136
PUBLIC LAW 96—JULY 31, 1951
[65 STAT.
computed on shipping units at the ceiling price, and a fractional part of a cent in the amount of tax liability shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. Exception. " (k) No rule, regulation, order or amendment thereto shall hereafter be issued under this title, which shall deny to sellers of materials at retail or wholesale their customary percentage margins over costs of the materials during the period May 24, 1950, to June 24, 1950, or on such other nearest representative date determined under section 402 (c), as shown by their records during such period, except as to any one specific item of a line of material sold by such sellers which is in short supply as evidenced by specific government action to encourage production of the item in question. No such exception shall reduce such customary margins of sellers at retail or wholesale beyond the amount found by the President, in writing, to be generally equitable and proportionate in relation to the general reductions in the customary margins of all other classes of persons concerned in the production and distribution of the excepted item of material. "Prior to making any finding that a specific item of material shall be so excepted, or as to the amount of the reductions in customary margins to be imposed upon retail and wholesale sellers of such item, the President shall consult with representatives of the affected retail and wholesale sellers concerning the basis for and the amount of the exception which is proposed with respect to any such item. "Seller of a material "For purposes of this section a person is a 'seller of a material at at retail or wholesale." retail or wholesale' to the extent that such person purchases and resells an item of material without substantially altering its form; or to the extent that such person sells to ultimate consumers except (1) to government and institutional consumers and (2) to consumers who purchase for consumption in the course of trade or business." (i) Subsection (a) of section 405 of the Defense Production Act 50 U.S.C. app. of 1950 is amended by adding at the end thereof the following: "The I 2105. President shall also prescribe the extent to which any payment made, either in money or property, by any person in violation of any such regulation, order, or requirement shall be disregarded by the executive departments and other governmental agencies in determining the costs or expenses of any such person for the purposes of any other law or regulation, including bases in determining gain for tax purposes." (j) Subsection (a) of section 409 of the Defense Production Act of 50 U c. app. 1950 is amended to read as follows: i 2109. " (a) Whenever in the judgment of the President any person has Injunctions, etc. engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of section 405 of this title, he may make application to any district court of the United States or any United States court of any Territory or other place subject to the jurisdiction of the United States for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond." (k) The second sentence of subsection (c) of section 409 of the Defense Production Act of 1950 is amended by striking out the words "but in no event shall such amount exceed the amount of the overcharge, or the overcharges, plus $10,000,". (1) Section 409 of the Defense Production Act of 1950 is further amended by adding at the end thereof the following new subsections: " (d) The President shall also prescribe the extent to which any payment made by way of fine pursuant to subsection (b) of this section
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