'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.)

§ 205.8 Filing of requests for reservation.

(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

referred to in § 205.2 which includes such article for the first time.

(d) Requirements for requests. Requests 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.

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.

(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 bel of Part 206 of the Rules of Practice and Procedure of the United States Tariff Commission".

§ 206.4 Identification of articles (products).

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 filling 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).

§ 206.9 Who may file petition.

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.

or

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 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.

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 301F. (Copies of this form may be obtained by prospective petitioners from the Secretary of the Commission.) In addition, each petition under this Subpart C shall 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 in major part from trade agreement concessions; (b) enumeration and description of the factors believed to be causing or threatening to cause serious injury to the petitioning firm; and (c) a statement 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.

13 Section 301 (c) (2) of the Trade Expansion Act provides as follows: "In the case of a petition by a group of workers for a determination of eligibility to apply for adjustment assistance under chapter 3, 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 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, unemployment or underemployment of a significant number or proportion of the workers of such firm or subdivision." (19 U.S.C. 1901.)

workers in an individual firm or by their certified or recognized union or other duly authorized representative. The workers by whom or on whose behalf the petition is filed must be persons who are, or who have been within one year prior to the date of the petition, employed regularly in the production of the named or described domestic article by the firm whose workers are claimed to be unemployed, underemployed, or threatened with unemployment or underemployment, by reason of the increase in imports of the named or described foreign article, which increase resulted in major part from concessions granted under trade agreements.

§ 206.18 Contents of petition.

A petition under this Subpart D shall include concrete information in support of petitioning workers' claim that, as a result in major part of concessions granted under trade agreements, an article like or directly competitive with an article produced by the petitioning 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, unemployment or underemployment of a significant number or proportion of the workers of such firm or subdivision. In particular, supporting information of the following character shall be included: (a) The name and location of the workers' firm; (b) the total number of establishments (all articles) operated by the workers' firm and their locations, identifying the separate establishment(s), if any, in which the named or described domestic article is produced; (c) import data forming the basis of the claim that the named or described foreign article is being imported in increased quantities; (d) a statement of the basis of the claim that the increased imports resulted from trade agreement concessions; (e) data on production and sales by the workers' firm as a whole of the named or described domestic article, by quantity and value, during each of the five most recent full years; (f) data for each of the five most recent full years showing (1) the value of total sales of all articles produced (i) by the firm as a whole, and (ii) by each separate establishment, if any, in which the named or described domestic article is produced; (2) the average number of production workers employed (i) by the firm as a