PART 204-INVESTIGATIONS OF EFFECTS OF IMPORTS ON AGRICULTURAL PROGRAMS Sec. 204.1 Applicability of part. 204.2 Investigations. 204.3 Public hearings. 204.4 Supplemental investigations. 204.5 Reports. AUTHORITY: The provisions of this Part 204 issued under sec. 335, 72 Stat. 680; 19 U.S.C. 1335. SOURCE: The provisions of this Part 204 appear at 27 F.R. 12121, Dec. 7, 1962, unless otherwise noted. § 204.1 Applicability of part. This Part 204 applies specifically to investigations under section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624)." For other applicable rules see Part 201 of this chapter. 'Section 22 provides in part as follows: "(a) Whenever the Secretary of Agriculture has reason to believe that any article or articles are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with any loan, purchase, or other program or operation undertaken by the Department of Agriculture, or any agency operating under its direction, with respect to any agricultural commodity or product thereof, or to reduce substantially the amount of any product processed in the United States from any agricultural commodity or product thereof with respect to which any such program or operation is being undertaken he shall so advise the President, and, if the President agrees that there is reason for such belief, the President shall cause an immediate investigation to be made by the United States Tariff Commission, which shall give precedence to investigations under this section to determine such facts. Such investigation shall be made after due notice and opportunity for hearing to interested parties, and shall be conducted subject to such regulations as the President shall specify. "(d) After investigation, report, finding, and declaration in the manner provided in the case of a proclamation issued pursuant to subsection (b) of this section, any proc lamation or provision of such proclamation may be suspended or terminated by the President whenever he finds and proclaims that the circumstances requiring the proclamation or provision thereof no longer exist or may be modified by the President whenever he finds and proclaims that changed circumstances require such modification to carry out the purposes of this section." (7 U.S.C. 624.) Regulations of the President are set forth in Executive Order 7233 of November 23, 1935. • Applications for investigations for the purposes of section 22 of the Agricultural Adjustment Act, as amended, must be filed with the Secretary of Agriculture (Executive Order 7233). PART 205-INVESTIGATIONS TO DETERMINE PROBABLE ECONOMIC EFFECT ON INDUSTRIES OF UNITED STATES TARIFF CONCESSIONS WHICH MAY BE INCLUDED IN PROPOSED TRADE AGREEMENTS Sec. 205.1 Applicability of part. 205.2 205.3 205.4 205.5 205.6 205.7 Subpart A-Investigations Relating to Presidential Lists of Articles Description of subpart. 205.8 205.9 205.10 Institution and notice of investigation. Public hearings. Presentation of written information and views. Reports to President confidential. Description of subpart. Advice to the President. AUTHORITY: The provisions of this Part 205 issued under sec. 335, 72 Stat. 680, sec. 401, 76 Stat. 902; 19 U.S.C. 1335, 1802. SOURCE: The provisions of this Part 205 appear at 27 F.R. 121222, Dec. 7, 1962, unless otherwise noted. § 205.1 Applicability of part. This Part 205 applies specifically to investigations to obtain information necessary to the preparation of advice to the President under sections 221 and 225(b) of the Trade Expansion Act (19 U.S.C. 1841, 1845). For other applicable rules see Part 201 of this chapter. Subpart A-Investigations Relating to Presidential Lists of Articles § 205.2 Description of subpart. This Subpart A relates to investigations to obtain information pertinent to the preparation of advice to the President under section 221(b) of the Trade Expansion Act with respect to articles included in a list furnished the Commission by the President pursuant to section 221(a) of that Act." 'Section 221 (a) and (b) of the Trade Expansion Act provides: "(a) In connection with any proposed trade agreement under this title, the President shall from time to time publish and furnish the Tariff Commission with lists of articles which may be considered for modification or continuance of United States duties or other import restrictions, or con An investigation to which this Subpart A relates will be instituted promptly after the receipt from the President of any : list referred to in § 205.2.8 § 205.4 Public hearings. (a) Hearings required. Public hearings will be held in connection with every investigation to which this Subpart A relates. (b) Requests to appear; witnesses. Requests to enter an appearance at a hearing under this Subpart A shall be filed as soon as practicable after publication of the notice of hearing, but not later than the date specified in the notice of hearing. Such requests shall contain the following information: (1) The name, address, and telephone number of the person filing the request and, if the request is filed by an attorney or agent, the name and address of the firm or organization he represents; (2) the identity of the witness or witnesses who will testify; and (3) an indication of the item or items in the list respecting which it is intended to present testimony. (c) Allotment of time. The Commission may limit the time for presentation of oral testimony when it determines such limitation to be in the public interest. tinuance of United States duty-free or excise treatment. In the case of any article with respect to which consideration may be given to reducing the rate of duty below the 50 percent limitation contained in section 201(b) (1), the list shall specify the section or sections of this title pursuant to which such consideration may be given. "(b) Within 6 months after receipt of such a list, the Tariff Commission shall advise the President with respect to each article of its judgment as to the probable economic effect of modifications of duties or other import restrictions on industries producing like or directly competitive articles, so as to assist the President in making an informed Judgment as to the impact that might be caused by such modifications on United States industry, agriculture, and labor." (19 U.S.C. 1841.) • Section 221(a) of the Trade Expansion Act (19 U.S.C. 1841) provides that lists of articles furnished the Commission shall be published by the President. Such publication will be in the FEDERAL REGISTER, usually in the same issue as that in which the Commission's notice of investigation appears. 'Section 225(b) of the Trade Expansion Act provides: "(b) During the 5-year period which begins on the date of the enactment of this Act, the President shall reserve an article (other than an article which, on the date of the enactment of this Act, was described in subsection (a)(3)) from negotiation under this title for the reduction of any duty or other import restriction or the elimination of any duty where (1) pursuant to section 7 of the Trade Agreements Extension Act of 1951 (or pursuant to a comparable Executive Order), the Tariff Commission found by a majority of the Commissioners voting that such article was being imported in such increased quantities as to cause or threaten serious injury to an industry, (2) such article is included in a list furnished to the Tariff Commission pursuant to section 221 (and has not been included in a prior list so furnished), and (3) upon request on behalf of the industry, made not later than 60 days after the date of the publication of such list, the Tariff Commission finds and advises the President that economic conditions in such industry have not substantially improved since the date of the report of the finding referred to in paragraph (1)." (19 U.S.C. 1845.) (a) When appropriate. A request for reservation from negotiations may be filed only with respect to an article which was the subject of a finding referred to in paragraph (b) of this section and which is included for the first time in a list referred to in § 205.2. (b) Who may file request. A request under this Subpart B may be filed by or on behalf of any firm or firms currently accounting for the major portion (by quantity) of the production of the domestic article concerned in an investigation pursuant to section 7 of the Trade Agreements Extension Act of 1951 (or pursuant to any comparable executive order) in which the Commission found (by a majority of the Commissioners voting) that an article was being imported in such increased quantities as to cause or threaten serious injury to an industry. The article with respect to which such a finding was made must be one which on December 11, 1962 was not the subject of a proclamation of the President issued pursuant to such section 7 increasing the duty or imposing other import restrictions as a result of such investigation.10 (c) Time for filing. Requests under this Subpart B with respect to any article must be filed not later than 60 days after the date of the publication of a list Sec. 206.5 Re 206.6 referred to in § 205.2 which includes such article for the first time. (d) Requirements for requests. quests under this Subpart B shall conform with the requirements for documents set forth in § 201.8 of this chapter and shall include the following: (1) The names and addresses of the firms known by the parties filing the request to be producing the domestic article concerned, and the location of the separate establishments, if any, of such firms in which such article is produced; (2) data on imports by quantity, for each of the most recent five full years, of the article with respect to which the finding referred to in § 205.8(b) was made; (3) data on production by quantity of the domestic article concerned for each of the most recent five full years; and (4) a statement of the facts forming the basis of the claim that economic conditions in the industry producing the domestic article concerned have not improved substantially since the date of the report of the Commission which contained the finding referred to in § 205.8(b). § 205.9 Investigations. (a) Institution. After receipt of a request under this Subpart B, properly filed, an investigation will be instituted to determine whether economic conditions in the industry concerned have improved substantially since the date of the report of the Commission which contained the finding referred to in § 205.8(b). (b) Consolidation. An investigation instituted pursuant to this Subpart B will be consolidated with the then current investigation being conducted pursuant to Subpart A of this part. § 205.10 Advice to the President. The Commission's advice to the President of the results of an investigation pursuant to this Subpart B will be included in the Commission's report to the President referred to in § 205.6. 206.7 Institution of investigations; copies of petitions to Departments. Public hearings. Reports to the President. Subpart B-Investigations Upon Petition for Tariff Adjustment (Industry) AUTHORITY: The provisions of this Part 206 issued under sec. 335, 72 Stat. 680, sec. 401, 76 Stat. 902; 19 U.S.C. 1335, 1802. SOURCE: The provisions of this Part 206 appear at 27 F.R. 12123, Dec. 7, 1962; 28 F.R. 522, Jan. 19, 1963, unless otherwise noted. § 206.1 Applicability of part. This Part 206 applies specifically to investigations under section 301 of the Trade Expansion Act. For other applicable rules see Part 201 of this chapter. Subpart A of this part sets forth rules generally applicable to petitions filed under this Part 206 and investigations based upon such petitions. Each of Subparts B, C, and D of this part sets forth rules specially applicable to petitions and investigations to which such subparts relate. § 206.2 Subpart A-General As used in this Part 206: (a) The term "firm" means an individual proprietorship, partnership, joint. venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, or receivers under decree of any court, owning or controlling one or more establishments for the conduct of manufacturing; processing, farming, fishing, or mining operations, and includes all such establishments. (b) The term "establishment" means a factory, plant, farm, mine, or fishery employed in the production of the domestic article named or described in a petition in accordance with § 206.4, and includes auxiliary facilities operated in conjunction with (whether or not physically separate from) production facilities. (c) The term "appropriate subdivision", when applied to a firm having more than one establishment, means a single establishment in which is produced the domestic article named or described in a petition in accordance with § 206.4. Where such domestic article is produced in a distinct part or section of an establishment, such part or section may be considered an "appropriate subdivision" of the firm. § 206.3 Identification of type of petition. Each petition under this Part 206 shall state clearly on the first page thereof "This is a petition under section 301(a) of the Trade Expansion Act of 1962 and Subpart [B, C, or D as the case may be] of Part 206 of the Rules of Practice and Procedure of the United States Tariff Commission". § 206.4 ucts). Identification of articles (prod Each petition under this Part 206 shall name or describe precisely the imported article concerned; specify the United States tariff provision under which such article is classified and the current tariff treatment thereof; and name or describe the like or directly competitive domestic article concerned. § 206.5 Institution of investigations; copies of petitions to Departments. Promptly after the receipt of a petition under this Part 206, properly filed, an appropriate investigation will be instituted, and a copy of the petition will be transmitted to the Secretary of Commerce. In the case of a petition under Subpart D of this part, a copy thereof will also be transmitted to the Secretary of Labor. § 206.6 Public hearings. A public hearing will be held in connection with each investigation instituted on the basis of a petition filed under Subpart B of this part. A public hearing will be held in connection with an investigation instituted on the basis of a petition under Subpart C or D of this part only (1) if request for a hearing is included in the petition or (2) if, within ten (10) days after notice of the receipt of a petition under Subpart C or D of this part, a hearing is requested by any other party showing a proper interest in the subject matter of the investigation. § 206.7 Reports to the President. The Commission will send to the President a report on the results of each investigation it conducts under this Part 206 (including in the report any dissenting or separate views), together with a transcript of the hearing (if any) and any briefs which may have been submitted in connection with the investigation. Subpart B-Investigations Upon Petition for Tariff Adjustment (Industry) § 206.8 Applicability of subpart. This Subpart B applies specifically to investigations under section 301(b) of the Trade Expansion Act." For other applicable rules see Subpart A of this part and Part 201 of this chapter. 11 Section 301(b) of the Trade Expansion Act provides in pertinent part as follows: "(1) Upon the request of the President, upon resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, upon its own motion, or upon the filing of a petition under subsection (a)(1), the Tariff Commission shall promptly make an investigation to determine whether, as a result in major part of concessions granted under trade agreements, an article is being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to the domestic industry producing an article which is like or directly competitive with the imported article. “(2) In making its determination under paragraph (1), the Tariff Commission shall take into account all economic factors which it considers relevant, including idling of productive facilities, inability to operate at a level of reasonable profit, and unemployment or underemployment. "(3) For purposes of paragraph (1), increased imports shall be considered to cause, or threaten to cause, serious injury to the domestic industry concerned when the Tariff Commission finds that such increased imports have been the major factor in causing, or threatening to cause, such injury." (19 U.S.C. 1901). |