CHAPTER II-UNITED STATES TARIFF COMMISSION Part 201 202 Rules of general application. Investigations of costs of production. 203 Investigations of alleged unfair practices in import trade. 204 Investigations of effects of imports on agricultural programs. 205 206 207 208 Sec. Investigations to determine probable economic effect on industries of United ments. Investigations of import injury to industries, firms, or workers due to trade Review of actions providing additional tariff protection to industries to PART 201-RULES OF GENERAL 1.3 E. 11, 68 Stat. 1138, 72 Stat. 583; 19 C. 160, et seq.). 1.3 Commission offices, mailing address, and hours. a) Offices. The principal office of the mmission is located in the Tariff Comsion Building on E Street between and 8th Streets NW., Washington, . A branch office of the Commission maintained in the Customhouse, New -k City. b) Mailing address. All communicams to the Commission should be adssed to the "Secretary, U.S. Tariff mmission, Washington 25, D.C.". c) Hours. The hours of the Comsion are from 8:45 a.m. to 5:15 p.m., tern standard or daylight saving Le, whichever is in effect where the ces are located. 01.4 Performance of functions. a) Conduct of business. A majority the members of the Commission concutes a quorum. The Commission y meet and exercise its powers at any ce, and may, by one or more of its mbers, or by such agents as it may ignate, prosecute any inquiry necesy to its duties in any part of the ited States or in any foreign country. b) Alteration or waiver of rules. les in this chapter may be amended, ived, suspended, or revoked by the mmission only. A rule may be ived or suspended only when in the dgment of the Commission there is od and sufficient reason therefor, proled the rule is not a matter of procere required by law. (c) Authority to make decisions. Aubrity to interpret the Commission's les and the laws applying to the Comssion, and to make findings, deternations, or other decisions not relatg to matters of internal management, retained in the Commission itself and not delegated. Commission matters, (3) tr (b) Material not available to the lic. Reports to the President, to e or both Houses of Congress, or to Com mittees of Congress, the release of which has not been authorized by the President or the legislative body concerned, and confidential business data as defined in § 201.6, are not available to the public. § 201.6 Confidential business data. (a) Definition. Confidential business data consist of any information which concerns or relates to the trade secrets, processes, operations, style of work, or (b) Conformity et aiming at the estigation by the Co considered properly fi forms with the pertinen in this chapter. Substa with the pertinent rules by the Commission pro apparatus, or to the identity, confidentialicient reason is stat statistical data, amount or source of any ent for inability to c income, profits, losses, or expenditures of the pertinent rules. any person, firm, partnership, corporation, or association, the disclosure of which is not authorized by law or by the party furnishing such information. (c) Specifications for cuments filed under paper not large ches in size, except t similar material dediff practicable) drcent to which at shall be at leas the document bond on the left side reproduced by pri Jess, provided all Number of co aland nineteen (19 document shall be Tentification either branch of Congress, or upon application, petition, complaint, or request of private parties, as required or provided for in the pertinent statute, Presidential proclamation, Executive Order, or in this chapter. § 201.8 Filing of documents. (a) Where to file; date of filing. Documents shall be filed at the office of the Secretary of the Commission in Washington, D.C. Such documents, if properly filed, will be deemed to be filed on the date on which they are actually received in the Commission. (b) Conformity with rules. No docu=ment aiming at the initiation of any investigation by the Commission shall be considered properly filed unless it conforms with the pertinent rules prescribed in this chapter. Substantial compliance with the pertinent rules may be accepted Eby the Commission provided good and sufficient reason is stated in the document for inability to comply fully with the pertinent rules. (c) Specifications for documents. All documents filed under this chapter shall be on paper not larger than 82 by 11 inches in size, except that tables, charts, and similar material may be larger but folded (if practicable) to the size of the #document to which attached. The left margin shall be at least 11⁄2 inches wide, and if the document is bound it shall be bound on the left side. Documents may be reproduced by printing or any other process, provided all copies are clear and legible. (d) Number of copies. A signed original and nineteen (19) true copies of each document shall be filed. The name of the person signing the original shall be typewritten or otherwise reproduced on each copy. ments contained therein are true, and that the person signing the document was duly authorized to sign it. § 201.9 (e) Identification of party filing document. Every document filed with the Commission for the purpose of initiating any investigation shall show on the first page thereof the name and address of the party or parties by whom, or on whose behalf the document is filed and shall be signed by the party filing the document or by a duly authorized officer, attorney, or agent of such party. (Also, any attorney or agent filing the document shall give his address.) The signature of the person signing such a document constitutes a certification that he has read the document, that to the best of his knowledge and belief the state Methods employed in obtaining information. In obtaining information necessary to carry out its functions and duties, the Commission may employ any means authorized by law. In general, the Commission obtains pertinent information from its own files, from other agencies of the Government, through questionnaires and correspondence, through field work by members of the Commission's staff, and from testimony and other evidence presented at the hearings, Formal notice of the receipt of documents properly filed, of the institution of investigations, of public hearings, and, as required or appropriate, of other formal actions of the Commission, will be given by publication in the FEDERAL REGISTER. In addition to such formal notice, a copy of each notice will be posted at the office of the Secretary of the Commission in Washington, D.C., and at the Commission's office in New York City, and copies will be sent to press associations, to trade and similar organizations of producers and importers, and to others known to the Commission to have an interest in the subject matter. An announcement regarding the notice will be furnished to the Treasury Department for publication in Treasury Decisions and to the Department of Commerce for publication in International Commerce. the hearing, but also on such information as the Commission obtains through other means indicated in § 201.9. § 201.12 Conduct of hearings. (a) Participation by Commission. Unless otherwise ordered by the Commission in connection with a particular investigation, public hearings will be conducted by one or more Commissioners; but in all cases the transcript of the testimony at a hearing will be presented for the consideration of the Commission. (b) Order of testimony. Unless otherwise ordered by the Commission, witnesses will give testimony in the order designated by the Secretary of the Commission. Each witness, after being duly sworn, will be permitted to proceed with his testimony without interruption, except by members of the Commission. After completing his testimony, a witness may be questioned by any member of the Commission or by an agent designated by the Commission. Any person who has entered an appearance in accordance with § 201.13 may, with the permission of the Commission, direct questions to the witness, but only for the purpose of assisting the Commission in obtaining relevant and material facts with respect to the subject matter of the investigation. (c) Certification of testimony. Evidence, oral or written, submitted at hearings, will upon order of the Commission be subject to verification from books, papers, and records of the parties submitting the evidence and from any other available sources. (d) Oral argument. When, in the opinion of the Commission, time permits and the nature of the proceedings and the complexity or importance of the questions of fact or law involve warrant, the Commission may allow oral argument after conclusion of the testimony in a hearing. The Commission will determine in each instance the time to be allowed for argument and the allocation thereof. (e) Briefs. Briefs of the evidence produced at the hearing and arguments thereon may be presented to the Commission by parties interested who have entered an appearance. Unless otherwise ordered, twenty (20) clear copies shall be filed with the Secretary of the Commission. Time to be allowed for submission of briefs will be set after conclusion of testimony and oral argument, if any. (f) Hearing transcripts. All hearings are stenographically reported. The Commission does not distribute transcripts of the records of such hearings. Parties interested may inspect them at the Commission's office in Washington, D.C., or purchase them from the official reporter. § 201.13 Appearances. (a) Who may enter an appearance. Any person showing to the satisfaction of the Commission a proper interest in the subject matter of an investigation may enter an appearance in such investigation, either in person or by representative, for the purpose of appearing at a public hearing. Witnesses in behalf of persons entering an appearance need not enter appearances separately. (b) Requests to appear. Requests to enter appearances shall be filed in writing with the Secretary of the Commission at its office in Washington, D.C., or at any other place where a hearing is held. Unless otherwise ordered, requests shall be filed at least three (3) days in advance of the date set for hearing. Attorneys or agents desiring to appear for any interested person or persons shall file written notice to that effect. § 201.14 Additional hearings, postpone ments, continuances, and extensions of time. Prior to its final determination in any investigation, the Commission may in its discretion for good cause shown grant additional hearings, postponements or continuances of hearings, or extend the time for performing any act required by or pursuant to the rules contained in this chapter. Motions or requests for postponements or extensions of time must be filed at least ten (10) days in advance of the time otherwise prescribed. The Commission may on its own motion order such additional hearings, postponements, or continuances of hearings as it may deem necessary for a full presentation of the facts in any investigation. § 201.15 Attorneys or agents. (a) In general. No register of attorneys or agents who may practice before the Commission is maintained. No application for admission to practice is required. Any person desiring to appear as attorney or agent before the Commission may be required to show to the satisfaction of the Commission his acceptability in that capacity. Any attorney or agent practicing before the Commission, or desiring so to practice, may for good cause shown be suspended or barred from practicing before the Commission, but only after he has been accorded an opportunity to be heard in the matter. (b) Former officers or employees. No former officer or employee of the Commission who personally and substantially participated in a matter which was pending in any manner or form in the Commission during his employment shall be eligible to appear before the Commission as attorney or agent in connection with such matter. No former officer or employee of the Commission shall be eligible to appear as attorney or agent before the Commission in connection with any matter which was pending in any manner or form in the Commission during his employment, unless he first obtains written consent from the Commission. § 201.16 Service of process. (a) Certified or registered mail. Except when service by another method shall be specifically ordered by the Commission, the service of a process of the Commission shall be effected by delivery of a copy of the document by certified or registered mail, return receipt requested, to the person to be served, to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served. Complaints, briefs, and findings referred to in Part 203 of this chapter will be served similarly. (b) Personal delivery. When service cannot be accomplished by certified or registered mail, or whenever the Commission shall so direct, a process of the Commission may be served by anyone duly authorized by the Commission (1) by delivering a copy of the document to the person to be served, to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (2) by leaving a copy thereof at the principal office of such person, partnership, or corporation. (c) Proof of service. The return post office receipt for such process, certified or registered and mailed as aforesaid, or the verified return by the person serving such process, setting forth the manner of said service, shall be proof of service of the document. AUTHORITY: The provisions of this Part 202 issued under sec. 335, 72 Stat. 680; 19 U.S.C. 1335. SOURCE: The provisions of this Part 202 appear at 27 F.R. 12120, Dec. 7, 1962, unless otherwise noted. § 202.1 Applicability of part. This Part 202 applies specifically to investigations under section 336 of the Tariff Act (19 U.S.C. 1336).1 For other applicable rules see Part 201 of this chapter. § 202.2 Applications. (a) Who may file. Applications for an investigation to which this Part 202 relates may be filed by any firm, association of firms, or corporation engaged in the production of a domestic article, or by any duly authorized representative of the foregoing. (b) Requirements for applications. In addition to conforming with the requirements of § 201.8 of this chapter, applications under this Part 202 shall include the following: (1) A clear statement that they are requests for investigations for the purposes of section 336; (2) the name or description of the article concerning which an investigation is sought; (3) a reference to the tariff provision or provisions applicable to such article; and (4) a statement indicating 1 Section 336(a) of the Tariff Act provides in part that "(1) upon request of the President, or (2) upon resolution of either or both Houses of Congress, or (3) upon its own motion, or (4) when in the judgment of the commission there is good and sufficient reason therefor, upon application of any interested party, [the commission] shall investigate the differences in the costs of production of any domestic article and of any like or similar foreign article". (19 U.S.C. 1336.) The provisions of section 336 of the Tariff Act may not be applied to any article with respect to the importation of which into the United States a foreign trade agreement has been concluded under the Trade Agreements Act of 1934, as amended, or the Trade Expansion Act. (19 U.S.C. 1352(a)). |