Import restriction

“ There is no doubt that our prohibiting the importation of a particular article, which, but for the prohibition, would have been imported, enables us to obtain our other imports at smaller cost. The article for which we have the greatest demand, and for which our demand is most increased by cheapness, is that which we should naturally import preferably to any other; now of this article we should import the quantity necessary to pay for our exports, on terms of interchange less advantageous to us than in the case of any other commodity. ”

“ The loss of the exports, and with it the imports also, must in truth be the end of the system. If we export, we must import, and the most simple and efficient system to secure the home market, would in fact be to prohibit exports; and as the constitution only prohibits duties on exports, and as duties are not prohibition, we may yet witness this modification of the American system. ”

“ That a tax upon the thing imported during the time it retains its character as an import and remains the property of the importer, 'in his warehouse, in the original form or package in which it was imported,' is a duty on imports within the meaning of the Constitution ”

“ In other words, if one State conditions sale of a good on the use of preferred farming, manufacturing, or production practices in another State where the good was grown or made, serious questions may arise under the Import-Export Clause. ”

“ We are satisfied that the existing laws relating to exportations, with the benefit of drawback, do not apply to relieve the person who has incurred, by an undervaluation of his import, this additional duty from the payment of any portion of it. ”

“ Parham, that goods carried from one state to another are not imports or exports within the meaning of the cluse which prohibits a state from laying any impost or duty on imports or exports, we do not mean to be understood as holding that a state may levy import or export duties on goods imported from or exported to another state. ”

“ Deep sea products come from waters beyond the national sovereignty or jurisdiction and hence are imports under any definition. American fisheries even may require, unless American bottoms are American territory, legislation to relieve their catch of general tariff charges. Procter & Gamble Manufacturing Co. v. United States, 19 C.C.P.A., Customs, 415. The required conclusion, it seems to me, is that an import is an article brought from beyond the sovereignty or jurisdiction of the United States. ”

“ Not upon goods or merchandise imported, but upon imports, upon any and every thing imported or brought into the country. And the words include men, as well as merchandise. That the meaning of the word imports includes men as well as things cannot, it seems to me, be denied. In common parlance, we say, when a new manufacture is established, in which we have had no experience, we must import our workmen from Europe, where they have experience in these matters. ”

“ To encourage foreign emigration was a cherished policy of this country at the time the Constitution was adopted. As a branch of commerce the transportation of passengers has always given a profitable employment to our ships, and within a few years past has required an amount of tonnage nearly equal to that of imported merchandise.
Is this great branch of our commerce left open to State regulation on the ground that the prohibition refers to an import, and a man is not an import? ”

“ The imposition of a moderate import duty upon the produce, whether rude or manufactured, of all other nations, but with an entire exemption to our own colonies, is obviously the first step in the right direction, and would go far to alleviate our distresses, and at the same time replenish the public Treasury and avert our external dangers. ”

“ These safeguard measures shall not apply to imports of any product described in paragraph 7 of a developing country that is a member of the World Trade Organization (WTO) , as long as that country's share of total imports of the product, based on imports during a recent representative period, does not exceed 3 percent, provided that imports that are the product of all such countries with less than 3 percent import share collectively account for not more than 9 percent of total imports of the product. ”

“ The authority responsible for foreign trade under the State Council and other relevant authorities under the State Council may, from the date when the administrative sanction decision or criminal penalty judgment takes effect as provided in paragraphs 1 and 2 of this Article, refuse the applications for import and export quotas or licenses submitted by the law-breaker, or prohibit the law-breaker from engaging in the import and export of relevant goods and technologies within a period from one to three years. ”

“ Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquillity. ”

“ Anyone who imports and exports the goods of which import and export is prohibited, or imports and exports the goods of which import and export is restricted without authorization shall be disposed of and punished by the Customs in accordance with relevant laws and administrative regulations ”

“ An importing Party that prohibits or restricts the importation of a good of another Party on the basis of an adverse result of an import check shall provide an opportunity for a review of the decision and consider any relevant information submitted to assist in the review. ”

“ Nor can it be properly concluded, that, because the products of domestic enterprise in agriculture or manufactures, or in the arts, may ultimately become the subjects of foreign commerce, that the control of the means or the encouragements by which enterprise is fostered and protected, is legitimately within the import of the phrase foreign commerce, or fairly implied in any investiture of the power to regulate such commerce. ”

“ Others must continue to trade through foreign trade enterprises. The delegation of authority has not involved a transfer of basic decisionmaking powers, and the continuance of central control is therefore assured. All trade must be conducted in accordance with binding state plans and guidelines issued by the minister of foreign trade. Every transaction requires approval by the Ministry of Foreign Trade in the form of an import or export [Pg 249] license. Central controls have also been retained over foreign exchange and over export and import prices. ”

“ The manufacturing requirement remains a reasonable and justifiable condition to the granting of a monopoly. There is no problem of international comity, since only works by American authors are affected by section 601. Foreign countries have many kinds of import barriers, currency controls, and similar restrictive devices comparable to a manufacturing requirement. ”

“ The manufacturer or the merchant must take the pains to accommodate a direct import trade to the exigencies of the local market. As an example, smaller bales and shorter lengths are requisite in the piece goods. The establishment of sample warehouses at the treaty ports, and in the more important trade-centres of the interior, where bales of shirting, cotton and woollen goods, cases of farming implements, &c., could be opened and sold for cash, would appeal to the natives. ”

“ That it is good for a country to have its exports exceed its imports is a notion that has been widely accepted among us. We have usually been in that position, and the fact has been accepted as proof that we were doing well under a policy of protection. England, on the other hand, has had an excess of imports over exports, and England is free trade; the English excess of imports has been accepted as proof of the mistaken nature of a free-trade policy. ”

“ By means of the products thus obtained, the people might then get in exchange all those commodities from foreign countries, the production of which it is, according to the laws of the division of labor, better to leave to foreign countries. [A3-1-4] Since one nation can lastingly pay [Pg 425] another nation only with its own products, any limitation of imports must, under otherwise equal circumstances, be attended by a corresponding limitation of exports. ”

“ On the other hand, there are imports so entirely of foreign origin, and so free from considerations of competition with domestic industry, that a large revenue may be raised upon them in the custom-house, without disturbing the freedom or equity of international trade. ”

“ It is understood that there shall be no obligation to apply such procedures to imports of goods put on the market in another country by or with the consent of the right holder, or to goods in transit. ”

“ Purporting to be acts laying duties and imposts on foreign imports! Can any one doubt that they are Acts laying duties on foreign imports? The objection to them is, that they lay duties for a purpose not recognised by the Constitution; but no man in his senses can pretend to doubt, that they do in fact lay duties on foreign imports. ”

“ Full decontrol may obviously be accompanied by an increase in price of imports, but it will create conditions favorable for the establishment of new industries to increase production for export and employment and, in the long run, stabilize prices. With the savings of foreign exchange resulting from the reduction of imports of consumer goods, we shall have more resources available for the importation of machineries and equipment to expand industrial production. ”

“ Under the law, any citizen may act as his own agent in clearing his own imports through Customs and no license is required.
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One of the ancient devices to aid the importer is known as the “drawback” privilege. “Drawback” is a word which is found in customs language through the centuries, and it is another word for “refund.”
In brief, the drawback works in this fashion: an importer brings262 merchandise into the United States to be used in the manufacture of certain articles. At the time of importation, he pays the normal duty. ”

“ No country can long import unless it also exports, or can long export unless it also imports. If then any circumstance should occur, which should permanently prevent a country from importing the usual amount of foreign commodities, it will necessarily diminish the manufacture of some of those commodities which were usually exported; and although the total value of the productions of the country will365 probably be but little altered, since the same capital will be employed, yet they will not be equally abundant and cheap ”

“ If, as no doubt, you will in future confine your imports to the amount of your exports of native products, and all your revenue is to be, as it is now, raised by taxes or duties on your imports, I ask you who pays the expense, and who, in fact, enables you to go on with your Government at all, and prevents its wheels from stopping? ”