(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 the Commission which resulted in the increase in, or imposition of, the duty or other import restriction.

(c) Time for filing. A petition under this § 207.4 may not be filed earlier than the date which is 9 months, or later than the date which is 6 months, before the date the original increase in, or imposition of, the duty or other import restriction to which the petition relates, or any extension thereof, is to terminate unless further extended pursuant to law.

§ 207.6 Reports.

After completion of an investigation to which this Part 207 relates, the Commission will report to the President its judgment, based upon such investigation, as to the probable economic effect on the industry concerned of the reduction or termination of the increase in, or imposition of, the duty or other import restriction in question.

PART 208-INVESTIGATIONS OF DUMPING INJURY TO DOMESTIC INDUSTRY 17

Sec. 208.1

208.2

208.3

In

208.4

208.5

208.6

(d) Requirements for petitions. addition to conforming with the requirements of § 201.8 of this chapter, petitions filed under this § 207.4 shall include the following: (1) The names and addresses of the firms producing the domestic 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 foreign article concerned; (3) production 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 an extension of the increase in, or imposition of, the duty or other import restriction is warranted.

to such section 7, 5 years) after the effective date of the initial proclamation or the date of the enactment of this Act, whichever date is the later." The reference in section 351 (c) (1) (B) to "paragraph (2)" is to paragraph 2 of section 351(c), which reads as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or pursuant to 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 he 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).

Applicability of part.
Purpose of investigation.

Institution of investigation.

Public hearings.

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.

§ 208.3

Institution of investigation. After the receipt of advice from the Secretary of the Treasury that he has determined that 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, the Commission will institute an investigation for the purposes indicated in § 208.2.

§ 208.4 Public hearings.

If, in the judgment of the Commission, there is good and sufficient reason therefor, the Commission, in the course of its investigation, will hold a public hearing and afford interested parties opportunity to appear and be heard at such hearing. If no notice of public hearing issues concurrently with a notice of investigation, any interested party who believes that a public hearing should be held may, within fifteen days after the date of publication in the FEDERAL REGISTER of the notice of investigation, submit a request in writing to the Secretary of the Commission that a public hearing

be held, stating the reasons for such request.

§ 208.5 Written statements.

At any time after a notice of investigation under $208.3 is published in the FEDERAL REGISTER, any interested party may submit to the Commission a written statement of information pertinent to the subject matter of such investigation. If a public hearing is held in the investigation such statement may be presented in lieu of appearance at such hearing. Statements shall conform with the requirements for documents set forth in § 201.8 of this chapter.

§ 208.6 Notification of Commission's determination.

On or before the expiration of three months after the date of the receipt by the Commission of the advice from the Secretary of the Treasury referred to in § 208.3 the Commission will notify the Secretary of the Treasury of its determination. A summary of the Commission's determination, together with a statement of reasons therefor, will be published in the FEDERAL REGISTER.

Part

301.4 Determination by the Administrator. 301.5 Maintenance and publication of a list of bona fide motor-vehicle manufacturers.

AUTHORITY: The provisions of this Part 301 issued under Commerce Department Order No. 152, as amended, and 79 Stat. 1016. SOURCE: The provisions of this Part 301 appear at 30 F.R. 15271, Dec. 10, 1965, unless otherwise noted.

§ 301.1 Scope and purpose.

The purpose of this part is to set forth regulations implementing headnote 2 to Subpart B, Part 6, schedule 6 of the Tariff Schedules of the United States as proclaimed by Proclamation No. 3682 of October 21, 1965 (30 F.R. 13683), issued pursuant to Titles II and IV of the Automotive Products Trade Act of 1965, by establishing a procedure under which a person may apply to be determined a "bona fide motor-vehicle manufacturer." Under headnote 2 to Subpart B, Part 6, schedule 6 of the Tariff Schedules of the United States as proclaimed by Proclamation No. 3682, whenever the Secretary of Commerce has determined a person to be a bona fide motor-vehicle manufacturer, such person is eligible to obtain duty-free importation of certain Canadian articles and to issue certain orders, contracts, or letters of intent under or pursuant to which other persons, not themselves bona fide motor-vehicle man

For the purposes of the regulations in this part and the forms issued to implement it:

(a) The term "Act" shall mean the Automotive Products Trade Act of 1965 (Public Law 89-283, 79 Stat. 1016).

(b) The term “Administrator" means the Administrator of the Business and Defense Services Administration, Department of Commerce.

(c) The term "motor vehicle" means a motor vehicle of a kind described in item 692.05 or 692.10 of Subpart B, Part 6, schedule 6, of the Tariff Schedules of the United States (excluding an electric trolley bus and a three-wheeled vehicle) or an automobile truck tractor.

(d) The term "bona fide motor-vehicle manufacturer" means a person who, upon application to the Administrator under this part, is determined by the Administrator to have produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date certified in the application, and to have had as of such date installed capacity in the United

States to produce 10 or more complete motor vehicles per 40-hour week. A person shall only be regarded as having had the capacity to produce a complete motor vehicle if his operations included the assembly of two or more major components (e.g., the attachment of a body to a chassis) to create a new motor vehicle ready for use.

(e) The term "person" includes any individual, corporation, partnership, association, company, or any other kind of organization.

(f) The term "United States" includes only the States, the District of Columbia, and Puerto Rico.

(a) Any person in the United States desiring to be determined a bona fide motor-vehicle manufacturer shall apply to the Administrator by filing two copies of Form BDSAF 725 in accordance with the instructions set forth on the form and in this part. Application forms may be obtained from the Administrator, any field office of the U.S. Department of Commerce, or from U.S. Collectors of Customs, and should be mailed or delivered to the:

Office of the Administrator, Business and Defense Services Administration, U.S. Department of Commerce, Washington, D.C., 20230.

§ 301.4 Determination by the Adminis

trator.

(a) As soon as practicable after receipt of the application, the Administra

tor shall determine whether an applicant has produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date after January 17, 1965, certified in the application and as of such date, had installed capacity in the United States to produce 10 or more complete motor vehicles per 40-hour week. The Administrator may request such additional data from an applicant as he may deem appropriate to establish whether the applicant has satisfied the requirements of this part.

(b) A determination by the Administrator under this part shall be effective for a 12-month period to begin on the date as of which the Administrator determines that the applicant qualified under this part. Within 60 days prior to the termination of such period, a bona fide motor-vehicle manufacturer may apply for another determination under this part.

(c) The Administrator will promptly notify each applicant in writing of the final action taken on his application. § 301.5 Maintenance and publication of a list of bona fide motor-vehicle manufacturers.

(a) The Administrator shall maintain, and publish from time to time in the FEDERAL REGISTER, a list of the names and addresses of bona fide motor-vehicle manufacturers, and the effective dates for each determination.