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201.16 Witness fees and mileage.
201.18 Oral argument.
Service of process.
Authority to make decisions not delegated.
AUTHORITY: §§ 201.1 to 201.20 issued under secs. 332, 336, 337, 46 Stat. 698, 701, 703, sec. 504, 60 Stat. 156, sec. 3, Pub. Law 897, 80th Cong.; 19 U. S. C. 1332, 1336, 1337, 22 U. S. C. 1354. E. O. 10004, Oct. 5, 1948, 13 F. R. 5851; 3 CFR, 1948 Supp.
SOURCE: §§ 201.1 to 201.20 appear at 13 F. R. 6239.
§ 201.1 Applicability of general rules. The Tariff Commission rules of general application apply to investigations under the provisions of sections 332 of the Tariff Act of 1930, and so far as pertinent to investigations under the provisions of sections 336 and 337 of the Tariff Act of 1930 (46 Stat. 698, 701, 703; 19 U. S. C. 1332, 1336, 1337), to investigations under section 22 of the Agricultural Adjustment Act (of 1933), as amended (sec. 3, Pub. Law 897, 80th Cong.), to investigations under section 504 of the Philippine Trade Act of 1946 (60 Stat. 156; 22 U. S. C. 1354), to investigations under section 3 of the Trade Agreements Extension Act of 1948 (Pub. Law 792, 80th Cong.), and to investigations under Part III of Executive Order 10004, Oct. 5, 1948 (3 CFR 1948 Supp.). Rules having specific application to investigations under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Ad
justment Act, as amended, under section 504 of the Philippine Trade Act, under section 3 of the Trade Agreements Extension Act of 1948, and under Part III of Executive Order 10004, respectively, appear separately in Parts 202 to 207 of this chapter. In case of inconsistency between a rule of general application appearing in this part and a rule of special application in the other parts mentioned, the rule in Parts 202 to 207 is controlling. No rules governing investigations under section 338 of the Tariff Act of 1930 (46 Stat. 704; 19 U. S. C. 1338) are issued because such investigations, which concern questions of possible discrimination by foreign countries against the commerce of the United States, are of a nature requiring their conduct under cover of secrecy.
§ 201.2 Exercise of powers. The Commission may meet and exercise all its powers at any place and may designate any of its members or any duly authorized agent or agents to prosecute any inquiry necessary to its duties.
§ 201.3 Quorum. A majority of the Commissioners in office shall constitute a quorum.
§ 201.4 Suspension of rules. In an emergency or when in the judgment of the Commission the public interest requires it, the Commission may modify or suspend any of its rules of practice and procedure except such details of procedure as are expressly required by law. Whenever feasible, public notice of such suspension will be given.
§ 201.5 Matters of official record available to the public. The following information and reports (except confidential material) may be inspected by persons concerned, on request to the Secretary, either in the Tariff Commission Building, Washington 25, D. C., or if requested, in the New York office of the Tariff Commission, Customhouse, New York City.
(a) Applications for investigations; complaints of unfair practices in import trade; answers and other documents filed in opposition to such applications or complaints.
(b) Notices concerning investigations, including notices of institution of investigations, of hearings, and of disposition of investigations.
(c) Transcripts of testimony taken and exhibits submitted at hearings.
(d) Reports to the President on which the President has taken action.
(e) Reports made to either or both Houses of Congress or to Committees of Congress, after release by the body concerned.
(f) Reports and other documents issued for general distribution.
$201.6 Confidential information. (a) The following information and reports are held to be confidential for good cause found and are not available to public inspection:
(1) Reports to the President:
(i) Reports under section 3 of the Trade Agreements Extension Act of 1948 which have not been made public by either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate.
(ii) Other reports which have not been acted upon by the President.
(2) Reports made to either or both Houses of Congress or to Committees of Congress which have not been made public by the body concerned.
(3) Reports containing confidential information, and reports prepared for the confidential use of other Government agencies.
(4) Confidential business data. Title 18, U. S. C., section 1905 (Pub. Law 772, 80th Cong.) imposes criminal penalties upon an officer or employee of the United States or of any department or agency thereof who discloses "in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association
(b) Information submitted to the Commission in confidence should be submitted on separate pages clearly marked "Confidential". The Commission may refuse to accept in confidence any particular information which it determines is not entitled to confidential treatment.
§ 201.7 Methods employed in obtaining information-(a) Questionnaires, correspondence, and field work. In obtaining information necessary to carry out its functions and duties, the Commission may employ any means authorized by law. It is the practice of the Commission to obtain much of its information through the use of questionnaires and correspondence, and through field work by duly authorized members of the Commission's staff who interview such manufacturers, farmers, distributors, importers, representatives of labor, consumers, and others, as may be necessary to obtain the required information. Official requests for information required by the Commission are made either in writing or orally, and responses are received either in writing or orally, depending upon the nature of the information requested and the use to be made of it.
(b) Informal conferences. The Commissior. encourages informal conferences either with members of the Commission or its staff, in all matters concerning its activities. Such conferences can be arranged by addressing a request to the Secretary of the Commission at its office in the Tariff Commission Building, Washington 25, D. C., stating the subject matter of the proposed conference and the reasons for the request.
(c) Formal hearings. In formal proceedings, the Commission obtains information from the evidence presented at hearings as well as through independent investigation by the Commission and its staff of experts.
§ 201.8 Applications for investigation under section 336 of the Tariff Act of 1930, under section 504 of the Philippine Trade Act of 1946, and under Part III of Executive Order 10004, and complaints under section 337 of the Tariff Act of 1930. (a) All applications for investigations under section 336 of the Tariff Act of 1930, under section 504 of the Philippine Trade Act of 1946, or under Part III of Executive Order 10004, and complaints under section 337 of the Tariff Act of 1930, must be filed with the Secretary, United States Tariff Commission, Washington 25, D. C.' However, requests for
1 Under Executive Order 7233 of November 23, 1935 (see 7 CFR, 1938 Ed., 900.501) applications for investigations under sec. 22 of the Agricultural Adjustment Act (of 1933), as amended, must be filed with the Secretary of Agriculture. See Part 204 of this chapter.
information concerning such matters may be filed with the New York office as well as with the Washington office.
(b) Receipt by the Commission of an application for investigation or of a complaint properly filed will be acknowledged by the Secretary of the Commission, and public notice of such receipt will be posted at the principal office of the Commission in Washington, D. C., and at its New York office, and published in the FEDERAL REGISTER and the weekly Treasury Decisions of the Treasury Department. This public notice will set forth the name or description of the commodity concerned, the date of receipt, the purpose of the application or complaint, and the name of the applicant or complainant. Similar public notice will be given regarding the withdrawal or dismissal of applications or complaints. Copies of the notices referred to in this paragraph will be mailed to all persons named in the application or complaint concerned.
(c) From the time of posting notice of the receipt of an application or of a complaint, such application or complaint, except for confidential material, will be made available for public inspection at the office of the Commission in Washington, D. C., where it may be read and copied by persons interested.
(d) Applications and complaints may be withdrawn as a matter of course at any time before an investigation pursuant thereto has been ordered by the Commission, but, even if an application or complaint shall have been withdrawn, the Commission may order an investigation if in its judgment the public interest SO requires. The Commission may also in special cases and for adequate cause allow the withdrawal of an application or complaint after an investigation has been ordered, but the investigation may be continued if deemed by the Commission to be in the public interest. Investigations may be terminated short of formal completion when, in the judgment of the Commission, the public interest so requires.
(e) The Commission will notify the applicant or complainant of its decision to order or not to order the investigation requested. In reaching its decision, the Commission will take into consideration the information furnished by the applicant or complainant, the information assembled by its staff, and the information furnished by other persons either in
favor of or opposed to the institution of an investigation.
§ 201.9 Scope of investigation. In ordering an investigation, the Commission will not be confined to the commodity or commodities covered by an application or a complaint but may broaden, limit, or modify the scope of the investigation.
§ 201.10 Public notice of investigations. Public notice will be given of every formal investigation under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act (of 1933), as amended, under section 504 of the Philippine Trade Act of 1946, under section 3 of the Trade Agreements Extension Act of 1948, and under Part III of Executive Order 10004, by posting a copy of the notice at the principal office of the Commission at Washington, D. C., and at its office in New York City, and by publishing a copy of the notice in Treasury Decisions and in the FEDERAL REGISTER. Subsequent notices concerning the investigations will be given in the same manner. Copies of notices will also be sent to press associations, trade and similar organizations of producers, and to importers' organizations.
§ 201.11 Public hearings. (a) Hearings are required by law in the case of investigations under sections 336 and 337 of the Tariff Act of 1930, under section 22 of the Agricultural Adjustment Act, under section 504 of the Philippine Trade Act of 1946, under section 3 of the Trade Agreements Extension Act of 1948, and under Part III of Executive Order 10004. No public hearing is required in general investigations under section 332 of the Tariff Act of 1930; however, when determined by the Commission to be appropriate and feasible, hearings will be held in such investigations.
(b) Public notice will be given of the time and place set for all hearings, in the same manner that notice is given of an investigation. Announcement of hearing will ordinarily be made 30 days in advance of the date set.
(c) Hearings will be conducted in accordance with the rules set forth in § 201.14.
§ 201.12 Appearances. (a) Any person showing to the satisfaction of the Commission an interest in the subject matter of an investigation may enter an appearance in such investigation, either
in person or by representative, at any time before the close of the public hearing relating to the matter involved. Persons participating as witnesses only are not expected to enter appearances.
(b) Requests to enter an appearance shall be filed in writing with the Secretary of the Commission at its office in Washington, D. C., or at any other place where a hearing is held. Attorneys or agents desiring to appear for any interested person or persons shall file written notice to that effect.
(c) No register of attorneys or agents who may practice before the Commission is maintained. No application for admission to practice is required. Any person desiring to appear as attorney or agent before the Commission may be required to show to the satisfaction of the Commission his acceptability in that capacity. Any attorney or agent practicing before the Commission, or desiring so to practice, may for good cause shown be suspended or disbarred from practicing before the Commission, but only after he has been accorded an opportunity to be heard in the matter.
(d) No former officer or employee of the Commission who has, as such officer or employee, given personal consideration to an investigation (including preliminary inquiries prior to the institution of an investigation) shall be eligible to appear as attorney or agent before the Commission in such investigation. No former officer or employee of the Commission shall be eligible to appear as attorney or agent before the Commission within 2 years after the termination of such employment unless he has first obtained written consent from the Commission.
§ 201.13 Rehearings, additional hearings, postponements, continuances, and extensions of time. The Commission may in its discretion for good cause shown grant rehearings, additional hearings, postponements, or continuances of hearings, or extend the time for doing any act required by or pursuant to these rules. Motions or requests for postponements or extensions of time must be filed at least 10 days in advance of the time previously prescribed. Motions for additional hearing or rehearing must be filed within a reasonable time after the Commission's decision in the particular matter. The Commission may on its own motion order such rehearings, additional hearings, postponements, or con
tinuances of hearings as it may deem necessary for a full presentation of the facts in any investigation.
§ 201.14 Conduct of public hearings. (a) Hearings are conducted by one or more Commissioners, and the record shall be presented for the consideration of the Commission.
(b) Parties interested may appear at public hearings, either in person or by representative, and produce, under oath, oral or written evidence relevant and material to the subject matter of the investigation. Publications of the United States Government, particularly reports of the Tariff Commission, need not be offered in evidence because the Commission will take notice of them as public documents. Reference may be made to a public document by its title and particular page.
CROSS REFERENCE: For rule regarding subof confidential information, see § 201.6 (b).
(c) After offering evidence, witnesses may be questioned under the direction of the Commission by any member of the Commission, or by any agent designated by the Commission, or by any person who has entered an appearance, for the purpose of assisting the Commission in obtaining the material facts with respect to the subject matter of the investigation.
(d) Evidence, oral or written, submitted at hearings, will upon the order of the Commission be subject to verification from the books, papers, and records of the parties submitting the same and from any other available sources.
(e) All hearings are stenographically reported. The Commission does not distribute transcripts of the records of such hearings. Parties interested may inspect them at the Commission's office in Washington, D. C., or purchase them from the official reporter.
§ 201.15 Witnesses and subpenas. (a) Unless otherwise ordered by the Commission, witnesses shall be examined orally.
(b) The attendance of witnesses and the production of documentary evidence may be required from any place in the United States at any designated place of hearing.
(c) Any member of the Commission may sign subpenas, and members and agents of the Commission, when author
ized by the Commission, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence.
(d) Subpenas for the attendance of witnesses or for the production of documentary evidence will be issued at the request of any person who has entered an appearance in an investigation in accordance with § 201.12, upon application in writing and determination by the Commission of the general relevance and reasonable scope of the evidence sought. Such application shall be addressed to the Commission, and shall include a statement as to the nature, relevance, and scope of the testimony sought, and, in the case of documentary evidence, an adequate specification of the documents desired.
CROSS REFERENCES: For rule regarding expenses, see § 201.16. For rule regarding service of process, see § 201.19.
§ 201.16 Witness fees and mileage. (a) Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking them, except employees of the Commission, shall severally be entitled to the same fees and mileage as are paid for like service in the courts of the United States.
(b) When witnesses are summoned or depositions are taken at the request of a party interested, such party shall bear all expenses involved.
§ 201.17 Depositions. (a) The Commission may order testimony to be taken by deposition at any stage of an investigation. Depositions may be taken before any person having power to administer oaths and designated by the Commission. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent and certifiled in the usual manner by the person taking the deposition. After the deposition has been so certified it shall, together with a copy thereof made by such person or under his direction, be forwarded under seal to the Secretary of the Commission, Washington 25, D. C., and shall constitute a part of the record in such investigation. A sufficient number of additional copies of depositions must be furnished so that testimony so pro
duced will be available to parties interested.
(b) Briefs of the evidence given by deposition and arguments thereon may be filed in the same manner as briefs of testimony given at a public hearing.
(c) Any person may be compelled to appear and depose and to produce documentary evidence under this section in the same manner that witnesses may be compelled to appear and testify and produce documentary evidence before the Commission.
CROSS REFERENCE: For provision regarding expenses, see § 201.16 (b).
§ 201.18 Oral argument. Oral argument may, in the discretion of the Commission, be heard upon the conclusion of the testimony in a hearing. The Commission will determine in each instance the time to be allowed for argument and the allocation thereof to the parties interested.
§ 201.19 Service of process. (a) Except when service by other methods shall be specifically ordered by the Commission, processes of the Commission, service of which is required by law or by the Commission's rules, shall be served by the Secretary of the Commission by mailing a copy thereof, registered, to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served. Complaints and findings under section 337 of the Tariff Act of 1930 shall be similarly served.
(b) When service cannot be accomplished by registered mail or whenever the Commission shall so direct, processes of the Commission may be served by anyone duly authorized by a Commissioner (1) by delivering a copy of the document to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (2) by leaving a copy thereof at the principal office of such person, partnership, or corporation. (c) The return post office receipt for such processes, registered and mailed as aforesaid, or the verified return by the person serving such processes, setting forth the manner of said service, shall be proof of the service of the document.
§ 201.20 Authority to make decisions not delegated. (a) Authority to inter