house, in the United States for consumption.

(5) Other significant factors concerning conditions of competition between the Philippine article and the like domestic article.

(b) Finally, parties appearing at public hearings are expected to present definite information rather than generalities and conjectures.

$ 205.4 Reports. After the completion of its investigation, the Commission will incorporate its findings in a report and include in its report a statement of the steps taken in the investigation. The report will be transmitted to the President and copies will be sent to each House of the Congress.

Part 206-Investigations Regarding Products on Which Possible Tariff Concessions Will Be Considered in Trade-Agreement Negotiations

AUTHORITY: §§ 206.1 to 206.6 issued under sec. 3, Pub. Law 792, 80th Cong. E. O. 10004, Oct. 5, 1948, 13 F. R. 5851; 3 CFR, 1948 Supp. SOURCE: §§ 206.1 to 206.6 appear at 13 F. R. 6244.

§ 206.1 Applicability of rules under section 3, Trade Agreements Extension Act of 1948. The rules under Part 206 are specifically applicable to investigations for the purposes of section 3 of the Trade Agreements Extension Act of 1948 and apply in addition to the pertinent rules of general application set forth in Part 201 of this chapter.

§ 206.2 Purpose of investigation. The purpose of an investigation under section 3 of the Trade Agreements Extension Act of 1948 is to determine, with respect to each import article to be considered in trade-agreement negotiations for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment (a)

the limit to which such modification, imposition, or continuance may be extended in order to carry out the purpose of the Trade Agreements Act of 1934, as amended, without causing or threatening serious injury to the domestic industry producing like or similar articles; and (b) the minimum increases in duties or additional import restrictions required in cases where increases in duties or additional import restrictions are required to avoid serious injury to the domestic industry producing like or similar articles.

§ 206.3 Public notice of investigation. Public notice of an investigation for the purpose of section 3 of the Trade Agreements Extension Act of 1948 will be announced by posting a copy of the covered by the investigation, at the notice, and the list of products to be

principal office of the Commission at Washington, D. C., and at its office in New York City; by publishing a copy of the notice in the FEDERAL REGISTER and in Treasury Decisions. Copies of the notice will also be sent to press associations, trade and similar organizations of producers, and to importers' organizations. Copies of the notice and the list of products to be covered by the investigation will be mailed on request to parties interested.

§ 206.4 Public hearings-(a) Public notice. In the course of an investigation pursuant to section 3 of the Trade Agreements Extension Act of 1948, the Commission will hold public hearings. Notice will be given of the time and place set for all hearings in the same manner as notice is given of the investigation. Announcement of hearing will ordinarily be made 30 days in advance of the date set.

(b) Appearances at hearings. 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.

(c) Written statements. Since public hearings are only a part of the investigation, and the Commission's findings are based on the information obtained at public hearings as well as other information which it may obtain in the course of the investigation, persons who cannot appear at public hearings but who desire to supply written information relevant and material to the subject matter of

the investigation may do so by submitting five clear copies of the written statement, one of which shall be sworn to. No special form for presentation of written views is prescribed. Written statements so submitted will be given the same consideration as testimony presented at the hearing, and, except for confidential material, will be open to public inspection. Because the Commission's report to the President must be completed within 120 days after the start of the investigation, written statements not submitted at the hearing can be assured consideration only if received by the Commission before the close of the public hearing.

(d) Official notice of Government publications. Publications of the United States Government, especially reports of the Tariff Commission, need not be offered in evidence because the Commission will take notice of them as public documents. Extensive excerpts from such publications, particularly data regarding United States production, exports, or imports, should not be included in statements to the Commission either at the hearing or otherwise, but should be referred to by citing the title and page number of the pertinent publication.

CROSS REFERENCES: For rule regarding conduct of public hearings, see § 201.14 of this chapter. For rule regarding official notice by Commission of public documents, see § 201.14 of this chapter.

(e) Confidential information. All information submitted 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.

CROSS REFERENCE: For general rule regarding confidential information, see § 201.6 of this chapter.

(f) Type of information to be developed at hearing or in written statements. Without excluding other factors, but with a view to assisting parties interested to present information necessary for the formulation of findings required by the statute, the Commission will expect attention to be concentrated on facts relating to:

(1) Trends of domestic production, sales, and imports for the articles in

question, including data on recent developments.

(2) The competitive strength of the foreign article and the like or similar domestic article in the markets of the United States during a period which is representative of conditions of competition between such articles.

(3) Geographic areas of greatest competition between the domestic and the imported product and the principal market or markets in the United States.

(4) Costs of production of the foreign and the domestic article during the period specified under (2) and trend in costs of importation of the imported article.

(5) Additional information of a factual character bearing on the competitive position of the domestic industry.

§ 206.5 Briefs. Briefs of the evidence produced at the hearing and arguments thereon may be presented to the Commission by parties interested who have entered an appearance. Unless otherwise ordered, 10 clear copies typed, mimeographed, multigraphed, or printed shall be filed with the Secretary of the Commission within 10 days after the close of the hearing.

§ 206.6 Reports. The Commission will report to the President its findings in the investigation not later than 120 days after the receipt by the Commission from the President of the list of products to be covered by the investigation.

Section 5 of the Trade Agreements Extension Act provides that within 30 days after a trade agreement has been entered into which does not comply with the limits or minimum requirements specified in the findings reported to the President by the Tariff Commission, the President shall transmit a copy of such agreement to the Congress, whereupon the Tariff Commission must deposit with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a copy of its report to the President with respect to such agreement. The Tariff Commission is required by paragraph 5 of Executive Order 10004 to keep confidential any portion of its report to the President which has not been made public by one or both of the committees referred to. Otherwise no part of the report may be disclosed by the Tariff Commission at any time.

AUTHORITY: §§ 207.1 to 207.7 issued under sec. 3, Pub. Law 792, 80th Cong. E. O. 10004, Oct. 5, 1948, 13 F. R. 5851; 3 CFR, 1948 Supp. SOURCE: $207.1 to 207.7 appear at 13 F. R. 6245.

§ 207.1 Applicability of rules under Executive Order 10004. The rules under this part are specifically applicable to investigations for the purposes of Part III of Executive Order 10004 dated October 5, 1948 (Title 3, 1948) and apply in addition to the pertinent rules of general application set forth in Part 201 of this chapter.

§ 207.2 Purpose of investigation. The purpose of an investigation under Part III of Executive Order 10004 is to determine whether, as a result of unforeseen developments and of a concession granted on any article by the United States in a trade agreement containing a clause such as that prescribed in paragraph 10 of Part III of Executive Order 10004,' such article is being imported in such increased quantities and under such conditions as to cause or threaten serious injury to the domestic industry producing like or similar articles.

1 Paragraph numbered 10 of the Executive Order (which was issued to implement the Trade Agreements Act of June 12, 1934, as amended by the Trade Agreements Extension Act of 1948) is as follows: "There shall be applicable to each concession with respect to an article imported into the United States which is granted by the United States in any trade agreement hereafter entered into, a clause providing in effect that if, as a result of unforeseen developments and of such concession, such article is being imported in such increased quantities and under such conditions as to cause threaten serious injury to the domestic industry producing like or similar articles, the United States shall be free to withdraw the concession, in whole or in part, or to modify it, to the extent and for such time as may be necessary to prevent such injury."

or

§ 207.3 Applications. (a) Applications for an investigation for the purposes of Part III of Executive Order 10004 may be made by any interested person, partnership, association, or corporation, and must be filed with the Secretary, United States Tariff Commission, Washington 25, D. C. Receipt by the Commission of an application for investigation, properly filed, will be acknowledged by the Secretary, 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 in the weekly Treasury Decisions of the Treasury Department. Copies of notices will also be sent to press associations, trade and similar organizations of producers, and to importers known to the Commission to have an interest in the subject matter of the application. Such applications, except for confidential material, will be available for public inspection at the office of the Commission in Washington, D. C., or in the New York office of the Tariff Commission, Customhouse, New York City 4, N. Y., where they may be read and copied by persons interested. If the Tariff Commission orders an investigation, notice of such order will be posted and published in accordance with § 207.5. Notice of decision not to order an investigation will be posted and published in the same manner as notice of receipt of an application under this section. The Commission will notify the applicant of its decision to order or not to order the investigation requested.

(b) Applications for investigations should be typewritten or printed, and five clear copies must be submitted, but applications need not be drawn in any particular form and need not be under oath. Applications must be signed by or on behalf of the applicant and should state the name, address, and nature of business of the applicant.

(c) Applications must clearly state that they are requests for investigations and must name or describe the commodity or commodities concerning which an investigation is sought. They must also refer to the trade-agreement provision or provisions applicable to such commodity.

(d) The applicant must file with his application such supporting information as may be in his possession or is readily available. The filing of such information is required to aid the Commission in determining whether the circumstances

warrant an investigation under Executive Order 10004, and does not render unnecessary the investigation itself. In other words, the application is preliminary to and not a substitute for the investigation which the Tariff Commission is required to make in appropriate circumstances. As far as practicable, information of the character indicated in this paragraph should be furnished:

(1) Information on imports, production, sales, and exports, of the product covered by the application, by months, for the years 1937, 1939, and 1946, and subsequent periods.

(1) Imports (quantity and value).
(ii) Production (quantity).
(a) By the applicant.

(b) By the domestic industry.
(iii) Sales (quantity and value).
(a) By the applicant.

(b) By the domestic industry.
(iv) Exports (quantity and value).
(a) By the applicant.

(b) By the domestic industry.

(2) Direct labor engaged in the domestic production of the product covered by the application, including the number of persons employed during a normal period of operation in a representative prewar year, in 1946, and at the time application is filed:

(1) By the applicant.

(ii) By the industry as a whole.

(3) Relation of income from the sales of product covered by the application to total receipts from all products produced by the applicant for a representative prewar year and for 1946 and subsequent period.

(4) Comparability of the domestic and the foreign article and the degree of competition between them both prior and subsequent to the effective date of the trade-agreement concession.

(5) The nature and extent of injury to the domestic producer which is alleged to be caused or threatened by reason of unforeseen developments and the concession in the trade agreement.

(6) Geographic areas in which the competition between the domestic and the foreign article is most intensive.

(7) Additional information of factual character, such as: Profits and losses; changes in price structures; tax burden; wages and other costs; effects of subsidies, and price-support programs; and

similar data that show the applicant's competitive position.

(e) Upon acceptance of an application by the Commission, the facts set forth therein will be carefully considered together with other pertinent information which the Commission may have available in its files, or which it may obtain from other sources, in order to determine whether an investigation is warranted.

(f) The Commission encourages informal conferences either with members of the Commission or its staff with regard to filling applications under Executive Order 10004 as well as any other matters. 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. Most of the statistical material relating to United States production and trade referred to in paragraph (d) of this section may be found in publications of the United States Departments of Agriculture, Commerce, Interior, and Labor, which are generally available both at the Washington headquarters and at the field offices of those Departments, as well as in the larger public libraries and university and state libraries.

§ 207.4 Confidential information. All information submitted 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.

CROSS REFERENCE: For general rule regarding confidential information, see § 201.6 of this chapter.

§ 207.5 Public notice of investigation. Public notice of an investigation ordered by the Commission under Part III of Executive Order 10004 will be given 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; by publishing a copy of the notice in the FEDERAL REGISTER; and by an announcement regarding the notice in Treasury Decisions. Copies of notices will also be sent to press associations, trade and similar organizations of producers, and to importers known to the Commission to have an interest in the subject matter of the investigation.

§ 207.6 Public hearings-(a) Public notice. In the course of an investigation ordered for the purpose of Part III of Executive Order 10004, the Commission will hold public hearings. Public notice will be given of the time and place set for all hearings, in the same manner as notice is given of an order instituting investigations. Announcement of hearing will ordinarily be made 30 days in advance of the date set.

CROSS REFERENCE: For rule regarding conduct of public hearings, see § 201.14 of this chapter.

(b) Type of information to be developed at hearing. Without excluding other factors, but with a view to assisting parties interested to present information necessary for the formulation of findings and recommendations required by Part III of Executive Order 10004, the Commission will expect attention in the hearing to be concentrated upon the facts relating to:

(1) The competitive strength of the foreign and domestic article in the markets of the United States during a representative period prior and subsequent to the granting of the trade-agreement concession.

(2) Costs of production of the foreign and domestic article during a representative period prior and subsequent to the granting of the trade-agreement concession, and costs of importation of the foreign article during similar periods.

(3) Developments since the granting of the trade-agreement concession which

constitute advantages or disadvantages in competition between the domestic and the foreign article in the markets of the United States.

Finally, parties interested appearing at public hearings are expected to present definite information rather than generalities and conjectures.

§ 207.7 Reports. If the Commission finds in its investigation that, as a result of unforeseen developments and of a concession granted in a trade agreement, imports are in such increased quantities and under such conditions as to cause or threaten serious injury to the domestic industry, it will report its findings to the President with appropriate recommendations for the withdrawal or modification of the concession to the extent found necessary for the prevention of such injury. Such report is submitted for the President's consideration “in the light of the public interest." Presidential authority to increase duties and impose such additional import restrictions as are required or appropriate to carry out a foreign trade agreement is provided for in the Trade Agreements Act of 1934, as amended. (Section 350, Tariff Act of 1930, as amended, 19 U. S. C. 1351.) In the absence of such a finding by the Commission, notice of dismissal of the investigation will be published in the same manner as the notice ordering the investigation under § 207.5. The Commission will also issue a statement of the reasons for the dismissal.