310 U.S. 371 (1940), 613, United States v. George S. Bush & Co., Inc.

Docket Nº:No. 613
Citation:310 U.S. 371, 60 S.Ct. 944, 84 L.Ed. 1259
Party Name:United States v. George S. Bush & Co., Inc.
Case Date:May 20, 1940
Court:United States Supreme Court
 
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Page 371

310 U.S. 371 (1940)

60 S.Ct. 944, 84 L.Ed. 1259

United States

v.

George S. Bush & Co., Inc.

No. 613

United States Supreme Court

May 20, 1940

Argued April 23, 24, 1940

CERTIORARI TO THE COURT OF CUSTOMS AND PATENT APPEALS

Syllabus

The President, acting on a report and recommendation of the Tariff Commission pursuant to the flexible tariff provisions of the Tariff Act of 1930, proclaimed an increase of duty on a Japanese product to equalize the difference between Japanese and domestic costs of production. In fixing the increase, foreign cost of production was determined, under § 336(e), on the "weighted average of the invoice prices or values for a representative period," taking as representative the period from December 1, 1930, to September 30, 1932; but, as the invoice prices were in yen, and as § 336 contains no provision for conversion of currency, the Commission, in order to compare those prices with domestic cost, had converted them into dollars at the average rate of exchange for 1932, selecting that period because the value of yen in dollars had declined steadily from December, 1931, to November, 1932.

Held:

1. There is no express provision in the Act requiring that the rate of exchange be taken from the same period as the invoice prices, and none can be implied. P. 378.

2. The President's judgment in the matter is not subject to scrutiny by the Court of Customs and Patent Appeals or by this Court. P. 379.

3. Section 501 of the Act does not permit judicial examination of the judgment of the President that the rates of duty recommended

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by the Commission are necessary to equalize the differences in dometic and foreign costs of production. P. 379.

4. Under § 336, the Commission serves the President as an adviser. It is the judgment of the President on the facts submitted to him by the Commission that determines whether or not the recommended rate will be promulgated. P. 379.

5. In substance, and to a large extent in form, the action of the Commission and the President is but one stage of the legislative procss. P. 379.

27 C.C.P.A. ___, 104 F.2d 368, reversed.

Certiorari, 309 U.S. 643, to review a judgment of the Court of Customs and Patent Appeals ordering a reappraisement under § 501 of the Tariff Act of 1930.

Page 375

DOUGLAS, J., lead opinion

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Court of Customs and Patent Appeals held invalid the Proclamation made by the President of the United States on May 1, 1934, No. 2081, 48 Stat. 1739, increasing the duty on canned clams imported from Japan. 104 F.2d 368. We granted certiorari because of the importance of that decision

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to the administration of the flexible tariff provisions of the Tariff Act of 1930, 46 Stat. 590, 309 U.S. 643.

In compliance with § 336(a) of that Act, the Tariff Commission, in response to an application for an increased duty on canned clams, instituted an investigation in June, 1932, gave public notice of the hearing, held the hearing in October, 1932, and gave interested parties an opportunity to be present, to produce evidence, and to be heard. As a result of that investigation, the Commission found that the statutory duty of 35% ad valorem on the foreign dutiable value1 did not equalize the difference...

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