The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-10-27
LAW MAKES TARIFF
GENUINELY ELASTIC
CulbertsOn Announces Rules
by Which Rates May Be
Altered.
APPEAL PLAN SIMPLIFIED
Commission Inquiries Will Be
Conducted on Lines of
Court Procedure.
APPEAL PLAN SIMPLIFIED

Rules OF tho United States Tariff
Commission. under which any one who
wants rate or classification Of the new
tariff law changed may make his appls-
cation, were made public yesterday by
William S. Culbertson. vice-chairman OF
the commission. at the annual conven-
ton OF the American Manufacturers Ex-
Astoria.
The law gives the President power TO
Increase or decrease rates or change
classification OF articles after investiga-
ton by the Tariff Commission has proved
such action necessary. That is the
meaning OF the elastic tariff" Now
AIR. Culbertson tells just how elasticity
is TO be achieved.
The commission has reshaped its
organization completely. 1t win have q
New York office and also will hold in
vestigatons in foreign countries. Tho
rules are taken to indicate that the
Tariff Commission will assume wide
Jurisdiction and act as a Quasi-Judicial
body similar to tho Interstate Commerce
Commission.
Rules OF Procedure.
Following are the rules as made
known by Mr.. Culbertson:
Application for an Investigation ma,
be made by any person. partnership, cor :
poration or association. An application
is not required to be In any special form,
but it must be in writing and signed by
OF on behalf of the applicant. and In the
| case OF an application under Section
316 II must be under oath. Every ap-
| plication must state the name. legal
residence, business address, occupation
and business connection Of the appli-
cant. and contain a. short and simple
| statement of the relief sought and the
J grounds therefor. If the information
contained In the application Is deemed
by the commission to be insufficient. the
commission may permit the applicant tc
amend 1t or to submit evidence.
In the case of applications for an
investigation under section 316 the COM
! mission shall consider the application
and the evidence submitted Herewith
with a view to determining whether the
entry of any goods shall be forbidden
pending further investigation.
An investigation may be ordered by
/
either upon the initiative Of the COM
mission or upon application.
scope Not Limited.
The commission will not be confined
to the issues presented in an application
but may broaden, limit or modify the
issues to be determined.
Any person, partnership corporation
! or association showing TO the satisfac-
ton of the commission an interest IN
the SUBJECT matter of an investigation
ordered may enter appearance in person
or by a representative Parties who
have entered appearance shall be notified
of the time and place of public hearings
Hearings shall be public unless ordered
| otherwise.
Witnesses. unless otherwise ordered by
the commission. shall be examined orally.
The attendance OF witnesses and tbs
production of documentary evidence may
be required from any place in the United
States at any designated place of hear
II ing. Any member OF the commission
may sign subpoenas, and members and
! agents of the commission when author
lied by the commission may administer
oaths and afiirmations. examine wit
nesses, take testimony and receive evil
dence. The commission may order testi-
mony to be taken by deposition.
witnesses TO he Paid.
| Witnesses summoned before the
| commission shall be paid the same
| fees and mileage that are paid wit
| nesses in the courts OF the United
| states, and witnesses whose deposit
| tens 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 service In the courts Of
the United States Witness fees and
mileage shall be paid by the party at
whose instance the witness appears
| The commissioner or Investigator in
Charge of any investigation shall re-
view all the evidence and shall sum-
Marie tho Same and prepare report
| IN writing.
Parties who have entered appear
ances shall, prior to the filing OF
briefs, have opportunity to examine
tho report of the commissioners or In
vestigator In charge and also the
record except such portions as relate
! tas trade secrets Briefs may be filed
In each investigation and shall be
printed in such form and manner as
| the commission shall direct.
Final hearings shall be before the
commission. Parties who have previ-
ously entered appearances may file
Briefs and upon permission being
granted by the commission present
raj arguments. Appeals on matters OF
law under Section 3l6 shall be governed
by the rules relating to appeals TO be
| taken 10 the United States Court OF
| CUSTOMS Appeals from decisions OF the