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(b) The term “establishment” means part only (1) if request for a hearing a factory, plant, farm, mine, or fishery is included in the petition or (2) if, employed in the production of the domes

within ten (10) days after notice of the tic article named or described in a peti

receipt of a petition under Subpart C or tion in accordance with $ 206.4, and in

D of this part, a hearing is requested by cludes auxiliary facilities operated in conjunction with (whether or not physi

any other party showing a proper inter

est in the subject matter of the incally separate from) production facilities.

vestigation. (c) The term "appropriate subdivi

$ 206.7 Reports to the President. sion", when applied to a firm having more than one establishment, means a The Commission will send to the Presisingle establishment in which is produced dent a report on the results of each inthe domestic article named or described vestigation it conducts under this Part in a petition in accordance with $ 206.4. 206 (including in the report any disWhere such domestic article is produced

senting or separate views), together with in a distinct part or section of an estab

a transcript of the hearing (if any) and lishment, such part or section may be considered an "appropriate subdivision"

any briefs which may have been subof the firm.

mitted in connection with the investi

gation. 8 206.3 Identification of type of petition.

Subpart B-Investigations Upon PetiEach petition under this Part 206 shall tion for Tariff Adjustment (Industry) state clearly on the first page thereof “This is a petition under section 301(a)

§ 206.8 Applicability of subpart. of the Trade Expansion Act of 1962 and

This Subpart B applies specifically to Subpart (B, C, or D as the case may be]

investigations under section 301(b) of of Part 206 of the Rules of Practice and Procedure of the United States Tariff

the Trade Expansion Act. For other Commission".

applicable rules see Subpart A of this

part and Part 201 of this chapter. $ 206.4. Identification of articles (prod. ucts).

11 Section 301(b) of the Trade Expansion Each petition under this Part 206 shall

Act provides in pertinent part as follows: name or describe precisely the imported “(1) Upon the request of the President, article concerned; specify the United upon resolution of either the Committee on States tariff provision under which such

Finance of the Senate or the Committee on article is classified and the current tariff

Ways and Means of the House of Representatreatment thereof; and name or de

tives, upon its own motion, or upon the filing

of a petition under subsection (a) (1), the scribe the like or directly competitive

Tariff Commission shall promptly make an domestic article concerned.

investigation to determine whether, as $ 206.5 Institution of investigations;

result in major part of concessions granted

under trade agreements, an article is being copies of petitions to Departments.

imported into the United States in such inPromptly after the receipt of a peti- creased quantities as to cause, or threaten tion under this part 206, properly filed,

to cause, serious injury to the domestic inan appropriate investigation will be in

dustry producing an article which is like or stituted, and a copy of the petition will

directly competitive with the imported

article. be transmitted to the Secretary of Com

“(2) In making its determination under merce. In the case of a petition under

paragraph (1), the Tariff Commission shall Subpart D of this part, a copy thereof take into account all economic factors which will also be transmitted to the Secretary It considers relevant, including idling of proof Labor.

ductive facilities, inability to operate at a

level of reasonable profit, and unemployment $ 206.6 Public hearings.

or underemployment. A public hearing will be held in con- "(3) For purposes of paragraph (1), innection with each investigation insti

creased imports shall be considered to cause,

or threaten to cause, serious injury to the tuted on the basis of a petition filed under

domestic Industry concerned when the Tariff Subpart B of this part. A public hear

Commission finds that such increased im. ing will be held in connection with an

ports have been the major factor in causing, investigation instituted on the basis of or threatening to cause, such injury." (19 & petition under Subpart C or D of this U.S.C. 1901).

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& 206.11 Release of reports.

Upon making a report to the President of the results of an investigation to which this Subpart B relates, the Commission will make such report public (except confidential business data) and cause a summary of the report to be published in the FEDERAL REGISTER.

§ 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.

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 - Investigations Upon Peti

tion 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 Expan-
sion Act 12 upon petition for a determi-
nation of eligibility to apply for adjust-
ment 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, or threaten to cause, serious injury to such firm. $ 206.14 Contents of petition.

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

19 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 im. ported 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 Tarift Commission shall take into account all economic factors which it considers relevant, including idling of produce tive facilities of the firm, inability of the firm to operate at a level of reasonable profit, and unemployment or underemployment in the Arm." (19 U.S.C. 1901),

completed Tariff Commission Form 301- workers in an individual firm or by their F. (Copies of this form may be obtained certified or recognized union or other by prospective petitioners from the Sec- duly authorized representative. The retary of the Commission.) In addition, workers by whom or on whose behalf the each petition under this Subpart C shall petition is filed must be persons who are, include the following: (a) A statement or who have been within one year prior of the basis of the claim that the in- to the date of the petition, employed regcreased imports of the named or de- ularly in the production of the named scribed foreign article have resulted in or described domestic article by the firm major part from trade agreement con- whose workers are claimed to be unemcessions; (b) enumeration and descrip- ployed, underemployed, or threatened tion of the factors believed to be causing with unemployment or underemployor threatening to cause serious injury ment, by reason of the increase in im. to the petitioning firm; and (c) a state- ports of the named or described foreign ment regarding the extent to which in- article, which increase resulted in major creased imports of the named or de- part from concessions granted under scribed foreign article are believed to trade agreements. be such a factor.

$ 206.18 Contents of petition. $ 206.15 Release of reports.

A petition under this Subpart D shall Commission reports to the President include concrete information in support concerning investigations to which this

of petitioning workers' claim that, as a Subpart C relates will not be released to

result in major part of concessions the public, but the Commission will make granted under trade agreements, an public its conclusion in each investiga- article like or directly competitive with tion.

an article produced by the petitioning Subpart D-Investigations Upon Peti.

workers' firm, or an appropriate subdivi. tion for Determination of Eligibility

sion thereof, is being imported into the

United States in such increased quanof Workers to Apply for Adjustment tities as to cause, or threaten to cause, Assistance

unemployment or underemployment of $ 206.16 Applicability of subpart.

a significant number or proportion of the

workers of such firm or subdivision. In This Subpart D sets forth the special particular, supporting information of rules applicable to investigations under the following character shall be included: section 301(c) (2) of the Trade Expan- (a) The name and location of the sion Act 13

upon petition for determina- workers' firm; (b) the total number of tion of eligibility to apply for adjustment establishments (all articles) operated by assistance under chapter 3 of title III the workers' firm and their locations, of such Act. For other applicable rules identifying the separate establishsee Subpart A of this part and Part 201 ment(s), if any, in which the named or of this chapter.

described domestic article is produced;

(c) import data forming the basis of the $ 206.17 Who may file petition.

claim that the named or described forA petition under this Subpart D may eign article is being imported in inbe filed by a group (three or more) of creased quantities; (d) a statement of

the basis of the claim that the increased 13 Section 301(c)(2) of the Trade Expan- imports resulted from trade agreement sion Act provides as follows: "In the case of

concessions; (e) data on production and & petition by a group of workers for a determination of eligibility to apply for ad

sales by the workers' firm as a whole of justment assistance under chapter 3, the

the named or described domestic article, Tariff Commission shall promptly make an by quantity and value, during each of the investigation to determine whether, as a five most recent full years; (f) data for result in major part of concessions granted

each of the five most recent full years under trade agreements, an article like or directly competitive with an article produced

showing (1) the value of total sales of by such workers' firm, or an appropriate sub

all articles produced (i) by the firm as a division thereof, is being imported into the whole, and (ii) by each separate estabUnited States in such increased quantities

lishment, if any, in which the named or as to cause, or threaten to cause, unemploy

described domestic article is produced; ment or underemployment of a significant number or proportion of the workers of such (2) the average number of production Arm or subdivision." (19 U.S.C. 1901.) workers employed (i) by the firm as a whole, (ii) by each of the separate estab- the President to prevent or remedy serilishments, if any, in which the named or ous injury to domestic industries.1

For described domestic article is produced, other applicable rules see Part 201 of and (iii) in the production of the named this chapter. or described domestic article only; and (3) the total number of man-hours em

§ 207.2 Continuing review maintained. ployed in the production of (i) all articles As long as any increase in, or imposiproduced by the firm as a whole, (ii) all tion of, any duty or other import restricarticles produced in each of the separate

tion made by the President pursuant to establishments, any, in which the section 7 of the Trade Agreements Exnamed or described domestic article is tension Act of 1951 or section 351 of the produced, and (iii) the named or de- Trade Expansion Act remains in effect, scribed domestic article only; (g) enu- the Commission will keep under review meration and description of the factors developments with respect to the indusbelieved to be causing or threatening try concerned, and report annually to unemployment or underemployment in the President concerning such developthe workers' firm or subdivision thereof, ments. Unless otherwise ordered, no and (h) a statement regarding the extent to which increased imports of the named 14 The pertinent provisions of section 351 or described foreign article are believed

(d) of the Trade Expansion Act are as to be such a factor.

follows:

(1) So long as any increase in, or imposi$ 206.19 Release of reports.

tion of, any duty or other import restriction

pursuant to this section or pursuant to secCommission reports to the President

tion 7 of the Trade Agreements Extension concerning investigations to which this Act of 1951 remains in effect, the Tarifi Subpart D relates will not be released Commission shall keep under review deto the public, but the Commission will velopments with respect to the industry conmake public its conclusion in each cerned, and shall make annual reports to the investigation.

President concerning such developments.

“(2) Upon request of the President or

upon its own motion, the Tariff Commission PART 207_REVIEW OF ACTIONS shall advise the President of its judgment

PROVIDING ADDITIONAL TARIFF as to the probable economic effect on the PROTECTION TO INDUSTRIES TO

industry concerned of the reduction or ter.

mination of the increase in, or imposition PREVENT OR REMEDY SERIOUS IN- of, any duty or other import restriction JURY FROM IMPORTS

pursuant to this section or section 7 of the

Trade Agreements Extension Act of 1951. Sec.

“(3) Upon petition on behalf of the in. 207.1 Applicability of part.

dustry concerned, filed with the Tariff Com. 207.2 Continuing review maintained.

mission not earlier than the date which is 207.3 Investigations to determine probable 9 months, and not later than the date which

effect of reduction or elimination of is 6 months, before the date any increase or increased or additional import re- Imposition referred to in paragraph (1) or strictions.

(2) of subsection (c) is to terminate by 207.4 Investigations to determine probablo reason of the expiration of the applicable

effect of automatic termination of period prescribed in paragraph (1) or an increased or additional import ro

extension thereof under paragraph (2), the strictions.

Tariff Commission shall advise the President 207.5 Public hearings.

of its judgment as to the probable economic 207.6 Reports.

effect on such Industry of such termination.

(4) In advising the President under this AUTHORITY: The provisions of this part 207 subsection as to the probable economic effect issued under sec. 335, 72 Stat. 680, sec. 401, on the industry concerned, the Tariff Com. 76 Stat. 902; 19 U.S.C. 1335, 1802.

mission shall take into account all economic SOURCE: The provisions of this Part 207

factors which it considers relevant, includ. appear at 27 F.R. 12125, Dec. 7, 1962.

ing idling of productive facilities, inability

to operate at a level of reasonable profit, and $ 207.1 Applicability of part.

unemployment or underemployment.

“(5) Advice by the Tariff Commission un. This Part 207 applies specifically to the der this subsection shall be given on the functions and duties of the Commission basis of an investigation during the course under the provisions of section 351(d) of

of which the Tarifi Commission shall hold the Trade Expansion Act that deal with

a hearing at which interested persons shall

be given a reasonable opportunity to be Commission review of increased or ad.

present, to produce evidence, and to be ditional import restrictions imposed by heard.” (19 U.S.C. 1981).

13

hearings or other formal proceedings will be had in connection with such continuing review. 8 207.3 Investigations to determine

probable effect of reduction or elimi. nation of increased or additional im.

port restrictions. (a) Initiation of investigations. Investigations 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 instituted 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 Act will be instituted upon petition filed on behalf of the industry concerned.

(b) Who may file petition. A petition under this g 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.

(d) Requirements for petitions. In 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 re. cent 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. 8 207.5

Public hearings. A public hearing will be held in connection with each investigation to which this Part 207 relates.

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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 restriction proclaimed pursuant to this section or 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 Secretary 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 Expansion Act provides as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951 ... unless extended under paragraph (2), shall terminate not later than the close of the date which is 4 years (or, in the case of any such increase or imposition proclaimed pursuant

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).

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