the purpose indicated in § 207.8(a) and publish notice thereof in the FEDERAL REGISTER.

(c) Public hearing. 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 persons opportunity to appear and be heard at such hearing. If no notice of public hearing issues concurrently with a notice of investigations, any interested person, within fifteen (15) days after the date of publication in the FEDERAL REGISTER of the notice of investigation, may submit a request in writing to the Secretary of the Commission that the Commission conduct a public hearing, stating the reasons for such request.

(d) Written statements. At any time after a notice of investigation under § 207.8(b) is published in the FEDERAL REGISTER, any interested person 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 statements may be received in lieu of appearance at such hearing unless the Commission rules otherwise. Statements shall conform with the requirements for documents set forth in §§ 201.6 and 201.8 of this chapter.

(e) Notification of Commission's determination. On or before the expiration of three (3) months after the date of receipt by the Commission of the advice from the Secretary of the Treasury referred to in § 207.8(b), 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.

§ 207.9 Investigations

concerning the review of determinations under section 303(b) of the Tariff Act of 1930. (a) Purpose of investigation. The purpose of an investigation by the Commission to review a determination that has been made under section 303(b) of the Tariff Act of 1930, as amended, is to determine whether changed circumstances exist which in

dicate that, if the finding of a bounty or grant issued by the Secretary of the Treasury were modified or revoked, an industry in the United States would likely be injured, or prevented from being established, by reason of the importation into the United States of the relevant merchandise receiving bounties or grants within the meaning of the Tariff Act of 1930, as amended.

(b) Modification, clarification or correction of a determination. Nothing in § 207.9(a) shall limit the authority of the Commission to issue an appropriate modification, clarification or correction of a determination within a reasonable time period of its issuance.

(c) Institution of investigation. Tne Commission may institute an investigation for the purpose of § 207.9(a) upon receipt of an application from an interested person, upon its own motion, or upon receipt from the Secretary of the Treasury of appropriate advice concerning an application from an interested person specifying the changed circumstances forming the basis for review, except that, in the absence of good cause being shown, no investigation for the purpose of § 207.9(a) shall be made unless 2 years have elapsed since the publication of the finding of a bounty or grant by the Secretary of the Treasury. The Commission shall publish notice of the institution of an investigation in the FEDERAL REGISTER.

In the event that two years have elapsed since the final action of the Secretary of the Treasury, the Commission shall publish a notice of having received an application for review in the FEDERAL REGISTER, inviting public comment on whether the Commission should conduct the review.

(d) Public hearing. If, in the judgment of the Commission, there is good and sufficient reason therefor, the Commission will, in the course of an investigation under § 207.9(c) hold a public hearing and afford interested persons opportunity to appear and be heard at such hearing. If no notice of public hearing issues concurrently with a notice of investigation, any interested person, within fifteen (15) days after the date of publication in

the FEDERAL REGISTER of the notice of investigation, may submit a request in writing to the Secretary of the Commission that a public hearing should be held, stating the reasons for such request.

(e) Written statements. At any time after a notice of investigation under § 207.9(c) is published in the FEDERAL REGISTER, any interested person 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 received in lieu of appearance at such hearing unless the Commission rules otherwise. Statements shall conform with the requirements for documents set forth in §§ 201.6 and 201.8 of this chapter.

(f) Notification of Commission's determination. On or before the expiration of three (3) months after the date of institution, 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.

§ 207.10 [Reserved]

Subpart C-Investigations of Whether Substantially Reduced Sales of U.S. Products in U.S. Markets Result From Exports to the U.S. Provided With Subsidies (or Other Incentives Having the Effect of Subsidies)

§ 207.11 Applicability of subpart.

This Subpart C of this Part 207 applies specifically to investigations under section 301(c)(2) of the Trade Act of 1974. For other applicable rules, see part 201 of this chapter.

§ 207.12 Investigations under section 301(c)(2) of the Trade Act of 1974. (a) Purpose of investigation. The purpose of an investigation by the Commission under section 301(c)(2) of the Trade Act of 1974 is to determine whether exports to the United States, which the Secretary of the Treasury has determined are subsidized (or subject to other incentives having the

effect of subsidies) by the exporting country or foreign instrumentality have the effect of substantially reducing sales of the competitive U.S. product or products in the United States.

(b) Institution of investigation. Upon the receipt of the determination of the Secretary of the Treasury that a foreign country or instrumentality provides subsidies (or other incentives having the effect of subsidies) on exports of a product to the United States, the Commission shall institute an investigation for the purpose indicated in § 207.12(a) and publish notice thereof in the FEDERAL REGISTER.

(c) Public hearing. 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 persons opportunity to appear and be heard at such hearing. If no notice of public hearing issues concurrently with a notice of investigation, any interested person who believes that a public hearing should be held may, within fifteen (15) 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 should be held, stating the reasons for such request.

(d) Written statements. At any time after a notice of investigation under § 207.12(b) is published in the FEDERAL REGISTER, any interested person 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 received in lieu of appearance at such hearing unless the Commission rules otherwise. Statements shall conform with the requirements for documents set forth in §§ 201.6 and 201.8 of this chapter.

(e) Notification of Commission's determination. After the completion of its investigation, the Commission shall transmit to the President a report of the results thereof, including the findings and a transcript of the information submitted at the hearing, if any. The Commission's report will be released to the public.

Sec.

210.54 Filing of exceptions to the recommended determination and alternative findings of fact and conclusions of law. 210.55 Commission determination and action.

210.56 Petition for reconsideration. 210.57 Disposition of petition for reconsid

eration.

Subpart G-Appeals

210.60 Interlocutory appeals.

210.61 Appeals of final determination to the United States Court of Customs and Patent Appeals.

SOURCE: 41 FR 17711, Apr. 27, 1976, unless otherwise noted.

§ 210.1 Applicability of part.

The rules in this part govern procedure relating to proceedings under section 337 of the Tariff Act of 1930 (88 Stat. 2053; 19 U.S.C. 1337), and Pub. L. 710, July 2, 1940 (54 Stat. 724, 19 U.S.C. 1337a). These rules are authorized by sections 333 and 335 of the Tariff Act of 1930 (46 Stat. 699; 19 U.S.C. 1333 and 72 Stat. 680; 19 U.S.C. 1335).

[41 FR 17711, Apr. 27, 1976, as amended at 42 FR 13110, Mar. 9, 1977]

§ 210.2 General policy.

It is the policy of the Commission that, to the extent practicable and consistent with requirements of law, such proceedings shall be conducted expeditiously. In the conduct of such proceedings, the presiding officer and counsel or other representative for each party shall make every effort at each stage of the proceedings to avoid delay.

Subpart A-General Provisions

§ 210.4 Definitions.

As used in this part

(a) "Complainant" means a person who has filed a complaint with the Commission under this part;

(b) "Party" means each complainant and respondent in the investigation, the Commission investigative attor

ney, and each person designated as a party pursuant to § 210.6 of this part; (c) "Commission investigative attorney" means, for purposes of a particular proceeding under section 337 of the Tariff Act, the attorney designated to engage in investigatory activities with respect to the proceeding, in his capacity as investigator in the proceeding;

(d) "Person" means an individual, partnership, corporation, association, or public or private organization;

(e) "Presiding officer" means the body or person presiding over the taking of evidence in an investigation under this part, and may include the Commission, one or more members of the Commission, or one or more hearing examiners appointed under section 3105 of title 5 of the United States Code;

(f) "Respondent” means any person named in a notice of investigation issued under this part as allegedly violating section 337 of the Tariff Act.

§ 210.5 Written submissions.

(a) Caption; names of parties. Every submission shall contain a caption setting forth the name of the Commission, the title of the action, the docket number assigned to the proceeding, if any, and, in the case of a complaint and response, the names of all the parties to the proceeding.

(b) Concise and direct pleading; numbered paragraphs. All averments contained in a submission shall be simple, concise, and direct and shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances.

(c) Number of copies. Except as otherwise provided for in this part or by the Commission, the original and nineteen (19) true copies of each submission shall be filed with the Commission.

(d) Service of submissions. Except as otherwise provided for in this part or by the Commission, each submission filed by a party with the Commission shall be served as provided for in § 201.16 of this chapter.

§ 210.6 Intervention.

Any person desiring to intervene in an investigation under this part shall make written application in the form of a motion setting forth a sufficient basis therefor. Such application shall have attached to it a certificate showing service thereof upon each party to the investigation in accordance with the provisions of § 201.16 of this chapter. A similar certificate shall be attached to the answer filed by any party with respect to the application showing service of such answer upon the applicant and all other parties. The presiding officer may by order permit the intervention of such person a nonparty intervenor to such extent and upon such terms as are provided by law or as otherwise may be deemed proper. Upon a showing of good cause, any interested person may be designated as a party and shail be individually served with each submission filed in the investigation.

as

Subpart B-Commencement of Proceedings

§ 210.10 Commencement of proceedings. (a) Upon receipt of complaint. A proceeding is commenced by filing with the Commission the original and nineteen (19) true copies of a complaint, plus one copy for each person named in the complaint as violating section 337 of the Tariff Act. Complaints alleging violation of section 337 may be filed by any person.

(b) Upon the initiative of the Commission. The Commission may upon its initiative commerce proceedings based upon any alleged violation of section 337 of the Tariff Act.

§ 210.11 Action of Commission upon receipt of complaint.

Upon receipt of a complaint filed pursuant to § 201.8 of this chapter and § 210.5, § 210.10, and § 210.20 of this part, the Commission shall take the following actions:

(a) Examination of complaint. The Commission shall examine the complaint for sufficiency and compliance with the applicable rules of this chapter.

(b) Informal investigatory activity. The Commission shall identify sources of relevant information, assure itself of the availability thereof, and, if deemed necessary, prepare subpoenas therefor, and give attention to other preliminary matters.

§ 210.12 Institution of investigation.

Within thirty (30) days after receipt of a complaint or, in exceptional circumstances, as soon after such period as possible, the Commission shall determine whether the complaint is properly filed and, if so, shall institute an investigation. The investigation shall be instituted by notice published in the FEDERAL REGISTER, which notice will define the scope of the investigation. If the Commission determines that a complaint is not properly filed, the complaint shall be dismissed and the Commission shall notify the complainant in writing of its action with the reasons therefor.

§ 210.13 Service of complaint.

Each respondent named in the complaint, and other respondents as later discovered, shall be served by the Commission with a copy of the complaint and notice instituting the investigation upon institution of the investigation or as soon as possible after such respondents are discovered. The Department of Health, Education, and Welfare, the Department of Justice, the Federal Trade Commission, and such other departments and agencies as the Commission considers appropriate shall also be served with a copy of the complaint and notice instituting the investigation upon institution of the investigation.

§ 210.14 Commission action, public interest factor, and bonding.

(a) During the course of each proceeding under this part when an investigation has been instituted, the Commission shall

(1) Consider what action (exclusion of articles from entry, exclusion of articles from entry except under bond, or cease and desist order), if any, it should take, and, when appropriate, take such action;

(2) Consult with, and seek advice and information from, the Department of Health, Education, and Welfare, the Department of Justice, the Federal Trade Commission, and such other departments and agencies as it considers appropriate concerning the subject matter of the complaint and the effect its actions (exclusion of articles from entry, exclusion of articles from entry except under bond, or cease and desist order) under section 337 of the Tariff Act shall have upon the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, and U.S. consumers;

(3) Determine the amount of bond pursuant to section 337(e) or section 337(g)(3) of the Tariff Act, taking into consideration, among other things, the amount which would offset any competitive advantage resulting from the alleged unfair methods of competition and unfair acts enjoyed by persons benefiting from the importation of the articles in question; and

(4) Receive submissions from the parties, other interested persons, Government agencies and departments, and the public with respect to the subject matter of subsections (a)(1), (a)(2), and (a)(3) of this section, which submissions shall be served upon the parties and be available to the public in the Office of the Secretary. The Commission will consider motions for oral argument or, when necessary, for a hearing with respect to the subject matter of this section.

(b) Unless otherwise ordered by the Commission, the presiding officer shall not take evidence or other information or hear arguments from the parties and other interested persons with respect to the subject matter of subsections (a)(1), (a)(2), (a)(3), and (a)(4) of this section.

§ 210.15 Period for concluding commission investigation.

Each investigation instituted under this part shall be concluded and a final order or rule issued no later than twelve (12) months after the date of publication in the FEDERAL REGISTER Of the notice instituting the investiga