art only (1) if request for a hearing

s included in the petition or (2) if, vithin ten (10) days after notice of the eceipt of a petition under Subpart C or ) of this part, a hearing is requested by ny other party showing a proper interst in the subject matter of the inestigation.

206.7 Reports to the President.

The Commission will send to the Presient a report on the results of each inestigation it conducts under this Part 06 (including in the report any disenting or separate views), together with transcript of the hearing (if any) and ny briefs which may have been subitted in connection with the investiation.

ubpart 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 he Trade Expansion Act." For other pplicable rules see Subpart A of this art and Part 201 of this chapter.

"Section 301(b) of the Trade Expansion ict provides in pertinent part as follows: "(1) Upon the request of the President, pon resolution of either the Committee on inance of the Senate or the Committee on Vays and Means of the House of Representaives, upon its own motion, or upon the filling f a petition under subsection (a) (1), the ariff Commission shall promptly make an nvestigation to determine whether, as a esult in major part of concessions granted nder trade agreements, an article is being mported into the United States in such inreased quantities as to cause, or threaten O cause, serious injury to the domestic inustry producing an article which is like or irectly competitive with the imported rticle.

"(2) In making its determination under aragraph (1), the Tariff Commission shall ake into account all economic factors which t considers relevant, including idling of proluctive facilities, inability to operate at a evel of reasonable profit, and unemployment or underemployment.

"(3) For purposes of paragraph (1), inreased imports shall be considered to cause, or threaten to cause, serious injury to the lomestic 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 J.S.C. 1901).

A petition under this Subpart B may be filed by a trade association, firm, certified or recognized union, or other representative of an industry producing an article like or directly competitive with a foreign article which it is claimed is, as a result in major part of concessions granted under trade agreements, being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to such industry. The names and locations of the firms represented in the petition and of their establishments in which the named or described domestic article is produced, as well as the names and locations of all other producers of such article known to the petitioner, shall be listed in the petition.

§ 206.10 Contents of petition.

A petition under this Subpart B shall include concrete information in support of petitioner's claim that as a result in major part of concessions granted under trade agreements the named or described foreign article is being imported in such increased quantities as to cause or threaten to cause serious injury to the domestic industry producing the named or described domestic article. Such supporting information shall be of the following character: (a) Import data (including data on imports for each of the most recent five full years) forming the basis of the claim that the named or described foreign article is being imported in increased quantities; (b) a statement of the basis of the claim that the increased imports have resulted in major part from trade agreement concessions; (c) data on total U.S. production by quantity of the named or described domestic article for each of the most recent five full years; (d) quantitative data indicating the nature and extent of the injury or threat thereof to the domestic industry concerned, with particular reference to the extent of idling of productive facilities, impairment of profitability of operations, and unemployment and underemployment; (e) enumeration and description of the factors believed to be causing or threatening to cause the injury described under (d); and (f) a statement regarding the extent to which increased imports of the named or described foreign article are believed to be such a factor.

Subpart C-Investigations Upon Petition for Determination of Eligibility of Firms To Apply for Adjustment Assistance

§ 206.12 Applicability of subpart.

This Subpart C sets forth the special rules applicable to investigations under section 301(c)(1) of the Trade Expansion Act 19 upon petition for a determination of eligibility to apply for adjustment assistance under chapter 2 of title III of such Act. For other applicable rules see Subpart A of this part and Part 201 of this chapter.

§ 206.13 Who may file petition.

A petition under this Subpart C may be filed by an individual firm, or a representative of such a firm, producing an article like or directly competitive with a foreign article which it is claimed is, as a result in major part of concessions granted under trade agreements, being imported into the United States in such increased quantities as to cause, threaten to cause, serious injury to such firm.

§ 206.14 Contents of petition.

or

As a part of each petition under this Subpart C, there shall be attached a

12 Section 301 (c) (1) of the Trade Expansion Act provides as follows: "In the case of a petition by a firm for a determination of eligibility to apply for adjustment assistance under chapter 2, 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 like or directly competitive with an article produced by the firm is being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to such firm. In making its determination under this paragraph, the Tariff Commission shall take into account all economic factors which it considers relevant, including idling of productive facilities of the firm, inability of the firm to operate at a level of reasonable profit, and unemployment or underemployment in the firm." (19 U.S.C. 1901).

completed Tariff Commission Form 30:F. (Copies of this form may be obtainɛ by prospective petitioners from the Sec retary of the Commission.) In addition each petition under this Subpart C sha include the following: (a) A statement of the basis of the claim that the increased imports of the named or described foreign article have resulted i major part from trade agreement con cessions; (b) enumeration and descrip tion of the factors believed to be causing or threatening to cause serious injury to the petitioning firm; and (c) a state ment regarding the extent to which increased imports of the named or described foreign article are believed to be such a factor.

§ 206.15 Release of reports.

Commission reports to the President concerning investigations to which this Subpart C relates will not be released to the public, but the Commission will make public its conclusion in each investigation.

Subpart D-Investigations Upon Petition for Determination of Eligibility of Workers to Apply for Adjustment Assistance

§ 206.16 Applicability of subpart.

This Subpart D sets forth the specia rules applicable to investigations under section 301(c)(2) of the Trade Expan sion Act 13 upon petition for determination of eligibility to apply for adjustment assistance under chapter 3 of title III of such Act. For other applicable rules see Subpart A of this part and Part 201 of this chapter.

§ 206.17 Who may file petition.

A petition under this Subpart D may be filled by a group (three or more) of

13 Section 301 (c) (2) of the Trade Expan sion Act provides as follows: "In the case of a petition by a group of workers for a de termination of eligibility to apply for ad Justment assistance under chapter 3, the Tariff Commission shall promptly make an investigation to determine whether, as result in major part of concessions granted under trade agreements, an article like of directly competitive with an article produced by such workers' firm, or an appropriate subdivision thereof, is being imported into the United States in such increased quantities as to cause, or threaten to cause, unemploy ment or underemployment of a significant number or proportion of the workers of such firm or subdivision." (19 U.S.C. 1901.)

orkers in an individual firm or by their ertified or recognized union or other uly authorized representative. The orkers by whom or on whose behalf the etition is filed must be persons who are, who have been within one year prior the date of the petition, employed regarly in the production of the named described domestic article by the firm hose workers are claimed to be unemoyed, underemployed, or threatened ith unemployment or underemployent, by reason of the increase in imorts of the named or described foreign ticle, which increase resulted in major art from concessions granted under ade agreements.

206.18

Contents of petition.

A petition under this Subpart D shall clude concrete information in support petitioning workers' claim that, as a sult in major part of concessions ranted under trade agreements, an rticle like or directly competitive with n article produced by the petitioning orkers' firm, or an appropriate subdiviion thereof, is being imported into the Inited States in such increased quanties as to cause, or threaten to cause, nemployment or underemployment of significant number or proportion of the workers of such firm or subdivision. In articular, supporting information of he following character shall be included: a) The name and location of the 'orkers' firm; (b) the total number of stablishments (all articles) operated by he workers' firm and their locations, lentifying the separate establishlent(s), if any, in which the named or escribed domestic article is produced; :) import data forming the basis of the aim that the named or described forign article is being imported in inreased quantities; (d) a statement of he basis of the claim that the increased nports resulted from trade agreement ɔncessions; (e) data on production and ales by the workers' firm as a whole of ne named or described domestic article, y quantity and value, during each of the ve most recent full years; (f) data for ach of the five most recent full years howing (1) the value of total sales of ll articles produced (i) by the firm as a thole, and (ii) by each separate estabishment, if any, in which the named or escribed domestic article is produced; 2) the average number of production workers employed (i) by the firm as a

whole, (ii) by each of the separate establishments, if any, in which the named or described domestic article is produced, and (iii) in the production of the named or described domestic article only; and (3) the total number of man-hours employed in the production of (i) all articles produced by the firm as a whole, (ii) all articles produced in each of the separate establishments, if any, in which the named or described domestic article is produced, and (iii) the named or described domestic article only; (g) enumeration and description of the factors believed to be causing or threatening unemployment or underemployment in the workers' firm or subdivision thereof, and (h) a statement regarding the extent to which increased imports of the named or described foreign article are believed to be such a factor.

AUTHORITY: The provisions of this Part 207 issued under sec. 335, 72 Stat. 680, sec. 401, 76 Stat. 902; 19 U.S.C. 1335, 1802.

SOURCE: The provisions of this Part 207 appear at 27 F.R. 12125, Dec. 7, 1962. § 207.1 Applicability of part.

This Part 207 applies specifically to the functions and duties of the Commission under the provisions of section 351 (d) of the Trade Expansion Act that deal with Commission review of increased or additional import restrictions imposed by

the President to prevent or remedy serious injury to domestic industries." For other applicable rules see Part 201 of this chapter.

§ 207.2 Continuing review maintained.

As long as any increase in, or imposition of, any duty or other import restriction made by the President pursuant to section 7 of the Trade Agreements Extension Act of 1951 or section 351 of the Trade Expansion Act remains in effect, the Commission will keep under review developments with respect to the industry concerned, and report annually to the President concerning such developments. Unless otherwise ordered, no

14 The pertinent provisions of section 351 (d) of the Trade Expansion Act are as follows:

"(1) So long as any increase in, or imposition of, any duty or other import restriction pursuant to this section or pursuant to section 7 of the Trade Agreements Extension Act of 1951 remains in effect, the Tariff Commission shall keep under review developments with respect to the industry concerned, and shall make annual reports to the President concerning such developments.

"(2) Upon request of the President or upon its own motion, the Tariff Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of the reduction or termination of the increase in, or imposition of, any duty or other import restriction pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951.

"(3) Upon petition on behalf of the industry concerned, filed with the Tariff Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any increase or imposition referred to in paragraph (1) or (2) of subsection (c) is to terminate by reason of the expiration of the applicable period prescribed in paragraph (1) or an extension thereof under paragraph (2), the Tariff Commission shall advise the President of its judgment as to the probable economic effect on such industry of such termination. "(4) In advising the President under this subsection as to the probable economic effect on the industry concerned, 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.

"(5) Advice by the Tariff Commission under this subsection shall be given on the basis of an investigation during the course of which the Tariff Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard." (19 U.S.C. 1981).

(a) Initiation of investigations. In vestigations for the purposes of section 351(d) (2) of the Trade Expansion Act will be instituted only upon request of the President or upon the Commission's own motion.

(b) Investigations upon Commission's own motion. An investigation upon the Commission's own motion will be insti tuted whenever, in the course of its continuing review of developments in the industry concerned (§ 207.2) it appears to the Commission that the increase in, or imposition of, the duty or other import restriction proclaimed by the President pursuant to section 7 of the Trade Agreements Extension Act of 1951 or section 351 of the Trade Expansion Act may no longer be necessary to prevent or remedy serious injury to such industry. § 207.4 Investigations to determine probable effect of automatic termi nation of increased or additional import restrictions."

(a) Initiation of investigations. Investigations for the purposes of section 351(d)(3) of the Trade Expansion Ast will be instituted upon petition filed on behalf of the industry concerned.

15 Investigations to which § 207.3 relates are conducted for the purpose of advising (the President in connection with any action he might take pursuant to section 351(c), (1) (A) of the Trade Expansion Act, which reads as follows: "Any increase in, or imposition of, any duty or other import restric tion proclaimed pursuant to this section of section 7 of the Trade Agreements Extension Act of 1951 • ⚫ may be reduced or termi nated by the President when he determines, after taking into account the advice received from the Tariff Commission under subsection (d) (2) and after seeking advice of the Secre tary of Commerce and the Secretary of Labor, that such reduction or termination is in the national interest." (19 U.S.C. 1981).

16 Section 351 (c) (1) (B) of the Trade Ex-pansion Act provides as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant this section or section 7 of the Trade Agree || ments Extension Act of 1951 • ⚫ unless extended under paragraph (2), shall termnate not later than the close of the date which is 4 years (or, in the case of any such increase or imposition proclaimed pursuant

(b) Who may file petition. A petition under this § 207.4 may be filed by or on behalf of any firm or firms which, during the last full year preceding the filing of the petition, accounted for the major portion (by quantity) of the domestic article concerned in the investigation of he Commission which resulted in the ncrease in, or imposition of, the duty or >ther import restriction.

(c) Time for filing. A petition under his § 207.4 may not be filed earlier than he date which is 9 months, or later than he date which is 6 months, before the late the original increase in, or imposiion of, the duty or other import restricion to which the petition relates, or any xtension thereof, is to terminate unless urther extended pursuant to law.

In

Public hearings.

208.5

208.6

(d) Requirements for petitions. ddition to conforming with the requirenents of § 201.8 of this chapter, petiions filed under this § 207.4 shall include he following: (1) The names and adiresses of the firms producing the donestic article concerned, and the location of the separate establishments, if any, of such firms in which such article is produced; (2) imports by quantity, for each of the most recent five full years, of the 'oreign article concerned; (3) producion by quantity, for each of the most recent two full years, of the domestic article concerned; and (4) a statement of the reasons why petitioner believes that in extension of the increase in, or im>osition of, the duty or other import estriction is warranted.

207.5 Public hearings.

A public hearing will be held in conlection with each investigation to which his Part 207 relates.

o such section 7, 5 years) after the effective late of the initial proclamation or the date of the enactment of this Act, whichever late is the later." The reference in section 51(c) (1) (B) to "paragraph (2)" is to pararaph 2 of section 351 (c), which reads as ollows: "Any increase in, or imposition of, ny duty or other import restriction proclaimed pursuant to this section or pursuant o section 7 of the Trade Agreements Extension Act of 1951 may be extended in whole or in part by the President for such periods (not in excess of 4 years at any one time) as ne may designate if he determines, after taking into account the advice received from the Tariff Commission under subsection (d)(3) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such extension is in the national Interest". (19 U.S.C. 1981).

Written statements.

Notification of Commission's determination.

AUTHORITY: The provisions of this Part 208 issued under sec. 335, 72 Stat. 680; 19 U.S.C. 1335.

SOURCE: The provisions of this Part 208 appear at 27 F.R. 12126, Dec. 7, 1962, unless otherwise noted.

§ 208.1 Applicability of part.

This Part 208 applies specifically to investigations for the purposes of section 201(a) of the Antidumping Act. For other applicable rules see Part 201 of this chapter.

§ 208.2 Purpose of investigation.

The purpose of an investigation by the Commission under section 201(a) of the Antidumping Act is to determine whether an industry in the United States is being, or is likely to be, injured, or is prevented from being established, by reason of the importation into the United States of a class or kind of foreign merchandise which the Secretary of the Treasury has determined is being, or is likely to be, sold in the United States or elsewhere at less than its fair value.

17 This part relates to the functions of the United States Tariff Commission under the provisions of the Antidumping Act. Responsibility for the administration of that Act, except with respect to the functions to which this Part 208 relates, is vested by law in the Secretary of the Treasury. Investigations under the Antidumping Act to determine whether a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value are initiated by the Bureau of Customs.