CHAPTER XI-OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS Part 1101 Creation, organization, and functions. AUTHORITY: The provisions of this Part 1101 issued under sec. 401, 76 Stat. 902; 19 U.S.C. 1802. E.O. 11075, as amended (Part 1 of this title). SOURCE: The provisions of this Part 1101 contained in Directive No. 1, 28 F.R. 3974, Apr. 23, 1963, unless otherwise noted. Redesignated at 33 F.R. 20037, Dec. 31, 1968. § 1101.0 Scope and purpose. This chapter sets out the basic terms of reference of the Office of the Special Representative for Trade Negotiations and the procedures whereby it carries out its general responsibilities under the trade agreements program. One of the primary purposes of this chapter is to inform the public of the unit in the Office known as the Trade Information Committee, the function of which is to afford an opportunity to interested parties to present oral and written statements concerning the trade agreements program and related matters. § 1101.1 Creation and location. (a) The Office of the Special Representative for Trade Negotiations is established as an agency in the Executive Office of the President by § 1.2 of this title. (b) The Office of the Special Repre 36-033-70-29 sentative for Trade Negotiations is located at 1800 G Street NW., Washington, D.C., 20506. [Directive No. 1, 28 F.R. 3974, Apr. 23, 1963, as amended by Amdt. 2, 30 F.R. 7754, June 16, 1965] § 1101.2 Organization. (a) The Office of the Special Representative for Trade Negotiations is headed by the Special Representative for Trade Negotiations provided for in section 241 of the Trade Expansion Act of 1962 (76 Stat. 878; 19 U.S.C. 1871), who is directly responsible to the President. In addition, the Office consists of two Deputy Special Representatives for Trade Negotiations provided for in § 1.2 of this title, and a professional staff. (b) Established by, and under the direction and control of, the Special Representative for Trade Negotiations are three interagency committees, the Trade Executive Committee, the Trade Staff Committee, and the Trade Information Committee, provided for in Part 1102 of this chapter. [Direction No. 1, 28 F.R. 3974, Apr. 23, 1963, as amended by Amdt. 1, 30 F.R. 648, Jan. 20, 1965] § 1101.3 Functions. (a) The Special Representative for Trade Negotiations (1) advises and assists the President in the administration of, and facilitates the carrying out of, the trade agreements program, and (2) advises the President with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements program, as provided in § 1.3 of this title. (b) The Special Representative for Trade Negotiations is Chairman of the Trade Expansion Act Advisory Committee established by § 1.4 of this title. PART 1102—ESTABLISHMENT AND OPERATION OF COMMITTEES Sec. 1102.1 Trade Executive Committee. AUTHORITY: The provisions of this Part 1102 issued under sec. 401, 76 Stat. 902; 19 U.S.C. 1802. §§ 1102.1 to 1102.4 also issued under secs. 9 and 11 of E.O. 11075, as amended (§§ 1.9 and 1.11 of this title), unless otherwise noted. SOURCE: The provisions of this Part 1102 contained in Directive No. 1, 28 F.R. 3974, Apr. 23, 1963. Redesignated at 33 F.R. 20037, Dec. 31, 1968. § 1102.1 Trade Executive Committee. (a) There is hereby established the Trade Executive Committee, which shall consist of the Deputy Special Representative for Trade Negotiations, as chairman, and of officials, who are each in status not below that of an assistant Secretary, designated from their respective agencies by the Secretaries of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury. The Special Representative for Trade Negotiations and each Secretary may designate from his respective agency an official, who is in status not below that of a Deputy Assistant Secretary, to serve as a member of the Trade Executive Committee in lieu of the regular member when the latter is unable to attend any meeting of the Committee. (b) The Trade Executive Committee shall (1) Plan, direct, and coordinate interagency activities concerning the trade agreements program and related matters; (2) Recommend policies and actions, and transmit appropriate materials, to the Special Representative for Trade Negotiations concerning the trade agreements program and related matters, or, when appropriate, approve such policies and actions; (3) Supervise and direct the activities of the Trade Staff Committee and the Trade Information Committee, established by §§ 1102.2 and 1102.3, respectively; and (4) Perform such other functions as the Special Representative for Trade Negotiations may from time to time determine. § 1102.2 Trade Staff Committee. (a) There is hereby established the Trade Staff Committee, which shall consist of a chairman designated from his Office by the Special Representative for Trade Negotiations and of officials designated from their respective agencies by the Secretaries of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury, and by the Chairman of the Tariff Commission. The Special Representative for Trade Negotiations, each Secretary, and the Chairman of the Tariff Commission may designate from his respective agency an official to serve as a member of the Trade Staff Committee in lieu of the regular member when the latter is unable to attend any meeting of the Committee. The official from the Tariff Commission will be a nonvoting member of the Trade Staff Committee, and will not participate in the discussion of any policy matter or in the consideration of any report submitted by the Tariff Commission. (b) The Trade Staff Committee shall(1) Obtain information and advice from agencies and other sources concerning any proposed trade agreement, and furnish summaries of such information and advice, together with recommendations of action with respect thereto, to the Trade Executive Committee; (Sec. 222, 76 Stat. 875; 19 U.S.C. 1842) (2) Review summaries of information concerning any proposed trade agreement furnished by the Trade Information Committee, and transmit such summaries, together with recommendations of action with respect thereto, to the Trade Executive Committee; (3) Review summaries of information concerning foreign import restrictions furnished by the Trade Information Committee, and transmit recommendations of action with respect thereto, through the Trade Executive Committee to the Trade Expansion Act Advisory Committee established by § 1.4 of this title; (4) Review reports concerning tariff adjustment submitted by the Tariff Commission, and transmit such reports, together with recommendations of action with respect thereto, through the Trade Executive Committee to the Trade Expansion Act Advisory Committee; (5) Review all materials required by § 1.5 of this title to be furnished by the Tariff Commission to the President through the Special Representative for Trade Negotiations, and transmit such materials, together with recommendations of action with respect thereto, to the Trade Executive Committee, except as provided in subparagraph (4) of this paragraph; (6) Recommend policies and actions to the Trade Executive Committee concerning the trade agreements program and related matters, or, when appropriate, approve such policies and actions; (7) Keep regularly informed of the operation and effect of the trade agreements program and related matters; and (8) Perform such other functions as the Trade Executive Committee may from time to time determine. § 1102.3 Trade Information Committee. (a) There is hereby established the Trade Information Committee which shall consist of a chairman designated from his Office by the Special Representative for Trade Negotiations, and of officials designated from their respective agencies by the Secretaries of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury. The Special Representative for Trade Negotiations and each Secretary may designate from his respective agency an official to serve as a member of the Trade Information Committee in lieu of the regular member when the latter is unable to attend any meeting of the Committee. (b) The Trade Information Committee shall (1) Provide an opportunity, by the holding of public hearings and by such other means as it deems appropriate, for any interested party to present an oral or written statement concerning any proposed trade agreement, and furnish summaries of such hearings and other pertinent information so received to the Trade Staff Committee; (Sec. 223, 76 Stat. 875; 19 U.S.C. 1843) (2) Provide an opportunity, by the holding of public hearings, upon request by any interested party, and by such other means as it deems appropriate, for any interested party to present an oral or written statement concerning foreign import restrictions, and furnish summaries of such hearings and other pertinent information so received to the Trade Staff Committee and the Trade Expansion Act Advisory Committee; (Sec. 252(d), 76 Stat. 880; 19 U.S.C. 1882(d)) (3) Provide an opportunity, by such means as it deems appropriate, for any interested party to present an oral or written statement concerning any other aspect of the trade agreements program. and related matters, and furnish summaries of pertinent information so received to the Trade Staff Committee; (4) Issue regulations governing the conduct of its public hearings and the performance of such of its other functions as it deems necessary; and (Secs. 223, 252(d), 76 Stat. 875, 880; 19 U.S.C. 1843, 1882 (d)) (5) Perform such other functions as the Trade Executive Committee may from time to time determine. Sec. 1111.8 Information exempt from public inspection. 1111.9 Information available to United States Government agencies. Appendix A-Notice of public hearing relating to articles to be considered for trade agreement negotiation. Appendix B-Notice of opening dates of public hearings and final dates for filing briefs relating to articles listed in schedules 3 through 8 of the Tariff Schedules of the United States to be considered for trade agreement negotiation. Appendix C Supplemental notice of articles to be considered for trade agreement concessions. AUTHORITY: The provisions of this Part 1111 issued under sec. 1102.3 (b) of this chapter. Secs. 1111.2 to 1111.6 also issued under secs. 223, 252 (d), 76 Stat. 875, 880; 19 U.S.C. 1843, 1882 (d). SOURCE: The provisions of this Part 1111 appear at 28 F.R. 7947, Aug. 3, 1963, unless otherwise noted. Redesignated at 33 F.R. 20037, Dec. 31, 1968. § 1111.1 Office, mailing address, telephone number, and hours. (a) The office of the Trade Information Committee (hereinafter referred to as the Committee) is at 1800 G Street NW., Washington, D.C., 20506. (b) All communications to the Committee should be addressed to the "Executive Secretary, Trade Information Committee, Office of the Special Representative for Trade Negotiations, 1800 G Street NW., Washington, D.C., 20506". (c) The telephone number of the office of the Committee is area code 202, 382-1911. (d) The regular hours of the office of the Committee are from 9:00 a.m. to 5:30 p.m. on each business day, Monday through Friday. [TIC Regs., Amdt. 2, 30 F.R. 7754, June 16, 1965] § 1111.2 Notice of public hearings. The Committee shall publish in the FEDERAL REGISTER a notice of a proposed public hearing, the subject matter of the proposed public hearing, the period during which written briefs may be submitted, the period during which requests may be submitted to present oral testimony, and the time and place of the proposed public hearing, in the following instances (a) Upon publication of a list of articles by the President under section 221(a) of the Trade Expansion Act of 1962 (hereinafter referred to as the Act), § 1111.3 Requests for public hearings under section 252(d). (a) A request by an interested party for a public hearing under section 252(d) of the Act may be submitted in writing at any time. Such request will be granted only if it identifies with particularity the foreign import restriction complained of, states the reasons why the restriction is believed to be of the kind covered by section 252 of the Act, and describes concisely the effect of the restriction upon United States exports. (b) A request for a public hearing under section 252(d) of the Act shall be submitted in not less than fifteen (15) copies, which shall be legibly typed, printed, or duplicated, and of which at least one copy shall be made under oath or affirmation. (c) After receipt and consideration of a request for a public hearing under section 252(d) of the Act, the Committee will notify the applicant whether the request is granted, and if so, will take action under § 1111.2, and if not, will give the reasons for the denial. § 1111.4 Submission of written briefs. (a) Participation by an interested party in a public hearing announced under § 1111.2 shall require the submission of a written brief before the close of the period announced in the public notice for its submission. Such brief may be, but need not be, supplemented by the presentation of oral testimony in accordance with § 1111.5 (b) A written brief by an interested party concerning any aspect of the trade agreements program or any related matter not subject to paragraph (a) of this section and submitted pursuant to a public notice shall be submitted before the close of the period announced in the public notice for its submission. (c) A written brief by an interested party concerning any aspect of the trade agreements program or any related matter not subject to paragraph (a) or paragraph (b) of this section may be submitted at any time. (d) A written brief shall state clearly the position taken and shall describe with particularity the evidence supporting such position. It shall be submitted in not less than twenty (20) copies which shall be legibly typed, printed, or duplicated, and of which at least one copy shall be made under oath or affirmation. [28 F.R. 7947, Aug. 3, 1963, as amended by Amdt. 1, 30 F.R. 648, Jan. 20, 1965] § 1111.5 Presentation of oral testimony at public hearings. (a) A request by an interested party to present oral testimony at a public hearing shall be submitted in writing before the close of the period announced in the public notice for its submission, and shall state briefly the interest of the applicant and the position to be taken by the applicant. Such request will be granted only if a written brief has been prepared and submitted in accordance with § 1111.4. (b) After receipt and consideration of a request to present oral testimony at a public hearing, the Committee will notify the applicant whether the request is granted, and if so, the time and place for his appearance and the amount of time allotted for his oral testimony, and if not, the reasons for the denial. (c) Oral testimony presented at a public hearing shall be made under oath or affirmation. The interested party may briefly summarize and should supplement the information contained in the written brief, and should be prepared to answer questions relating to such information. (d) A stenographic record shall be made of every public hearing. § 1111.6 Presentation of oral testimony at informal conferences. (a) A request by an interested party to present oral testimony to the Committee concerning any aspect of the trade agreements program or any related matter at an informal conference may be submitted in writing at any time. Such request will be granted only if it is accompanied by a written brief prepared in accordance with § 1111.4(d). (b) After receipt and consideration of a request to present oral testimony to the Committee at an informal conference, the Committee will notify the applicant whether the request is granted, and if so, the time and place for his appearance and the amount of time allotted for his oral testimony, and if not, the reasons for the denial. (c) At an informal conference the interested party may briefly summarize and should supplement the information contained in the written brief, and should be prepared to answer questions relating to such information. (d) A stenographic record shall be made of every informal conference. (e) A request to present oral testimony to the Committee at an informal conference will not be granted if the Committee determines that the subject matter of the proposed oral testimony comes within the subject matter of a contemporaneous public hearing as announced by a public notice. With the exception of information covered by § 1111.8, an interested party may, upon request to the Executive Secretary, inspect at the office of the Committee (a) Any written request, brief, or similar submission of information, (b) Any stenographic record of a public hearing or an informal conference, and (c) Other public written information concerning the trade agreements program and related matters. [28 F.R. 7947, Aug. 3, 1963, as amended, 28 F.R. 8211, Aug. 9, 1963] § 1111.8 Information exempt from public inspection. (a) The Committee shall exempt from public inspection business information submitted by an interested party if the Committee determines that such 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, the disclosure of which is not authorized by law or by the interested party furnishing such information. (b) A party requesting that the Committee exempt from public inspection business information submitted in writing shall clearly mark each page "For Official Use Only" at the top. A party requesting that the Committee exempt |