US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1333]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
          Part II--United States International Trade Commission
 
Sec. 1333. Testimony and production of papers


(a) Authority to obtain information

    For the purposes of carrying out its functions and duties in 
connection with any investigation authorized by law, the commission or 
its duly authorized agent or agents (1) shall have access to and the 
right to copy any document, paper, or record, pertinent to the subject 
matter under investigation, in the possession of any person, firm, 
copartnership, corporation, or association engaged in the production, 
importation, or distribution of any article under investigation, (2) may 
summon witnesses, take testimony, and administer oaths, (3) may require 
any person, firm, copartnership, corporation, or association to produce 
books or papers relating to any matter pertaining to such investigation, 
and (4) may require any person, firm, copartnership, corporation, or 
association, to furnish in writing, in such detail and in such form as 
the commission may prescribe, information in their possession pertaining 
to such investigation. Any member of the commission may sign subpenas, 
and members and agents of the commission, when authorized by the 
commission, may administer oaths and affirmations, examine witnesses, 
take testimony, and receive evidence.

(b) Witnesses and evidence

    Such attendance of witnesses and the production of such documentary 
evidence may be required from any place in the United States at any 
designated place of hearing. And in case of disobedience to a subpena 
the commission may invoke the aid of any district or territorial court 
of the United States in requiring the attendance and testimony of 
witnesses and the production of documentary evidence, and such court 
within the jurisdiction of which such inquiry is carried on may, in case 
of contumacy or refusal to obey a subpena issued to any corporation or 
other person, issue an order requiring such corporation or other person 
to appear before the commission, or to produce documentary evidence if 
so ordered or to give evidence touching the matter in question; and any 
failure to obey such order of the court may be punished by such court as 
a contempt thereof.

(c) Mandamus

    At the request of the commission, any such court shall have 
jurisdiction to issue writs of mandamus commanding compliance with the 
provisions of this part or any order of the commission made in pursuance 
thereof.

(d) Depositions

    The commission may order testimony to be taken by deposition in any 
proceeding or investigation pending before the commission at any stage 
of such proceeding or investigation. Such depositions may be taken 
before any person designated by the commission and having power to 
administer oaths. Such testimony shall be reduced to writing by the 
person taking the deposition, or under his direction, and shall then be 
subscribed by the deponent. Any person, firm, copartnership, 
corporation, or association, may be compelled to appear and depose and 
to produce documentary evidence in the same manner as witnesses may be 
compelled to appear and testify and produce documentary evidence before 
the commission, as hereinbefore provided.

(e) Fees and mileage of witnesses

    Witnesses summoned before the commission shall be paid the same fees 
and mileage that are paid witnesses in the courts of the United States, 
and witnesses whose depositions are taken and the persons taking the 
same, except employees of the commission, shall severally be entitled to 
the same fees and mileage as are paid for like services in the courts of 
the United States.

(f) Statements under oath

    The commission is authorized, in order to ascertain any facts 
required by subdivision (d) of section 1332 of this title to require any 
importer and any American grower, producer, manufacturer, or seller to 
file with the commission a statement, under oath, giving his selling 
prices in the United States of any article imported, grown, produced, 
fabricated, manipulated, or manufactured by him.

(g) Representation in court proceedings

    The Commission shall be represented in all judicial proceedings by 
attorneys who are employees of the Commission or, at the request of the 
Commission, by the Attorney General of the United States.

(h) Administrative protective orders

    Any correspondence, private letters of reprimand, and other 
documents and files relating to violations or possible violations of 
administrative protective orders issued by the Commission in connection 
with investigations or other proceedings under this subtitle shall be 
treated as information described in section 552(b)(3) of title 5.

(June 17, 1930, ch. 497, title III, Sec. 333, 46 Stat. 699; June 25, 
1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62 
Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 85-
686, Sec. 9(a), (b), Aug. 20, 1958, 72 Stat. 679; Pub. L. 91-452, title 
II, Sec. 229, Oct. 15, 1970, 84 Stat. 930; Pub. L. 93-618, title I, 
Sec. 174, Jan. 3, 1975, 88 Stat. 2011; Pub. L. 101-382, title I, 
Sec. 135(a), Aug. 20, 1990, 104 Stat. 651.)

                          Codification

    As originally enacted subsec. (b) contained a reference to the 
Supreme Court of the District of Columbia. Act June 25, 1936, 
substituted ``the district court of the United States for the District 
of Columbia'' for ``the Supreme Court of the District of Columbia'', and 
act June 25, 1948, as amended by act May 24, 1949, substituted ``United 
States District Court for the District of Columbia'' for ``district 
court of the United States for the District of Columbia''. However, the 
words ``United States District Court for the District of Columbia'' have 
been deleted entirely as superfluous in view of section 132(a) of Title 
28, Judiciary and Judicial Procedure, which states that ``There shall be 
in each judicial district a district court which shall be a court of 
record known as the United States District Court for the district'', and 
section 88 of Title 28 which states that ``the District of Columbia 
constitutes one judicial district''.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 8, 1916, ch. 463, Sec. 706, 39 Stat. 797, as amended by act Sept. 
21, 1922, ch. 356, title III, Sec. 318(f), 42 Stat. 947. These acts were 
superseded by section 333 of act June 17, 1930, comprising this section, 
and section 318(f) of the 1922 act was repealed by section 651(a)(1) of 
the 1930 act.


                               Amendments

    1990--Subsec. (h). Pub. L. 101-382 added subsec. (h).
    1975--Subsec. (c). Pub. L. 93-618, Sec. 174(1), substituted ``At the 
request of'' for ``Upon application of the Attorney General of the 
United States, at the request of''.
    Subsec. (g). Pub. L. 93-618, Sec. 174(2), added subsec. (g).
    1970--Subsec. (e). Pub. L. 91-452 struck out provisions relating to 
the immunity from prosecution of any natural person compelled to testify 
or produce evidence in obedience to the subpoena of the commission.
    1958--Subsec. (a). Pub. L. 85-686, Sec. 9(a), substituted ``For the 
purposes of carrying out its functions and duties in connection with any 
investigation authorized by law'' for ``For the purposes of carrying 
Part II of this subtitle into effect'', inserted provisions empowering 
the commission to require any person, firm, copartnership, corporation, 
or association to furnish in writing, in such detail and in such form as 
the commission may prescribe, information in their possession pertaining 
to an investigation.
    Subsec. (d). Pub. L. 85-686, Sec. 9(b), substituted ``pending before 
the commission'' for ``pending under Part II of this subtitle''.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-452 effective on sixtieth day following Oct. 
15, 1970, and not to affect any immunity to which any individual is 
entitled under this section by reason of any testimony given before 
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, 
set out as an Effective Date; Savings Provision note under section 6001 
of Title 18, Crimes and Criminal Procedure.