§ 206.18 Continuing review maintained. As long as any import relief imposed by the President pursuant to section 351 or 352 of the Trade Expansion Act of 1962 or section 203 of the Trade Act of 1974 remains in effect, the Commission will keep under review developments with respect to the industry receiving such import relief (including the progress and specific efforts made by the firms in the industry to adjust to import competition), and upon request of the President shall make reports to the President concerning such developments. Unless otherwise ordered, no hearings or other formal proceedings will be had in connection with such continuing review, and information necessary to keep developments under review will be sought by questionnaires and other means.

§ 206.19 Investigations to determine the probable economic effect on an industry receiving import relief of the extension, reduction, or termination of such relief.

Investigations for the purpose of providing the basis for the advice of the Commission to the President, under section 203 (i) (2) of the Trade Act of 1974 or section 351(d) (2) of the Trade Expansion Act of 1962, as to the Commission's judgment of the probable economic effect on an industry receiving import relief, under section 203 of the Trade Act of 1974 or section 351 or 352 of the Trade Expansion Act of 1962, of the reduction or termination of such import relief (or, with respect to import relief imposed under section 203, of the extension of such import relief), will be instituted by publication of notice thereof in the FEDERAL REGISTER only upon request of the President or upon the 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 under § 206.18 of this Part, the Commission has reason to believe that the import relief imposed by the President may no longer be necessary, either in whole or in part, to prevent or remedy serious injury to such industry, or when the Commission determines such investigation is appropriate to provide the President with the advice which he is required to consider before such relief may be extended.

§ 206.20 Investigations at the request of the concerned industry to determine the probable economic effect on such industry receiving import relief of the automatic termination of such relief by reason of the expiration of the initial period therefor.

(a) Institution of investigations. Investigations for the purpose of providing the basis for the advice of the Commission to the President under section 203 (1) (3) of the Trade Act of 1974 as to the Commission's judgment of the probable economic effect on an industry receiving import relief of the termination of such relief by reason of the expiration of the initial period therefor will be instituted by publication of notice thereof in the FEDERAL REGISTER upon petition filed on behalf of the industry concerned.

(b) Who may file petition. A petition under this section 206.20 may be filed by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of the industry producing the domestic article concerned in the investigation of the Commission which resulted in the imposition by the President of the import relief.

(c) Time for filing. A petition under this section 206.20 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 import relief is to terminate by reason of the expiration of the initial period therefor.

(d) Contents of petitions. Petitions filed under this section 206.20 shall include, to the extent practicable, the following information:

(1) Names of represented producers. The names and locations of the firms represented in the petition and/or of the firms employing or previously employing the workers represented in the petition and of their establishments in which the domestic article concerned is produced;

(2) Names of unrepresented producers. The names and locations of all other producers of the domestic article concerned known to the petitioner;

(3) Import data. Import data on the foreign article concerned for each full year since import relief was provided, starting with the year in which relief was provided;

(4) Domestic production data. Data on total U.S. production of the domestic ar

ticle concerned for each year for which data are provided pursuant to paragraph (3);

(5) Progress and efforts to compete. A statement on the progress and specific efforts made by the industry concerned to adjust to and compete more effectively with the competition from imports of the foreign article concerned;

(6) Benefit of import relief. A statement of how the import relief provided has promoted adjustment to, and the ability of the industry concerned to compete more effectively with, the competition from imports of the foreign article concerned; and

(7) Reasons for not terminating. A statement of the reasons why petitioner believes that the import relief provided should not terminate.

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.

§ 208.2 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.

§ 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.

Applicability of part.

210.60

210.61

Subpart G-Appeals

Interlocutory appeals.

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.

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 attorney, 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 re

spect 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.

(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.

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 as 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 shall be individually served with each submission filed in the investigation.

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.

(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 investigation, except that the Commission may designate the investigation as a "more complicated" investigation and require that it be concluded no later than eighteen (18) months after the date of publication in the FEDERAL REGISTER of the notice instituting the investigation. A "more complicated" investigation refers to an investigation which is of an involved nature owing to the subject matter, difficulty in obtaining information, or large number of parties involved. The Commission shall publish its reasons for designating the investigation as a "more complicated" investigation in the FEDERAL REGISTER. For purposes of the 12month and 18-month periods prescribed by this section, there shall be excluded any period of time during which the investigation is suspended because of proceedings in a court or agency of the United States involving similar questions concerning the subject matter of such investigation.

Subpart C-Pleadings and Motions § 210.20 The complaint.

(a) Contents of complaint. In addition to conforming with the requirements of § 201.8 of this chapter and § 210.5(a), § 210.5(b), and § 210.5 (c) of this part, the complaint shall

(1) Be under oath and signed by the complainant or his duly authorized officer, attorney, or agent, with the name address, and phone number of the complainant and any such officer, attorney,