Page:United States Statutes at Large Volume 46 Part 1.djvu/747

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704

SEVENTY-FIRST CONGRESS . SEss . II. CH. 497 . 1930 . in the case, and in any case where the findings in such investigation show a violation of this section, a copy of the findings shall be promptly mailed or delivered to the importer or consignee of such articles . Such findings, if supported by evidence, shall be conclu- sive, except that a rehearing may be granted by the commission and except that, within such time after said findings are made and in such mann er as appeals may be taken from d ecisi ons of the United States Customs Court, an appeal may be taken from said findings upon a question or questions of law only to the United States Court of Cust oms and Paten t Appeals by the importer or consignee of such articles . If it shall be shown to the satisfaction of said court that further evidence should be taken, and that there were reason- able grou nds fo r the fail ure to addu ce suc h evi dence in the pro- ceedings before the commission, said court may order su ch additional e vidence to be ta ken before the co mmission in such manner and upon such terms and conditions as to the court may seem proper . The commission may modify its findings as to the facts or make new findings by reason of additional evidence, which, if supported by evidence, shall be conclusive as to the facts except that within suc h tim e and in suc h manner an appeal may be taken as aforesaid upon a ques tion or questions of law only . The judgment of said court shall be final Transm ittal to the (d) TR ANSMI SSION OF FINDI NGS TO PRESIDENT.-The final find- P res ide nt,

ings of the commission shall be transmitted with the record to the President . Articles excluded en- (e) EXCLUSION or ARTICLES FROM ENTRY .-W he nev er the existence try, if unfair method of any such unfair method or act shall be established to the satisfac- tion of the Pre sident he shall direct that the articles concerne d in such unfair methods or acts, imported by any person violating the provisions of t his Act, shall b e excluded from entry into the Un ited States, and upon information of such action by the President, the Secretary of th e Treasury shall , through the pr oper officers, re fuse President's decision such entry . The decision of the President shall be conclusive . conclusive. Action if import be- (f) ENT RY UND ER BOND .-Whenever the President has reason to lieved to be in viola- tion hereof. believe that any article is offered or sought to be offered for entry into the United States in violation of this section but has not infor- mation sufficient to satisfy him thereof, the Secretary of the Treasury shall, upon his request in writing, forbid entry thereof until such investigation as the President may de em necessary shall be com- pleted ; except that such articles shall be entitled to entry under bond prescribed by the Secretary of the Treasury . (g) CONTINUANCE OF EXCLUSION .-Any refusal of entry under this section shall continue in effect until the President shall fi nd a nd instruct the Secretary of the Treasury that th e conditions whi ch led to such refusal of entry no longer exist . (h) DEFI NIT ION . -When used in this section and in secti ons 3 38 and 340, the term " United States" includes the several States and Territories, the District of Columbia, and all possessions of the United States except the Ph ili pp ine Islands, the Virgin Isla nds, American Samoa, and the island of Guam . TA RIFF COMMISS ION . Copy to importer. Effect of findings. Appeals to Court of Customs and Patent Appea ls . Additional evidence per mit ted . Modification by Commission . Judgment of court final . Continuance elusion . Term " Uni ted States" construed. Infra . of ex. Discriminations by foreign countries . Additional duties to be procl aimed by the Pr esiden t for desig - nated . SEC. 338 . DISCR IMINA TION BY FOREI GN C OUNTR IES . (a) ADDITIONAL DUTIES .-The President when he finds that the pub lic interest will be served there by shall by proc lamation specify and declare new or additional duties as hereinafter provided upon articles wholly or in part the growth or product of, or impor ted in a vessel of, any foreign country whenever he shal l find as a fact that such country-