U.S Code last checked for updates: Oct 17, 2024
§ 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
(c)
Application of proclamation
(d)
Duties to offset commercial disadvantages
(e)
Duties to offset benefits to third country
(f)
Forfeiture of articles
(g)
Ascertainment by Commission of discriminations
(h)
Rules and regulations of Secretary of the Treasury
(i)
“Foreign country” defined
(June 17, 1930, ch. 497, title III, § 338, 46 Stat. 704.)
cite as: 19 USC 1338