United States Supreme Court Cases & Opinions

U.S. Supreme Court

J. W. Hampton, Jr. & Co. v. United States, 276 U.S. 394 (1928)

J. W. Hampton, Jr. & Company v. United States

No. 242

Argued March 1, 1928

Decided April 9, 1928

276 U.S. 394

Syllabus

1. Section 315(a), Title III, of the Tariff Act of Sept. 21, 1922, empowers and directs the President to increase or decrease duties imposed by the Act so as to equalize the differences which, upon investigation, he finds and ascertains between the costs of producing at home and in competing foreign countries the kinds of articles to which such duties apply. The Act lays down certain criteria to be taken into consideration in ascertaining the differences, fixes certain limits of change, and makes an investigation by the Tariff Commission, in aid of the President, a necessary preliminary to any proclamation changing the duties.

Page 276 U. S. 395

Held that the delegation of power is not unconstitutional. P. 276 U. S. 405.

2. Congress has power to frame the customs duties with a view to protecting and encouraging home industries. P. 276 U. S. 411.

14 Ct.Cust.App. 350 affirmed.

Certiorari, 274 U.S. 735, to a judgment of the Court of Customs Appeals, which affirmed a judgment of the United States Customs Court, 49 Treas.Dec. 593, sustaining a rate of duty as increased by proclamation of the President.

Page 276 U. S. 400