19 USC 1332(g): Confidential Business Information

          
Sec. 1332. Investigations
(a) Investigations and reports

    It shall be the duty of the commission to investigate the 
administration and fiscal and industrial effects of the customs laws of 
this country, the relations between the rates of duty on raw materials 
and finished or partly finished products, the effects of ad valorem and 
specific duties and of compound specific and ad valorem duties, all 
questions relative to the arrangement of schedules and classification of 
articles in the several schedules of the customs law, and, in general, 
to investigate the operation of customs laws, including their relation 
to the Federal revenues, their effect upon the industries and labor of 
the country, and to submit reports of its investigations as hereafter 
provided.

(b) Investigations of tariff relations

    The commission shall have power to investigate the tariff relations 
between the United States and foreign countries, commercial treaties, 
preferential provisions, economic alliances, the effect of export 
bounties and preferential transportation rates, the volume of 
importations compared with domestic production and consumption, and 
conditions, causes, and effects relating to competition of foreign 
industries with those of the United States, including dumping and cost 
of production.

(c) Investigation of Paris Economy Pact

    The commission shall have power to investigate the Paris Economy 
Pact and similar organizations and arrangements in Europe.

(d) Information for President and Congress

    In order that the President and the Congress may secure information 
and assistance, it shall be the duty of the commission to--
        (1) Ascertain conversion costs and costs of production in the 
    principal growing, producing, or manufacturing centers of the United 
    States of articles of the United States, whenever in the opinion of 
    the commission it is practicable;
        (2) Ascertain conversion costs and costs of production in the 
    principal growing, producing, or manufacturing centers of foreign 
    countries of articles imported into the United States, whenever in 
    the opinion of the commission such conversion costs or costs of 
    production are necessary for comparison with conversion costs or 
    costs of production in the United States and can be reasonably 
    ascertained;
        (3) Select and describe articles which are representative of the 
    classes or kinds of articles imported into the United States and 
    which are similar to or comparable with articles of the United 
    States; select and describe articles of the United States similar to 
    or comparable with such imported articles; and obtain and file 
    samples of articles so selected, whenever the commission deems it 
    advisable;
        (4) Ascertain import costs of such representative articles so 
    selected;
        (5) Ascertain the grower's, producer's, or manufacturer's 
    selling prices in the principal growing, producing, or manufacturing 
    centers of the United States of the articles of the United States so 
    selected; and
        (6) Ascertain all other facts which will show the differences in 
    or which affect competition between articles of the United States 
    and imported articles in the principal markets of the United States.

(e) Definitions

    When used in this subdivision and in subdivision (d) of this 
section--
        (1) The term ``article'' includes any commodity, whether grown, 
    produced, fabricated, manipulated, or manufactured;
        (2) The term ``import cost'' means the transaction value of the 
    imported merchandise determined in accordance with section 1401a(b) 
    of this title plus, when not included in the transaction value, all 
    necessary expenses, exclusive of customs duties, of bringing such 
    merchandise to the United States.

(f) Omitted

        

            
 
          

(g) Reports to President and Congress

    The commission shall put at the disposal of the President of the 
United States, the Committee on Ways and Means of the House of 
Representatives, and the Committee on Finance of the Senate, whenever 
requested, all information at its command, and shall make such 
investigations and reports as may be requested by the President or by 
either of said committees or by either branch of the Congress. However, 
the Commission may not release information which the Commission 
considers to be confidential business information unless the party 
submitting the confidential business information had notice, at the time 
of submission, that such information would be released by the 
Commission, or such party subsequently consents to the release of the 
information. The Commission shall report to Congress on the first Monday 
of December of each year after June 17, 1930, a statement of the methods 
adopted and all expenses incurred, a summary of all reports made during 
the year, and a list of all votes taken by the commission during the 
year, showing those commissioners voting in the affirmative and the 
negative on each vote and those commissioners not voting on each vote 
and the reasons for not voting. Each such annual report shall include a 
list of all complaints filed under section 1337 of this title during the 
year for which such report is being made, the date on which each such 
complaint was filed, and the action taken thereon, and the status of all 
investigations conducted by the commission under such section during 
such year and the date on which each such investigation was commenced.

(June 17, 1930, ch. 497, title III, Sec. 332, 46 Stat. 698; Pub. L. 93-
618, title I, Sec. 173, title III, Sec. 341(b), Jan. 3, 1975, 88 Stat. 
2010, 2056; Pub. L. 96-39, title II, Sec. 202(a)(1), July 26, 1979, 93 
Stat. 201; Pub. L. 100-418, title I, Sec. 1613, Aug. 23, 1988, 102 Stat. 
1262; Pub. L. 100-647, title IX, Sec. 9001(a)(16), Nov. 10, 1988, 102 
Stat. 3808.)

                       References in Text

    The customs laws, referred to in subsec. (a), are classified 
generally to this title.

                          Codification

    Subsection (f) directed the Tariff Commission to ascertain the cost 
of crude petroleum during three years preceding 1930.
                            Prior Provisions

    Provisions similar to subsections (a), (b), and (g) of this section 
were contained in act Sept. 8, 1916, ch. 463, Secs. 702 to 704, 39 
Stat. 796. Those sections were superseded by section 332 of act June 17, 
1930, comprising this section.
    Provisions similar to those in subdivision (c) of this section were 
contained in act Sept. 8, 1916, ch. 463, Sec. 708, 39 Stat. 798. That 
section was superseded by section 332 of act June 17, 1930, comprising 
this section.
    Provisions similar to subdivisions (d) and (e) of this section were 
contained in act Sept. 21, 1922, ch. 356, title III, Sec. 318, 42 Stat. 
947. Section 318 of act 1922 was superseded by section 332 of act June 
17, 1930, comprising this section, and repealed by section 651(a)(1) of 
said 1930 act.
    Act Oct. 3, 1913, ch. 16, Sec. IV, R, 38 Stat. 201, directed 
President to ascertain certain facts and report to Congress when imports 
amounted to less than 5 per centum of domestic consumption, prior to 
repeal by act Sept. 21, 1922, ch. 356, title III, Sec. 321, 42 Stat. 
947.
                               Amendments

    1988--Subsec. (g). Pub. L. 100-647 substituted ``report to Congress 
on the first'' for ``report to Congress. on the first''.
    Pub. L. 100-418 substituted ``. However, the Commission may not 
release information which the Commission considers to be confidential 
business information unless the party submitting the confidential 
business information had notice, at the time of submission, that such 
information would be released by the Commission, or such party 
subsequently consents to the release of the information. The Commission 
shall report to Congress.'' for ``, and shall report to Congress''.
    1979--Subsec. (e)(2). Pub. L. 96-39 substituted ``the transaction 
value of the imported merchandise determined in accordance with section 
1401a(b) of this title plus, when not included in the transaction value, 
all necessary expenses, exclusive of customs duties, of bringing such 
merchandise to the United States'' for ``the price at which an article 
is freely offered for sale in the ordinary course of trade in the usual 
wholesale quantities for exportation to the United States plus, when not 
included in such price, all necessary expenses, exclusive of customs 
duties, of bringing such imported article to the United States''.
    1975--Subsec. (g). Pub. L. 93-618 substituted ``a summary of all 
reports made during the year, and a list of all votes taken by the 
commission during the year, showing those commissioners voting in the 
affirmative and the negative on each vote and those commissioners not 
voting on each vote and the reasons for not voting'' for ``and a summary 
of all reports made during the year'', and inserted last sentence 
relating to complaints included in annual reports.
                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-647 applicable as if such amendment took 
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out 
as an Effective and Termination Dates of 1988 Amendments note under 
section 58c of this title.
                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-39 effective July 1, 1980, see section 
204(a) of Pub. L. 96-39, set out as a note under section 1401a of this 
title.
                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 93-618 effective on 90th day after Jan. 3, 
1975, see section 341(c) of Pub. L. 93-618, set out as a note under 
section 1337 of this title.
                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in subsec. 
(g) of this section relating to an annual report to Congress on the 
first Monday of December of
each year, see section 3003 of Pub. L. 104-66, as amended, set out as a 
note under section 1113 of Title 31, Money and Finance, and page 194 of 
House Document No. 103-7.

                         Delegation of Functions

    Functions of President under subsec. (g) of this section regarding 
reports by United States International Trade Commission to President 
delegated to United States Trade Representative, see section 5-301 of 
Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under 
section 2901 of this title.
   Continuation of Reports With Respect to Synthetic Organic Chemicals

    Pub. L. 95-106, Sec. 5, Aug. 17, 1977, 91 Stat. 869, directed 
International Trade Commission to make, for each calendar year ending 
before Jan. 1, 1981, reports with respect to synthetic organic chemicals 
similar in scope to reports made with respect to such chemicals for 
calendar year 1976.
                   Review of Customs Tariff Schedules

    Act Sept. 1, 1954, ch. 1213, title I, Sec. 101, 68 Stat. 1136, as 
amended Aug. 2, 1956, ch. 894, 70 Stat. 955; May 19, 1958, Pub. L. 85-
418, Sec. 3, 72 Stat. 120, provided for a complete study by the Tariff 
Commission for the purpose of clarifying and simplifying the tariff 
classification, with a report to go to the President and to the chairmen 
of the appropriate committees of Congress no later than Jan. 1, 1959. 
See section 1332 of this title.