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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: 19USC1338]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
          Part II--United States International Trade Commission
 
Sec. 1338. Discrimination by foreign countries


(a) Additional duties

    The President when he finds that the public interest will be served 
shall by proclamation specify and declare new or additional duties as 
hereinafter provided upon articles wholly or in part the growth or 
product of, or imported in a vessel of, any foreign country whenever he 
shall find as a fact that such country--
        (1) Imposes, directly or indirectly, upon the disposition in or 
    transportation in transit through or reexportation from such country 
    of any article wholly or in part the growth or product of the United 
    States any unreasonable charge, exaction, regulation, or limitation 
    which is not equally enforced upon the like articles of every 
    foreign country; or
        (2) Discriminates in fact against the commerce of the United 
    States, directly or indirectly, by law or administrative regulation 
    or practice, by or in respect to any customs, tonnage, or port duty, 
    fee, charge, exaction, classification, regulation, condition, 
    restriction, or prohibition, in such manner as to place the commerce 
    of the United States at a disadvantage compared with the commerce of 
    any foreign country.

(b) Exclusion from importation

    If at any time the President shall find it to be a fact that any 
foreign country has not only discriminated against the commerce of the 
United States, as aforesaid, but has, after the issuance of a 
proclamation as authorized in subdivision (a) of this section, 
maintained or increased its said discriminations against the commerce of 
the United States, the President is authorized, if he deems it 
consistent with the interests of the United States, to issue a further 
proclamation directing that such products of said country or such 
articles imported in its vessels as he shall deem consistent with the 
public interests shall be excluded from importation into the United 
States.

(c) Application of proclamation

    Any proclamation issued by the President under the authority of this 
section shall, if he deems it consistent with the interests of the 
United States, extend to the whole of any foreign country or may be 
confined to any subdivision or subdivisions thereof; and the President 
shall, whenever he deems the public interests require, suspend, revoke, 
supplement, or amend any such proclamation.

(d) Duties to offset commercial disadvantages

    Whenever the President shall find as a fact that any foreign country 
places any burden or disadvantage upon the commerce of the United States 
by any of the unequal impositions or discriminations aforesaid, he 
shall, when he finds that the public interest will be served thereby, by 
proclamation specify and declare such new or additional rate or rates of 
duty as he shall determine will offset such burden or disadvantage, not 
to exceed 50 per centum ad valorem or its equivalent, on any products 
of, or on articles imported in a vessel of, such foreign country; and 
thirty days after the date of such proclamation there shall be levied, 
collected, and paid upon the articles enumerated in such proclamation 
when imported into the United States from such foreign country such new 
or additional rate or rates of duty; or, in case of articles declared 
subject to exclusion from importation into the United States under the 
provisions of subdivision (b) of this section, such articles shall be 
excluded from importation.

(e) Duties to offset benefits to third country

    Whenever the President shall find as a fact that any foreign country 
imposes any unequal imposition or discrimination as aforesaid upon the 
commerce of the United States, or that any benefits accrue or are likely 
to accrue to any industry in any foreign country by reason of any such 
imposition or discrimination imposed by any foreign country other than 
the foreign country in which such industry is located, and whenever the 
President shall determine that any new or additional rate or rates of 
duty or any prohibition hereinbefore provided for do not effectively 
remove such imposition or discrimination and that any benefits from any 
such imposition or discrimination accrue or are likely to accrue to any 
industry in any foreign country, he shall, when he finds that the public 
interest will be served thereby, by proclamation specify and declare 
such new or additional rate or rates of duty upon the articles wholly or 
in part the growth or product of any such industry as he shall determine 
will offset such benefits, not to exceed 50 per centum ad valorem or its 
equivalent, upon importation from any foreign country into the United 
States of such articles; and on and after thirty days after the date of 
any such proclamation such new or additional rate or rates of duty so 
specified and declared in such proclamation shall be levied, collected, 
and paid upon such articles.

(f) Forfeiture of articles

    All articles imported contrary to the provisions of this section 
shall be forfeited to the United States and shall be liable to be 
seized, prosecuted, and condemned in like manner and under the same 
regulations, restrictions, and provisions as may from time to time be 
established for the recovery, collection, distribution, and remission of 
forfeitures to the United States by the several revenue laws. Whenever 
the provisions of this chapter shall be applicable to importations into 
the United States of articles wholly or in part the growth or product of 
any foreign country, they shall be applicable thereto whether such 
articles are imported directly or indirectly.

(g) Ascertainment by Commission of discriminations

    It shall be the duty of the commission to ascertain and at all times 
to be informed whether any of the discriminations against the commerce 
of the United States enumerated in subdivisions (a), (b), and (e) of 
this section are practiced by any country; and if and when such 
discriminatory acts are disclosed, it shall be the duty of the 
commission to bring the matter to the attention of the President, 
together with recommendations.

(h) Rules and regulations of Secretary of the Treasury

    The Secretary of the Treasury with the approval of the President 
shall make such rules and regulations as are necessary for the execution 
of such proclamations as the President may issue in accordance with the 
provisions of this section.

(i) ``Foreign country'' defined

    When used in this section the term ``foreign country'' means any 
empire, country, dominion, colony or protectorate, or any subdivision or 
subdivisions thereof (other than the United States and its possessions), 
within which separate tariff rates or separate regulations of commerce 
are enforced.

(June 17, 1930, ch. 497, title III, Sec. 338, 46 Stat. 704.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title III, Sec. 317, 42 Stat. 944. That section 
was superseded by section 338 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 Act.

                  Section Referred to in Other Sections

    This section is referred to in section 1337 of this title.