President or from the Special Representative for Trade Negotiations as provided in section 131(a) or 503(a), and in Executive Order No. 11846, as amended, which may be considered for modification of United States duties, or as eligible articles for duty-free treatment under the generalized system of preferences, respectively, the Commission shall initiate an investigation to obtain information pertinent to the fomulation of its advice to the President under section 131(b) with respect to such articles to assist him in making an informed judgment as to the impact which might be caused by such duty modifications or duty-free treatment on U.S. manufacturing, agriculture, mining, fishing, labor, and consumers, including whether any reductions in rates of duty should take place over a period longer than the minimum periods provided by section 109(a) of the Trade Act of 1974 (88 Stat. 1985; 19 U.S.C. 2119). (2) Section 131(c). Upon the receipt of a request from the President or from the Special Representative for Trade Negotiations as provided in section 131(c) and in Executive Order No. 11846, as amended, to assist him in his determination of whether to enter into any trade agreement under section 102, the Commission shall institute an investigation to obtain information pertinent to the formulation of its views with respect to the probable economic effects of modifications of any barrier to (or other distortion of) international trade on domestic industries and purchasers and on prices and quantities of articles in the United States. (b) Institution and notice of investigation. An investigation to which this subpart A relates will be instituted promptly after the receipt from the President or the Special Representative for Trade Negotiations of (1) a list of articles which may be considered for duty modifications or duty-free treatment, or (2) a request for an investigation and report concerning the probable economic effects of modifications of any barrier to (or other distortion of) international trade. (c) Hearings. Public hearings will be held in connection with every investigation to which this subpart A re lates. For other applicable rules, see §201.11 of this chapter. (d) Report to the President. After the completion of its investigation, the Commission will incorporate its advice or views in a report which together with hearing transcripts, briefs and other information will be transmitted to the President through the Special Representive for Trade Negotiations. §205.4 [Reserved] Subpart B-Investigations Concerning the Probable Impact on the Economy of the United States of the President's Taking Retaliatory Action To Obtain the Elimination of Unjustifiable or Unreasonable Foreign Acts or Policies Which Restrict U.S. Commerce § 205.5 Applicability of subpart. This subpart B of part 205 applies to investigations for the purpose of section 301(e)(3) of the Trade Act of 1974. For other applicable rules, see part 201 of this chapter. §205.6 Investigations under section 301(e)(3) of the Trade Act of 1974. (a) Purpose of investigation. The purpose of an investigation by the Commission is to provide the President with its views pursuant to section 301(e)(3) as to the probable impact on the economy of the United States of imposing retaliatory restrictions on imports into the United States from countries or foreign instrumentalities which maintain restrictions against U.S. exports. (b) Institution and notice of investigation. An investigation to which this subpart B relates will be instituted promptly after the receipt from the President of a request for the views of the Commission with regard to the matters indicated in paragraph (a) of this section. (c) 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 thirty (30) 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. (d) Written statements. Any interested party may submit to the Commission a written statement of information pertinent to the subject matter of such investigation not later than thirty (30) days after a notice of investigation under paragraph (b) of this section is published in the FEDERAL REGISTER. If a public hearing is held in the investigation, a statement may be received in lieu of or in addition to appearance at the hearing. Statements shall conform with the requirements for documents set forth in §§201.6 and 201.8 of this chapter. (e) Report to the President. After the completion of its investigation, the Commission will incorporate its views in a report which will be transmitted promptly to the President. PART 206-INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD ACTIONS, MARKET DISRUPTION, AND REVIEW OF RELIEF ACTIONS Sec. 206.1 Applicability of part. Subpart A-General 206.2 Identification of type of petition or request. 206.3 Institution of investigations; publication of notice; availability of petition for public inspection. 206.4 Notification of other agencies. 206.5 Public hearing. 206.6 Report to the President. 206.7 Confidential business information; furnishing of nonconfidential summaries thereof. 206.8 Service, filing, and certification of documents. Subpart B-Investigations Relating to 206.11 Applicability of subpart. 206.12 Definitions applicable to subpart B of this part. 206.13 Who may file a petition. 206.14 Contents of petition. 206.15 Institution of investigation. 206.16 Industry adjustment plan and commitments. 206.17 Limited disclosure of certain confidential business information under administrative protective order. 206.18 Time for determinations, reporting. 206.19 Public report. Subpart C-Investigations Relating to a Subpart D-Investigations Relating to 206.31 Applicability of subpart. 206.35 Time for determinations, reporting. Subpart E-Investigations for Relief From Market Disruption 206.41 Applicability of subpart. 206.42 Who may file a petition. 206.43 Contents of petition. 206.44 Time for reporting. 206.45 Public report. Subpart F-Monitoring; Advice As to Effect of Extension, Reduction, Modification, or Termination of Relief Action 206.51 Applicability of subpart. 206.52 Monitoring. 206.53 Investigations to advise the President as to the probable economic effect of reduction, modification, or termination of action. 206.54 Investigations with respect to extension of action. 206.55 Investigations to evaluate the effectiveness of relief. AUTHORITY: 19 U.S.C. 1335, 2251-2254, 33513382; secs. 103, 301-302, Pub. L. 103-465, 108 Stat. 4809. SOURCE: 59 FR 5091, Feb. 3, 1994, unless otherwise noted. § 206.1 Applicability of part. This part 206 applies specifically to functions and duties of the Commission under sections 201-202, 204, and 406 of 174-055 0-97--3 the Trade Act of 1974, as amended (19 U.S.C. 2251, 2252, 2254, 2436) (hereinafter Trade Act), and sections 301-318 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3351 et seq.) (hereinafter NAFTA Implementation Act). Subpart A of this part sets forth rules generally applicable to investigations conducted under these provisions; for other rules of general application, see part 201 of this chapter. Subpart B of this part sets forth rules specifically applicable to petitions and investigations under section 202 of the Trade Act; subpart C sets forth rules specifically applicable to requests and investigations under section 312(c) of the NAFTA Implementation Act; subpart D sets forth rules specifically applicable to petitions and investigations under section 302 of the NAFTA Implementation Act; and subpart E sets forth rules specifically applicable to petitions and investigations under section 406 of the Trade Act. Subpart F of this part sets forth rules applicable to functions and duties under section 204 of the Trade Act. Subpart A-General SOURCE: 60 FR 10, Jan. 3, 1995, unless otherwise noted. § 206.2 Identification of type of petition or request. An investigation under this Part 206 may be commenced on the basis of a petition, request, resolution, or motion described in section 202(a)(1), 204(c)(1), or 406(a)(1) of the Trade Act of 1974 or section 302(a)(1) or 312(c)(1) of the North American Free Trade Agreement Implementation Act. Each petition or request, as the case may be, filed by an entity representative of a domestic industry under this Part 206 shall state clearly on the first page thereof "This is a [petition or request] under section [202, 204(c), or 406 of the Trade Act of 1974, or section 302 or 312(c) of the North American Free Trade Agreement Implementation Act] and Subpart [B, C, D, E, or F] of Part 206 of the rules of practice and procedure of the United States International Trade Commission". $206.3 Institution of investigations; publication of notice; availability of petition for public inspection. (a) Institution of investigation and publication of notice. Except as provided in §206.15(b), the Commission, after receipt of a petition or request under Part 206, properly filed, will promptly institute an appropriate investigation and publish notice thereof in the FEDERAL REGISTER. (b) Contents of notice. The notice will identify the petitioner or other requestor, the imported article that is the subject of the investigation and its tariff subheading, the nature and timing of the determination to be made, the time and place of any public hearing, dates of deadlines for filing briefs, statements, and other documents, the place at which the petition or request and any other documents filed in the course of the investigation may be inspected, and the name, address, and telephone number of the office that may be contacted for more information. (c) Availability for public inspection. The Commission will promptly make such petition or request available for public inspection (with the exception of confidential business information). § 206.4 Notification of other agencies. The Commission will promptly transmit copies of petitions or requests filed and notification of investigations instituted to the Office of the United States Trade Representative (hereinafter USTR), the Secretary of Commerce, the Secretary of Labor, and other Federal agencies directly concerned. $206.5 Public hearing. (a) Investigations under subpart B of this part. A public hearing on the question of injury and a second public hearing on remedy (if necessary) will be held in connection with each investigation instituted under Subpart B of this Part after reasonable notice thereof has been caused to be published in the FEDERAL REGISTER. A hearing on remedy is not necessary if the Commission has made a negative determination on the question of injury. (b) Investigations under subparts C, D, and E of this part. A public hearing on the subject of injury and remedy will be held in connection with each investigation instituted under subparts C, D, and E of this part after reasonable notice thereof has been published in the FEDERAL REGISTER. (c) Investigations under subpart F of this part. A public hearing on the subject of whether an action taken under section 203 of the Trade Act of 1974 should be extended will be held in connection with each investigation instituted under subpart F of this part after reasonable notice thereof has been published in the FEDERAL REGISTER. (d) Opportunity to appear and to crossquestion. All interested parties and consumers, including any association representing the interests of consumers, will be afforded an opportunity to be present, to present evidence, to comment on the adjustment plan, if any, submitted in the case of an investigation under section 202(b) of the Trade Act of 1974, and to be heard at such hearings. All interested parties and consumers, including any association representing the interests of consumers, will be afforded an opportunity to cross-question interested parties making presentations at the hearing. $206.6 Report to the President. (a) In general. The Commission will include in its report to the President the following: (1) The determination made and an explanation of the basis for the determination; (2) If the determination is affirmative, to the extent appropriate, the recommendations for action and an explanation of the basis for each recommendation; (3) Any dissenting or separate views by members of the Commission regarding the determination and any recommendations; (b) Additional findings and information. (1) In the case of a determination made under section 202(b) of the Trade Act, the Commission will also include in its report the following: (i) The findings with respect to the results of an examination of the factors other than imports which may be a cause of serious injury or threat thereof to the domestic industry; (ii) A copy of the adjustment plan, if any, submitted by the petitioner; (iii) Commitments submitted and information obtained by the Commission regarding steps that firms and workers in the domestic industry are taking, or plan to take, to facilitate positive adjustment to import competition; (iv) A description of the short- and long-term effects that implementation of the action recommended is likely to have on the petitioning domestic industry, other domestic industries, and consumers; and (v) A description of the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and communities where production facilities of such industry are located, and other domestic industries. (2) In the case of a determination made under section 302(b) of the NAFTA Implementation Act, the Commission will also include in its report the findings with respect to the results of an examination of the factors other than imports which may be a cause of serious injury or threat thereof to the domestic industry. § 206.7 Confidential business information; furnishing of nonconfidential summaries thereof. (a) Nonrelease of information. Except as provided for in §206.17, in the case of an investigation under Subpart B, C, D, or F of this Part, the Commission will not release information which the Commission considers to be confidential business information within the meaning of §201.6 unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the Commission, or such party subsequently consents to the release of the information. When appropriate, the Commission will include confidential business information in reports transmitted to the President and the Trade Representative; such reports will be marked as containing confidential business information, and a nonconfidential version of such report will be made available to the public. (b) Nonconfidential summaries. Except as the Commission may otherwise provide, a party submitting confidential business information shall also submit |