investigations under sections 3 and 7 of the Trade Agreements Extension Act of 1951, as amended (Pub. Law 50, 82d Cong.; Pub. Law 215, 83d Cong.). Rules having specific application to investigations under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act, as amended, under section 504 of the Philippine Trade Act, and under sections 3 and 7 of the Trade Agreements Extension Act of 1951, as amended, respectively, appear separately in Parts 202 to 207, inclusive, of this chapter. In case of inconsistency between a rule of general application and a rule having specific application, the latter is controlling. No rules governing investigations under section 338 of the Tariff Act of 1930 (46 Stat. 704; 19 U. S. C. 1338) are issued because such investigations, which concern questions of possible discrimination by foreign countries against the commerce of the United States, are of a nature requiring their conduct under cover of secrecy.

[16 F. R. 10625, Oct. 18, 1951]

201.2 Exercise of powers. The Commission may meet and exercise all its powers at any place and may designate any of its members or any duly authorized agent or agents to prosecute any inquiry necessary to its duties.

§ 201.3 Quorum. A majority of the Commissioners in office shall constitute a quorum.

§ 201.4 Suspension of rules. In an emergency or when in the judgment of the Commission the public interest requires it, the Commission may modify or suspend any of its rules of practice and procedure except such details of procedure as are expressly required by law. Whenever feasible, public notice of such suspension will be given.

§ 201.5 Matters of official record available to the public. The following information and reports (except confidential material) may be inspected by persons concerned, on request to the Secretary, either in the Tariff Commission Building, Washington 25, D. C., or if requested, in the New York office of the Tariff Commission, Customhouse, New York 4, N. Y.

(a) Applications for investigations; complaints of unfair practices in import trade; answers and other documents

filed in opposition to such applications or complaints.

(b) Notices concerning investigations, including notices of institution of investigations, of hearings, and of disposition of investigations.

(c) Transcripts of testimony taken and exhibits submitted at hearings.

(d) Reports to the President the release of which has been authorized.

(e) Reports made to either or both Houses of Congress or to Committees of Congress, after release by the body concerned.

(f) Reports and other documents issued for general distribution. [14 F. R. 7289, Dec. 6, 1949, as amended at 16 F. R. 10625, Oct. 18, 1951]

201.6 Confidential information. (a) The following information and reports are held to be confidential for good cause found and are not available to public inspection:

(1) Reports to the President the release of which has not been authorized.

(2) Reports made to either or both Houses of Congress or to Committees of Congress which have not been made public by the body concerned.

(3) Reports containing confidential information, and reports prepared for the confidential use of other Government agencies.

Title

(b) Confidential business data. 18, U. S. C., section 1905 (62 Stat. 791) imposes criminal penalties upon an officer or employee of the United States or of any department or agency thereof who discloses "in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association

(c) Information submitted to the Commission in confidence should be submitted on separate pages clearly marked "Confidential." The Commission may

refuse to accept in confidence any particular information which it determines is not entitled to confidential treatment. [14 F. R. 7289, Dec. 6, 1949, as amended at 16 F. R. 10625, Oct. 18, 1951]

201.7 Methods employed in obtaining information—(a) Questionnaires, correspondence, and field work. In obtaining Information necessary to carry out its functions and duties, the Commission may employ any means authorized by law. It is the practice of the Commission to obtain much of its information through the use of questionnaires and correspondence, and through field work by duly authorized members of the Commission's staff who interview such manufacturers,

farmers, distributors, importers, representatives of labor, consumers, and others, as may be necessary to obtain the required information. Official requests for information required by the Commission are made either in writing or orally, and responses are received either in writing or orally, depending upon the nature of the information requested and the use to be made of it.

(b) Informal conferences. Informal conferences regarding any matter relating to the Commission's functions may be arranged by addressing a request to the Secretary, United States Tariff Commission, Tariff Commission Building, Washington 25, D. C.

(c) Formal hearings. In formal proceedings, the Commission obtains information from the evidence presented at hearings as well as through independent investigation by the Commission and its staff of experts.

[14 F. R. 7289, Dec. 6, 1949, as amended at 16 F. R. 10625, Oct. 18, 1951]

§ 201.8 Applications for investigation under section 336 of the Tariff Act of 1930, under section 504 of the Philippine Trade Act of 1946, and under section 7 of the Trade Agreements Extension Act of 1951, as amended, and complaints under section 337 of the Tariff Act of 1930. (a) All applications for investigations under section 336 of the Tariff Act of 1930, under section 504 of the Philippine Trade Act of 1946, or under section 7 of the Trade Agreements Extension Act of 1951, as amended, and complaints under section 337 of the Tariff Act of 1930, must be filed with the Secretary, United States Tariff Commission, Washington

25, D. C.1 All copies of applications, complaints, and other papers filed with the Commission in any such investigation must be identified on the first page thereof with the name of the person or firm on whose behalf they are filed.

(b) Receipt by the Commission of an application for investigation or of a complaint properly filed will be acknowledged by the Secretary of the Commission, and public notice of such receipt will be given in the manner prescribed in § 201.10. In the case of applications under section 7 of the Trade Agreements Extension Act of 1951, as amended, notice of receipt thereof may be included in the notice of institution of investigation.

(c) From the time of posting notice of the receipt of an application or of a complaint, such application or complaint, except for confidential material, will be made available for public inspection at the office of the Commission in Washington, D. C., where it may be read and copied by persons interested.

(d) Applications and complaints may be withdrawn at any time before an investigation pursuant thereto has been instituted or completed by the Commission, but, even if an application or complaint shall have been withdrawn, the Commission may institute or continue an investigation if in its judgment there is good and sufficient reason therefor.

(e) The Commission will notify the applicant or complainant of its decision to order or not to order the investigation requested. In reaching its decision, the Commission will take into consideration the information furnished by the applicant or complainant, the information assembled by its staff, and the information furnished by other persons either in favor of or opposed to the institution of an investigation.

[14 F. R. 7289, Dec. 6, 1949, as amended at 16 F. R. 10625, Oct. 18, 1951]

§ 201.9 Scope of investigation. In ordering an investigation, the Commission will not be confined to the commodity or commodities covered by an application or a complaint but may

1 Under Executive Order 7233 of November 23, 1935, applications for investigations under section 22 of the Agricultural Adjustment Act, as amended, must be filled with the Secretary of Agriculture. For procedure governing such applications see 7 CFR Part 6.

broaden, limit, or modify the scope of the investigation.

$201.10 Public notices. Public notice of receipt of applications or complaints properly filed, of the institution of investigations, of public hearings, of dismissal of applications or investigations, and of other formal actions of the Commission, under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act, as amended, under section 504 of the Philippine Trade Act of 1946, and under sections 3 and 7 of the Trade Agreements Extension Act of 1951, as amended, will be given by posting a copy of the notice at the principal office of the Commission at Washington, D. C., and at its office in New York City; and by publishing a copy of the notice in the FEDERAL REGISTER and in Treasury Decisions. Copies of such notices will also be sent to press associations, trade and similar organizations of producers, and to importers and others (including all persons named in the application or complaint concerned) known to the Commission to have an interest in the subject matter of the investigation.

[16 F. R. 10625, Oct. 28, 1951]

(a) Hear

§201.11 Public hearings. ings are required by law in the case of investigations under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act, as amended, under section 504 of the Philippine Trade Act of 1946, under section 3 of the Trade Agreements Extension Act of 1951, and under certain conditions under section 7 of the Trade Agreements Extension Act of 1951, as amended. No public hearing is required in general investigations under section 332 of the Tariff Act of 1930; however, when determined by the Commission to be appropriate and feasible, hearings will be held in such investigations.

(b) Public notice will be given of the time and place set for all hearings, in the manner prescribed in § 201.10. Announcement of a hearing will ordinarily be made 30 days in advance of the date set.

(c) Hearings will be conducted in accordance with the rules set forth in § 201.14.

[16 F. R. 10625, Oct. 18, 1951]

§ 201.12 Appearances. (a) Any person showing to the satisfaction of the

Commission an interest in the subject matter of an investigation may enter an appearance in such investigation, either in person or by representative, at any time before the close of the public hearing relating to the matter involved. Persons participating as witnesses only are not expected to enter appearances.

(b) Requests to enter an appearance 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. Attorneys or agents desiring to appear for any interested person or persons shall file written notice to that effect.

(c) 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 disbarred from practicing before the Commission, but only after he has been accorded an opportunity to be heard in the matter.

(d) No former officer or employee of the Commission who has, as such officer or employee, given personal consideration to an investigation (including preliminary inquiries prior to the institution of an investigation) shall be eligible to appear as attorney or agent before the Commission in such investigation. No former officer or employee of the Commission shall be eligible to appear as attorney or agent before the Commission within 2 years after the termination of such employment unless he has first obtained written consent from the Commission.

§ 201.13 Rehearings, additional hearings, postponements, continuances, and extensions of time. The Commission may in its discretion for good cause shown grant rehearings, additional hearings, postponements, or continuances of hearings, or extend the time for doing any act required by or pursuant to these rules. Motions or requests for postponements or extensions of time must be filed at least 10 days in advance of the time previously prescribed. Motions for additional hearing or rehearing must be filed within a reasonable time after the Commission's decision in the particular