19 Usc 1333

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[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and July 7, 2006]
[CITE: 19USC1333]
TITLE 19--CUSTOMS DUTIES
CHAPTER 4--TARIFF ACT OF 1930
SUBTITLE II--SPECIAL PROVISIONS
Part II--United States International Trade Commission
Sec. 1333. Testimony and production of papers
(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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(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.
(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 subtitle shall be
treated as information described in section 552(b)(3) of title 5.
(June 17, 1930, ch. 497, title III, Sec. 333, 46 Stat. 699; June 25,
1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec. 32(b), 62
Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Pub. L. 85686, Sec. 9(a), (b), Aug. 20, 1958, 72 Stat. 679; Pub. L. 91-452, title
II, Sec. 229, Oct. 15, 1970, 84 Stat. 930; Pub. L. 93-618, title I,
Sec. 174, Jan. 3, 1975, 88 Stat. 2011; Pub. L. 101-382, title I,
Sec. 135(a), Aug. 20, 1990, 104 Stat. 651.)

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, Sec. 706, 39 Stat. 797, as amended by act Sept.
21, 1922, ch. 356, title III, Sec. 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.
Amendments
1990--Subsec. (h). Pub. L. 101-382 added subsec. (h).
1975--Subsec. (c). Pub. L. 93-618, Sec. 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, Sec. 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, Sec. 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, Sec. 9(b), substituted ``pending
before the commission'' for ``pending under Part II of this subtitle''.

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. 91452, set out as an Effective Date; Savings Provision note under section
6001 of Title 18, Crimes and Criminal Procedure.