§ 1333. Testimony and production of papers

Statutory text

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.

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.

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.

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.

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.

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.

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1930
Pub. L. 71–497 · 46 Stat. 590
Enacted · 19 U.S.C. § 1333
June 17, 1930, ch. 497, title III, § 333, 46 Stat. 699
Source evidence
Code source credit
June 17, 1930, ch. 497, title III, § 333, 46 Stat. 699
1958
Trade Agreements Extension Act of 1958
Pub. L. 85–686 § 9(a) · 72 Stat. 673
1. Substituted · 19 U.S.C. § 1333(a)
  Pub. L. 85–686, § 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”
2. Inserted · 19 U.S.C. § 1333(a)
  Pub. L. 85–686, § 9(a), 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
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–686, § 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.
Enacted provision · exact public law section
(a) Subsection (a) of section 333 of the Tariff Act of 1930 Subpena powers. 46 Stat. 699. (19 U. S. C., sec. 1333 (a)) is amended to read as follows: “(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.”
1958
Trade Agreements Extension Act of 1958
Pub. L. 85–686 § 9(b) · 72 Stat. 673
Substituted · 19 U.S.C. § 1333(d)
Pub. L. 85–686, § 9(b), substituted “pending before the commission” for “pending under Part II of this subtitle”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 85–686, § 9(b), substituted “pending before the commission” for “pending under Part II of this subtitle”.
Enacted provision · exact public law section
(b) Subsection (d) of section 333 of the Tariff Act of 1930 (19 U. S. C., sec. 1333 (d)) is amended by striking out “under Part II of 46 Stat. 699. this title” and inserting in lieu thereof “before the commission”.
1970
Organized Time Control Act of 1970
Pub. L. 91–452 title II § 229 · 84 Stat. 922
Struck · 19 U.S.C. § 1333(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
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
Sec. 229. Subsection (e) of section 333 of the Tariff Act of 1930 (46 Stat. 699; 19 U.S.C. § 1333(e)), is amended by striking “: Provided, That” and all that follows in that subsection and inserting in lieu thereof a period.
Effective date note
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.
1975
Trade Act of 1974
Pub. L. 93–618 § 174(1) · 88 Stat. 1978
Substituted · 19 U.S.C. § 1333(c)
Pub. L. 93–618, § 174(1), substituted “At the request of” for “Upon application of the Attorney General of the United States, at the request of”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–618, § 174(1), substituted “At the request of” for “Upon application of the Attorney General of the United States, at the request of”.
Enacted provision · exact public law section
(1) by striking out “Upon application of the Attorney General of the United States, at” in subsection (c) and inserting in lieu thereof “At”, and
1975
Trade Act of 1974
Pub. L. 93–618 § 174(2) · 88 Stat. 1978
Added · 19 U.S.C. § 1333(g)
Pub. L. 93–618, § 174(2), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 93–618, § 174(2), added subsec. (g).
Enacted provision · exact public law section
(2) by adding at the end thereof the following new subsection: “(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.”
1990
Customs and Trade Act of 1990
Pub. L. 101–382 title I § 135(a) · 104 Stat. 629
Added · 19 U.S.C. § 1333(h)
Pub. L. 101–382 added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 101–382 added subsec. (h).
Enacted provision · exact public law section
(a) In General.— Section 333 of the Tariff Act of 1930 (19 U.S.C. 1333) is amended by adding at the end thereof the following new subsection: “(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 title shall be treated as information described in section 552(b)(3) of title 5, United States Code.”.

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

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, § 706, 39 Stat. 797, as amended by act Sept. 21, 1922, ch. 356, title III, § 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.

Amendments1958–1990 · 4 rounds

1990

Subsec. (h). Pub. L. 101–382 added subsec. (h).

1975

Subsec. (c). Pub. L. 93–618, § 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, § 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, § 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, § 9(b), substituted “pending before the commission” for “pending under Part II of this subtitle”.

Statutory Notes and Related Subsidiaries

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.

Credits

1930–1990 · 8 acts

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

Show as published

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