DUTIES OF APPRAISERS § 53261/2h. (Act May 27, 1921, c. 14, § 209.) Appraisal and report to collector of foreign market value or cost of production, purchase price, exporter's sales price, etc. 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 appraiser or person acting as appraiser has made no appraisement 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. (42 Stat. 15.) APPEALS AND PROTESTS § 53261/2i. (Act May 27, 1921, c. 14, § 210.) Appeals, etc., from determinations of appraisers. For the purposes of this title the determination of the appraiser or person acting as appraiser as to the foreign market 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. (42 Stat. 15.) DRAWBACKS § 532612j. (Act May 27, 1921, c. 14, § 211.) Special duties treated as regular duties. 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. (42 Stat. 15.) SHORT TITLE § 53261/2k. (Act May 27, 1921, c. 14, § 212.) Citation of title. This title may be cited as the "Antidumping Act, 1921." (42 Stat. 15.) DEFINITIONS § 5326121. (Act May 27, 1921, c. 14, § 406.) Definitions applicable to Titles II and III. When used in Title II or Title III or in this title The term "person" includes individuals, partnerships, corporations, and associations; and 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. (42 Stat. 18.) This section, and the section next following, are §§ 406, 407 of Title IV of Act May 27, 1921, c. 14, entitled "General Provisions." For Titles H and III, see ante, §§ 53261⁄2-53261⁄2k and post, §§ 5599a-5599d. See, also, note at beginning of chapter C of this title of this supplement. RULES AND REGULATIONS § 532612m. (Act May 27, 1921, c. 14, § 407.) Secretary of Treasury to make rules and regulations for enforcement of Act. The Secretary shall make rules and regulations necessary for the enforcement of this Act. (42 Stat. 18.) See ante, note to § 532621. CHAPTER E-DYES AND CHEMICALS This chapter consisted of Title V of Act May 27, 1921, c. 14, 42 Stat. 18, entitled "An Act Imposing temporary duties upon certain agricultural products to meet present emergencies, and to provide revenue; to regulate commerce with foreign countries; to prevent dumping of foreign merchandise on the markets of the United States; to regulate the value of foreign money; and for other purposes." It was expressly repealed by Act Sept. 21, 1922, c. 356, title IV, § 643, post, § 5841-2. See, also, ante, note at beginning of chapter C of this title. §§ 532634-532634b. [Repealed.] These sections (Act May 27, 1921, c. 14, title V, §§ 501, 502, 42 Stat. 18, 19, as amended by Act Aug. 24, 1921, c. 88, 42 Stat. 191, known as the "Dye and Chemical Control Act, 1921" were repealed by Act Sept. 21, 1922, c. 356, title IV, § 643, post, § 5841i-2. See note at the beginning of this chapter. These sections read as follows: "501(a) On and after the day following the enactment of, this Act, for the period of six 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 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. "(b) Upon the day following the enactment of this Act the War Trade Board Section of the Department of State shall cease to exist; 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 Section shall become books, documents and records of the Treasury Department. All individual licenses issued by such War Trade Board Section prior to the enactment of this Act shall remain in effect during the period of their validity, and the importations under such licenses shall be permitted. All unexpended funds and appropriations for the use and maintenance of such War Trade Board Section shall become funds and appropriations available to be expended by the Secretary in the exercise of the power and authority conferred upon him by this section. "502. This title may be cited as the 'Dye and Chemical Control Act, 1921.'" The amendment to § 501(a) by Act Aug. 24, 1921, c. 88, consisted in striking out the words "three months" and inserting in lieu thereof the words "six months." See Commercial Solvents Corporation v. Mellon (App. D. C.) 277 F. 548. § 532634bb. [Inoperative.] This section (Act Nov. 16, 1921, c. 123, 42 Stat. 220, extending the life of titles I and V of Act May 27, 1921, c. 14, 42 Stat. 8, 18) becomes inoperative by the repeal of said titles by Act Sept. 21, 1922, c. 356, tit. IV, § 643, post, § 58411-2. (1636) 10. Enforcement of duty-laws and punishment for violations. II. Provisions applying to commerce with contiguous countries Sec. 5327 5378 5462 5555 5589 5638 5695 5711 5720 5760 5807 CHAPTER ONE-COLLECTION-DISTRICTS, PORTS, AND OFFICERS pay has failed to file his petition in court for six years less six days, his claim is barred by laches and he is not entitled to recover. Id. Where a civil service employee has been dismissed by the Secretary of the Treasury after charges have been preferred against him and an opportunity to be heard granted him, for refusal to answer questions at said hearing, and for nearly six years has taken no steps to have himself reinstated, he cannot maintain an action in the Court of Claims for his salary. Stager v. U. S., 57 Ct. Cl. 116. § 5327. (Act Aug. 24, 1912, c. 355, § 1.) Reorganization of Customs Service by President. Compensation of officers and employés. Under Rev. St. §§ 2733, 2737 (U. S. Comp. St. 1916, §§ 5372, 5378). and Act March 3, 1881, there was nothing to prevent the Secretary of the Treasury from appointing customs inspectors at the port of New York at a salary of $4 a day. Ryan v. U. S., 43 S. Ct. 34, 260 U. S. 90, 67 L. Ed. Act Dec. 16, 1902, authorizing the Secretary of the Treasury to increase the compensation of inspectors of customs at the port of New York in a sum not exceeding $1 a day, as compensation for work performed at unusual hours and as reimbursement for expenses, was wholly permissive, and was not rendered mandatory by Act June 30, 1906, and Act March 4, 1907, making appropriations to pay inspectors at the port of New York the difference between the salary of $4 a day paid them for certain months and "their proper salary for the same period ($5 per diem)"; there being inspectors whose pay had been fixed at $5 a day to which such language could be applied. Id. Where an employee of the United States in the classified civil service has been regularly promoted after appropriate examinations to Class 2 of the civil service, and has drawn all the pay and received all the allowances provided by law for that grade he is not entitled to further pay or allowances until he is regularly promoted to the next higher grade. Ryan v. U. S., 56 Ct. Cl. 103. Where an employee claiming higher Powers of President.-Under the provisions of this section relating to the reorganization of the customs service, the President is authorized to abolish positions such as those of naval officers, surveyors, appraisers, and assistant appraisers; to dispense with their statutory functions; to transfer the auditing functions of the naval officer to a deputy auditor for the Treasury Department or to a deputy collector of customs; to consolidate certain customs positions; to abolish the fee system and place all officers on a flat salary basis; to abolish the authority of collectors to sell blank manifests, etc.; and to require a protest fee for the lodging of protests before the Board of General Appraisers or a similar board. 31 Op. Atty. Gen. 577. Cited without definite application, Nicholas v. U. S., 42 S. Ct. 7, 257 U. S. 71, 66 L. Ed. 133; Nicholas v. U. S., 55 Ct. Cl. 188. § 5327c, (Act March 24, 1920, c. 107, § 1.) Secretary of Treasury may fix pay of temporary laborers. That the Secretary of the Treasury be, and he is hereby, authorized to fix the compensation of temporary laborers in the Customs Service as he may think advisable, at a rate not exceeding the local rates prevailing in the various ports and districts for the same classes of labor: Provided, That it shall not exceed in any event 80 cents per hour, and credit for amounts paid since July 1, 1919, in excess of the rate of $2.50 per day shall be allowed in the accounts of customs officers. (41 Stat. 536.) This section is § 1 of an act entitled "An act to authorize the Secretary of the Treasury to fix compensation of certain laborers in the Customs Service," cited above. Section 2 of this act provides that the act shall expire Dec. 31, 1920. Section 3 repeals all inconsistent acts and parts of acts. These sections of the Revised Statutes were repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. (R. S. § 2524. Repealed.) This section of the Revised Statutes was repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. (R. S. § 2537. Repealed.) This section of the Revised Statutes was repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 6841i-1. This section of the Revised Statutes was repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. This section of the Revised Statutes was repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. (R. S. § 2561. Repealed.) These sections of the Revised Statutes were repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. § 5341. [Repealed.] This section (R. S. § 2581) was repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. Cited without definite application, §§ 5343-5345. [Repealed.] These sections (R. S. §§ 25S8, 2589, 2590) were repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. (R. S. §§ 2609, 2610. Repealed.) These sections of the Revised Statutes were repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. (1638) CHAPTER TWO-QUALIFICATIONS, PAY, AND DUTIES OF OFFICERS Sec. 5378, 5379. [Repealed.] 5389. Special agents. 5390. Same; number and compensation. §§ 5378, 5379. [Repealed.] Sec. 5392. [Repealed.] 5394. Apportionment of compensation. These sections (R. S. §§ 2637, 2638) were repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. See, also, $$ 599, 600, of the "Tariff Act of 1922," post, §§ 5841h-19, 5841h-20. Notes of Decisions Unlawful importation subject to seizure and forfeiture.-Merchandise imported by a person employed in the customs service as an appraiser of imports, in violation of Rev. St. § 2638 (Comp. St. § 5379), held imported "con trary to law," and subject to seizure and forfeiture under Rev. St. § 3082 (Comp. St. § 5785). In re 2007/12 Dozen Wool Hose and Half Hose (C. C. A. N. Y.) 263 F. 376. § 5389. (R. S. § 2649.) Special agents. Cited without definite application, 31 Op. Atty. Gen. 577. § 5390. (Act March 4, 1911, c. 285, § 1.) Same; number and compensation. Cited without definite application, 31 Op. Atty. Gen. 577. § 5392. [Repealed.] This section (R. S. § 2652) was repealed by Act Sept. 21, 1922, c. 356, title IV, § 642, post, § 5841i-1. Notes of Decisions See International Ry. Co. v. Davidson, 42 S. Ct. 179, 257 U. S. 506, 66 L. Ed. 341, reversing decree (C. C. A. N. Y.) 273 F. 153 which affirms decree (D. § 5394. (R. S. § 2687.) Apportionment of compensation. See Ryan v. U. S., 43 S. Ct. 34, 260 U. S. 90, 67 L. Ed. as to compen sation of inspector appointed under R. S. §§ 2733, 2737. |