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ments, the request shall be reviewed by the Executive Secretary of the Board to initially determine its availability. If he determines, as provided by law, that the record is not to be made available to the requesting person, said party shall be informed in writing of the specific reason(s) why the record is not being disclosed.
(c) If an identifiable record is to be made available for public inspection and copying, the person who requested access to the record shall be promptly advised of the availability of the record. & 400.1405 Requests for reconsideration
of nonavailability. (a) Any person whose request to inspect a record has been denied because the record was not to be made available for stated reason(s), may request a reconsideration of the initial denial in accordance with procedures set forth in Part 4 of this title.
(b) The decision upon such review shall be made by the Chairman of the Foreign-Trade Zones Board, and shall be based upon the original request, the
denial, and any written argument submitted by the person requesting the review.
(c) The decision upon review shall be promptly made in writing and transmitted to the person requesting the review. If the decision is wholly or partly in favor of said person, the requested record to such extent shall be made available for inspection in accordance with § 400.1404(c). To the extent that the decision is adverse to the request, the reason(s) for the denial shall be stated.
(d) A decision upon review completed as provided herein shall constitute the final decision and action of the Board as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552(a) (3). $ 400.1406 Security information.
Nothing in the regulations in $ $ 400.1400-400.1406 should be construed to modify or supersede laws, rules, and regulations governing the release of information classified as security information.
CHAPTER V-OFFICE OF TRADE ADJUSTMENT
ASSISTANCE, DEPARTMENT OF COMMERCE
PART 500—ADJUSTMENT ASSIST
Subpart A-General Sec. 500.10 Scope and purpose. 500.11 Definitions. Subpart B-Eligibility of Firms To Apply for
Adjustment Assistance 500.20 General. 500.21 Statutory criteria. 500.22 Certification of eligibility to apply
under section 302(b) (1) of the
Act. 500.23 Certification of eligibility to apply
under section 302(c) of the Act. 500.24 Material change in conditions; denial
or revocation of eligibility certifi
Subpart C—Adjustment Proposal 500.30 Application for adjustment assist
ance. 500.31 Adjustment proposal. 500.32 Certification of adjustment proposal. 500.33 Material change in conditions. 500.34 Modification of a certified adjust
ment proposal; revocation of certi
Subpart D-Adjustment Assistance 500.40 Referral of certified adjustment pro
posals; providing adjustment as
sistance 500.41 Technical assistance. 500.42 Financial assistance. 600.43 Tax assistance.
Subpart Records and Reports 500.50 Records. 600.51 Reports.
Subpart Procedures Sec. 500.60 Forms. 500.61 Submissions. 500.62 Reconsideration and appeals. 500.63 Public access to information,
Subpart -Investigation and Audit; Penalties 500.70 Investigation and audit. 500.71 Penalties. 500.72 Effect on lenders.
AUTHORITY: The provisions of this Part 500 issued under sec. 401, 76 Stat. 902, 19 U.S.C. 1802; E.O. 11075, 28 F.R. 473; and E.O. 11106, 28 F.R. 3911.
SOURCE: The provisions of this Part 500 appear at 37 F.R. 11530, June 8, 1972, unless otherwise noted.
Subpart A-General $ 500.10 Scope and purpose.
This part, which replaces in its entirety Part 610 of Chapter VI, Title 15, Code of Federal Regulations, sets forth regulations implementing responsibilities of the Secretary of Commerce under chapters 1 and 2 of title III, Trade Expansion Act of 1962, and section 7 of Executive Order 11075, as amended by Executive Order 11106, with respect to adjustment assistance for firms. $ 500.11 Definitions.
(a) “Act” means the Trade Expansion Act of 1962, 76 Stat. 872, 19 U.S.C. 1801 et seq.
(b) "Secretary" means the Secretary of Commerce or his delegate.
137 F.R. 11530, June 8, 1972.
(c) “Department” means the Depart. (3) the applicant firm is a part of such ment of Commerce.
industry; (d) “OTAA” means the Office of Trade (b) The Tariff Commission has made Adjustment Assistance, Department of an affirmative finding pursuant to secCommerce.
tion 301(c) (1) of the Act that, as a re(e) "Director” means the Director of sult in major part of concessions granted OTAA.
under trade agreements, an article like (f) "Agency” includes any agency, de or directly competitive with an article partment, board, wholly or partly owned produced by the firm is being imported corporation, instrumentality, commis into the United States in such increased sion or establishment of the United quantities as to cause, or threaten to States.
cause, serious injury to such firm; or (g) "Firm” includes an individual (c) (1) One half of the Tariff Commisproprietorship, partnership, joint ven- sioners voting in a case under section ture, association, corporation (including 301(b) (1) or 301(c) (1) of the Act have a development corporation), business made an affirmative finding and (2) the trust, cooperative, trustees in bank President has decided to accept the findruptcy, and receivers under decree of any ing of those Commissioners voting in the court. Where determined necessary by affirmative as the finding of the Comthe Secretary to prevent unjustifiable mission: Provided, That in a case arising benefits, a firm, together with any prede- under section 301(b) (1) of the Act the cessor, successor or affiliated firm con President shall also have provided, purtrolled or substantially beneficially suant to section 302(a) of the Act, that owned by substantially the same person firms in the industry may request the or persons may be considered a single Secretary for certification of eligibility, firm.
and the applicant firm is a part of such (h) "Person" means an individual, industry. firm, trust or estate.
$ 500.22 Certification of eligibility to (i) "Adjustment proposal” means a
apply under section 302(b) (1) of proposal for economic adjustment of a
the Act. firm filed under Subpart C of this part.
(a) Following an afirmative finding Subpart B—Eligibility of Firms To with respect to an industry by the Tariff Apply for Adjustment Assistance Commission pursuant to section 301(b)
(1) of the Act (or by the President in $ 500.20 General.
cases involving an affirmative finding by No firm may apply for adjustment as one half of the Commissioners voting) sistance unless first certified by the Di and provision by the President pursuant rector as eligible to apply pursuant to to section 302(a) of the Act that firms in the requirements of section 302(b) (1) or such industry may request the Secretary 302(c) of the Act and of this subpart.
for certification of eligibility to apply
for adjustment assistance, any firm in $ 500.21 Statutory criteria.
such industry may apply for such assistA firm may seek certification of eligi. ance by completing and filing an applicability to apply for adjustment assistance
tion as specified in paragraph (b) of this only if:
section. Such application must be filed (a) (1) The Tariff Commission has
within 1 year of the date of the Presimade an affirmative finding pursuant to
dent's action under section 302(a) of section 301(b) (1) of the Act that, as a
the Act, or such other period of time as
he President may specify at the time of result in major part of concessions
such action: Provided, That the Director granted under trade agreements, an ar
may grant an extension of time for filing ticle is being imported into the United
such application upon a showing to his States in such increased quantities as to
satisfaction that timely submission of cause or threaten to cause serious in
the application could not reasonably have jury to the domestic industry producing been made: And provided further, That an article that is like or directly com- any request for extension of time here. petitive with the imported article, (2) under must be made prior to expiration the President has provided, pursuant to of the time within which such application section 302(a) of the Act, that firms in would otherwise be required to be filed. such industry may request the Secretary (b) An application for certification of for such certification of eligibility, and eligibility to apply for adjustment assist
ance under this section must be made in accordance with the provisions of the Act, this part and instructions on the appropriate OTAA form (see $ 500.60), and must be accurate and complete. In making such applications, a firm should accurately set forth all facts and conditions that are material to its claim for such assistance, including the extent to which the affirmative finding of the Tariff Commission (with respect to the industry of which the firm is a part) applies to the firm and the extent of the firm's injury (or threatened injury) resulting from increased imports of the product that was the subject of the Tariff Commission's investigation. If insufficient or inconsistent information is submitted in support of such application, the firm will be required to provide additional information or otherwise correct its submission. However, every effort will be made by OTAA to proceed with processing of the application to the extent feasible in the interim.
(c) The Secretary will certify a firm that has made a timely application under this section as eligible to apply for adjustment assistance upon a finding that:
(1) The article like or directly competitive with the imported article that was the subject of the Tariff Commission's investigation is or was a significant part of the applicant firm's line of production; and
(2) The serious injury or threat thereof found by the Tariff Commission to exist with respect to the industry in question is likewise applicable to the applicant firm.
(d) In making the finding called for in paragraph (c) of this section the Secretary will, among other pertinent considerations, give due regard to the following factors which applicants should document in detail
(1) Economic factors. In determining whether increased imports of the article in question have caused serious injury or threat thereof to such firm, economic factors that are considered relevant include: (i) Idling of the firm's productive facilities capable of producing the like or directly competitive article, (ii) inability of the firm to operate at a level of reasonable profit, (iii) unemployment or underemployment in the firm, and (iv) competitive position of such firm in reiation to other firms in the industry.
(2) Injury or threat thereof. For the purpose of this section, (i) "serious injury" to a firm means a major adverse
impact on its economic condition from which it cannot reasonably be expected to recover without adjustment assistance provided under this part, and (ii) “threat of serious injury” means that an economic trend has been established that can reasonably be expected to continue and to result in serious injury to the firm in the foreseeable future. A long-range possibility of serious injury is not suficient to demonstrate a threat thereof.
(3) Causation. Increased imports of the article in question shall be considered to have caused serious injury, or threat thereof, to the applicant firm if the Secretary finds that such imports have been the major factor in causing such injury or threat thereof.
(e) While OTAA will provide all practicable counsel and assistance in the preparation of applications under this section for certification of eligibility to apply for adjustment assistance, the burden is on each firm to establish its own case. $ 500.23 Certification of eligibility to
apply under section 302(c) of the
Act. Following an affirmative finding with respect to a firm by the Tariff Commission pursuant to section 301(c) (1) of the Act (or by the President in cases involving an affirmative finding by one half of the Commissioners voting), such firm may apply for certification of eligibility to apply for adjustment assistance by filing with the Director a sworn statement, subscribed by the owners, partners or officers of such firm that no material facts were omitted from, and there has occurred no significant change in economic circumstances affecting the firm since presentation of the firm's case to the Tariff Commission. Following receipt of such statement, the Secretary ordinarily will certify promptly that such firm is eligible to apply for adjustment assistance. $ 500.24 Material change in conditions ;
denial or revocation of eligibility
certification. (a) A firm that has applied for certification of eligibility to apply for adjustment assistance under $ 500.22 or $ 500.23 must promptly inform the Director in writing of any material change in economic conditions affecting such firm, including any change in the principal ownership of such firm and any change that has occurred in the facts contained