shall be copied and published. Where an inward manifest shows both quantity and value of the commodity, either may be copied and published, but not both in any instance. (g) Accredited representatives of regularly established associations, whether incorporated or not, shall be permitted to examine vessels' manifests for the purpose of securing data relative to merchandise of the kind or class in the importation of which the association is interested, subject to the foregoing rules; but this authority does not extend to attorneys or customs brokers representing individual importers. (h) Importers and exporters or other duly authorized brokers, attorneys, or agents may be permitted to examine manifests with respect to any consignment of goods in which they have a proper and legal interest as principal or agent, but shall not be permitted to make any general examination of manifests or to make any copies or notations from the same except with reference to the particular importation or exportation in which they have a proper and legal interest. (i) All copies and notations from inward and outward manifests shall be submitted for examination by the customs officers designated for that purpose. (i) Persons other than representatives of the press and associations provided for above, who have no proper and legal interest in any of the merchandise covered by a manifest, shall not be permitted access to the same. (k) Upon written application of any importer or exporter, the collector of customs shall refuse to permit any person, except as provided in paragraph (h) of this section, to copy from manifests any information or data concerning the merchandise imported or exported by the applicant. Upon written application of the master or owner of any vessel or line of vessels, the collector of customs shall refuse to permit any person, except as provided in paragraph (h), to copy any information or data contained in manifests of merchandise carried by the vessel or vessels controlled by the applicant, if the collector is satisfied, upon evidence presented to him, that the publication of the information or data has been or will be detrimental or prejudicial to the applicant. (1) In case any individual shall abuse the privilege granted him of examining inward and outward manifests or shall make any improper use of any information or data obtained from such manifests filed in the customhouse, both he and the party or publication which he represents shall thereafter be denied access to such documents. (m) Information regarding import and export statistics covering specific commodities may be furnished to trade papers, trade organizations, and commercial concerns upon request therefor. This information should conform as nearly as possible to the statistics forwarded to the Department of Commerce and should not disclose confidential information, such as names of shippers or consignees, marks and numbers, vessels' names, etc. Page 439 (n) The disclosure of the information contained in customs docu. ments (with the exception of statistical data, and data contained in vessels' manifests as heretofore provided for), or the disclosure to one importer or exporter of information relative to the business of another importer or exporter acquired by the officer or employee by reason of his official employment, will constitute grounds for dismissal from the service; and if done for a valuable consideration will subject such person to criminal prosecution. (R.S. 161; 5 U.S.C. 22) [Art. 1465, Cust. Regs. 1937, as amended by T.D. 49367, Jan. 21, 1938] CROSS REFERENCE: For regulations of the Bureau of Foreign and Domestic Commerce relating to confidential information, see 15 CFR 305.4. a Page 440 CHAPTER II-UNITED STATES TARIFF COMMISSION Part Part 201 Rules of general application 204 Rules respecting investigation of 202 Rules respecting equalization of effects of imports on the agricul. costs of production tural program 203 Rules respecting unfair practices in import trade CROSS REFERENCES Bureau of Customs, Department of the Treasury: See Chapter I. chandise: See Foreign Relations, 22 CFR 95.589–95.603L, 96.657-96.721. SUPPLEMENTAL PUBLICATIONS Ohanges in import duties since the passage of the Tariff Act of 1930, United States Tariff Commission. Jan. 1939. PART 201—RULES OF GENERAL APPLICATION Sec. Sec. 201.1 Applicability of general rules. 201.9 Rehearings, postponements, con201.2 Principal office. tinuances, and extensions of 201.3 Suspension of rules. time. 201.4 United States publications as 201.10 Conduct of public hearings. evidence. 201.11 Witnesses and subpenas. 201.5 Confidential information. 201.12 Witness fees and mileage. 201.6 Action upon receipt of applica- 201.13 Depositions. tion or complaint. 201.14 Oral argument. 201.7 Scope of investigation. 201.15 Commissioners sitting at hear. 201.8 Appearances. ings. 201.16 Service. а Section 201.1 Applicability of general rules. The Tariff Commission's rules of general application apply (except for a few details, which are indicated) to investigations under the provisions of sections 332, 336, and 337 of title III, part II, of the Tariff Act of 1930 (46 Stat. 698, 701, 703; 19 U.S.C. 1332, 1336, 1337). In addition to the rules of general application, rules having specific application to investigations under sections 336 and 337 appear separately in Parts 202 and 203 of this title. It is not feasible to promulgate rules for investigations under section 338 (46 Stat. 704; 19 Ū.S.C. 1338). Attention is called to the fact that the law does not require hearings in general investigations under section 332; however, when it is decided to hold hearings in such investigations, notice will be given Page 1 and the hearings conducted so far as feasible in the same manner as under section 336.** *$$_201.1 to 201.16, inclusive, issued under the authority contained in secs. 330-341, 46 Stat. 696 ff.; 19 U.S.O. 1330-1341. *The source of $8 201.1 to 201.16, inclusive, is Rules of practice and procedure, United States Tariff Commission, Dec. 10, 1937, 2 F.R. 2762. ABBREVIATION: The following abbreviation is used in this chapter: Rules, USTC Rules of practice and procedure, United States Tariff Commis sion, Dec. 10, 1937. 201.2 Principal office. The principal office of the Commission, at Washington, D. C., is open each business day from 9 a. m. to 4:30 p. m., except on Saturday, when the office hours are 9 a. m. to 1 p. m. The Commission may meet and exercise all its powers at any place and may designate one or more of its members or any duly authorized agent or agents to hold hearings or to prosecute any inquiry necessary to its duties. A majority of the Commissioners in office shall constitute a quorum.** 201.3 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 wiĩl be given.*+ 201.4. United States publications as evidence. Publications of the United States Government, particularly reports of the Tariff Commission, need not be offered in evidence because the Commission will notice them as public documents. Reference may be made to a document by its title and particular page.** 201.5 Confidential information. Trade secrets and processes within the meaning of section 335 of the Tariff Act of 1930 (46 Stat. 701; 19 U.S.C. 1335) will not be made public. Furthermore, individual business data which the Commission considers to be of a confidential nature will be withheld from disclosure. All data which persons wish to have considered confidential should be submitted on separate pages, clearly marked "Confidential.” The acceptance of any particular information in confidence is within the discretion of the Commission.** 201.6 Action upon receipt of application or complaint. (a) Receipt of an application for investigation under section 336 or of a complaint under section 337 will be acknowledged by the Secretary of the Commission, and public notice of such receipt will be posted at least 10 days at the principal office of the Commission in Washington, D. C., and at its office in New York City, and published in Treasury Decisions of the Treasury Department, and in Commerce Reports of the Department of Commerce. This public notice will set forth the name or description of the commodity concerned, the date of receipt and the purpose of the application or complaint, and the name of the applicant or complainant. Similar public notice will be given of applications or complaints withdrawn or dismissed. Copies of notices referred to in this paragraph will be mailed to all persons named in the application or complaint concerned. (b) At the time of posting notice of the receipt of an application or of a complaint, such application or complaint, except for confiPage 2 ** For statutory and source citations, see note to 8 201.1. **For statutory and source citations, see note to $ 201.1 dential 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. (c) Applications and complaints may be withdrawn as a matter of course at any time before an investigation pursuant thereto has been ordered by the Commission, but, whether or not an application or complaint shall have been withdrawn, the Commission may order an investigation in any case if in its judgment the public interest so requires. The Commission may also in special cases and for adequate cause allow the withdrawal of an application or complaint after an investigation has been ordered, but the investigation may be continued if deemed by the Commission to be in the public interest. Investigations may be terminated short of formal completion when, in the judgment of the Commission, the public interest so requires. (d) 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. ** 201.7 Scope of investigation. In ordering an investigation the Commission will not be confined to the issues presented in an application or a complaint but may broaden, limit, or modify the scope of the investigation.** 201.8 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. A written notice of an appearance on behalf of a particular person or persons in a proceeding should be submitted by attorneys or agents desiring to appear for such person or persons. (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 Page 3 |
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