§ 72. — Importation or sale of articles at less than market value or wholesale price.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC72]
TITLE 15--COMMERCE AND TRADE
CHAPTER 2--FEDERAL TRADE COMMISSION; PROMOTION OF EXPORT TRADE AND
PREVENTION OF UNFAIR METHODS OF COMPETITION
SUBCHAPTER VI--PREVENTION OF UNFAIR METHODS OF COMPETITION
Sec. 72. Importation or sale of articles at less than market
value or wholesale price
It shall be unlawful for any person importing or assisting in
importing any articles from any foreign country into the United States,
commonly and systematically to import, sell or cause to be imported or
sold such articles within the United States at a price substantially
less than the actual market value or wholesale price of such articles,
at the time of exportation to the United States, in the principal
markets of the country of their production, or of other foreign
countries to which they are commonly exported after adding to such
market value or wholesale price, freight, duty, and other charges and
expenses necessarily incident to the importation and sale thereof in the
United States: Provided, That such act or acts be done with the intent
of destroying or injuring an industry in the United States, or of
preventing the establishment of an industry in the United States, or of
restraining or monopolizing any part of trade and commerce in such
articles in the United States.
Any person who violates or combines or conspires with any other
person to violate this section is guilty of a misdemeanor, and, on
conviction thereof, shall be punished by a fine not exceeding $5,000, or
imprisonment not exceeding one year, or both, in the discretion of the
court.
Any person injured in his business or property by reason of any
violation of, or combination or conspiracy to violate, this section, may
sue therefor in the district court of the United States for the district
in which the defendant resides or is found or has an agent, without
respect to the amount in controversy, and shall recover threefold the
damages sustained, and the cost of the suit, including a reasonable
attorney's fee.
The foregoing provisions shall not be construed to deprive the
proper State courts of jurisdiction in actions for damages thereunder.
(Sept. 8, 1916, ch. 463, title VIII, Sec. 801, 39 Stat. 798.)
