety for the recovery of any penal. ties that may accrue and be exacted in accordance with the terms of the bond.

(b) The Secretary may remit or mitigate any penalty incurred for violations of this section and regulations issued pursuant thereto if, in his opinion, they were incurred without willful negligence or fraud, or other circumstances justify a remission or mitigation. (Added Pub. L. 87-826, $ 2, Oct. 15, 1962, 76 Stat. 952.)

§ 305. Violations, penalties

Any person, including the owners or operators of carriers, violating the provisions of this chapter, or any rule, regulation, or order issued thereunder, except as provided in section 304 above, shall be liable to a penalty not to exceed $1,000 in addition to any other penalty imposed by lair. The amount of any such penalty shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States. (Added Pub. L. 87-826, $ 2, Oct. 15, 1962, 76 Stat. 932.) $ 306. Delegation of functions

Subject to the concurrence of the head of the department or agency concerned, the Secretary may make such provisions as he shall deem appropriate, authorizing the performance by any officer, agency, or employee of the United States Government departments or offices, or the governments of any areas over which the United States exercises sovereignty, jurisdiction, or control, of any function of the Secretary, contained in this chapter. (Added Pub. L. 87-826, § 2, Oct. 15, 1962, 76 Stat. 932.) $ 307. Relationship to general census law

The following sections only, 1, 2, 3, 4, 5, 6, 7, 11, 21, 22, 23, 24, 211, 212, 213, and 211, of chapters 1 through 7 of this title are applicable to this chapter. (Eldded Pub. L. 87–826, § 2, Oct. 13, 1962, 76 Stat. 932.)

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