200.1 Creation and authority. [Revised] 200.4 Functions. [Amended]

200.5 Availability of information. [Amended]

§ 200.1 Creation and authority. The United States Tariff Commission was created by act of Congress approved September 8, 1916 (39 Stat. 795) for the purpose of supplying the Congress and the President with information regarding the position of the United States industries in competition with imports, regarding the administration and operation of the United States customs laws, and regarding commercial policies of foreign countries. The Tariff Act of 1922 (42 Stat. 858) increased its functions by providing for investigation and report by the Tariff Commission before action by the President under the authority given him by that act to change duties when found necessary to equalize differences in costs of production in the United States and foreign countries and also before action by him embargoing imports pursuant to the provision declaring unfair methods of competition in the import trade to be unlawful. Title III, Part II, of the Tariff Act of 1930 (46 Stat. 696; 19 U. S. C. 1330-41) provided for a reorganization of the Tariff Commission and reenacted substantially all the pre

vious provisions regarding its powers and duties. The Trade Agreements Act of June 12, 1934 (48 Stat. 943; 19 U. S. C. 1351-54) names the Commission as one of the advisory agencies in the negotiation of reciprocal trade agreements. (See Part II of Executive Order 9832, dated February 25, 1947, Title 3, supra). The Agricultural Adjustment Act (of 1933), as amended (7 U. S. C. 624), designates the Tariff Commission as the agency to conduct investigations to determine whether imports are interfering with certain agricultural programs undertaken by the Government. The Philippine Trade Act of 1946 (Pub. Law 371, 79th Cong.) imposes upon the Tariff Commission the function of conducting investigations and reporting to the President in connection with the administration of the provisions of that act respecting quotas on imports of Philippine articles. Part I of Executive Order 9832 (Title 3, supra) provides for investigation and report to the President by the Tariff Commission regarding injury to domestic producers resulting from tradeagreement concessions. (Sec. 332, 46 Stat. 698; 19 U.S.C. 1332) [Statement, June 4, 1947, 12 F.R. 3737]

$ 200.4 Functions.

(f) Foreign trade agreements-(1) Negotiation. The Trade Agreements Act of June 12, 1934 (sec. 4, 48 Stat. 945; 19

U.S.C. 1354) designates the Tariff Commission as a source of information and advice to the President in the negotiation of foreign trade agreements made under that act. The Tariff Commission is represented on the Committee for Reciprocity Information (Executive Orders 6750, June 27, 1934 and 9647, Oct. 25, 1945, 3 CFR, 1945 Supp.), and on the Interdepartmental Committee on Trade Agreements (Part II, Executive Order 9832, Title 3, supra). In addition to its function of advising the President on all aspects of the trade agreements program, the Tariff Commission has the special function under paragraph numbered 6 of Executive Order 9832 in supplying to the President information prior to trade agreement negotiations as follows:

With respect to each dutiable import item which is considered by the Interdepartmental Committee for inclusion in a trade agreement, the Tariff Commission shall make an analysis of the facts relative to the production, trade, and consumption of the article involved, to the probable effect of granting a concession thereon, and to the competitive factors involved. Such analysis shall be submitted in digest form to the Interdepartmental Committee. The digests, excepting confidential material, shall be published by the Tariff Commission.

The Commission is also represented on the various subcommittees of the Interdepartmental Committee on Trade Agreements.

(2) Investigations regarding injury. Under Part I of Executive Order 9832 (Title 3, supra), the Commission investigates to determine whether domestic producers are being, injured or are threatened with injury resulting from the granting of trade-agreement concessions; it reports its findings to the President for his consideration in connection with the reservations of the right to withdraw or modify concessions in cases where injury or threat of injury is found to result from trade-agreement concessions. [Paragraph amended June 4, 1947, 12 F.R. 3737]

(f)

§ 200.5 Availability of information. CODIFICATION: § 200.5 was amended in the following respects by Statement, United States Tariff Commission, June 2, 1947, 12 FR. 3562:

1. In paragraph (c) the second sentence was amended to read "These appear generally in the various trade journals".

2. In paragraph (d) the next to the last sentence was deleted in its entirety.

PART 201-RULES OF GENERAL

Sec. 201.1

201.8

APPLICATION

Applicability of general rules. [Revised]

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 I of Executive Order 9832, and complaints under section 337 of the Tariff Act of 1930. [Amended]

201.10 Public notice of investigations. [Revised]

201.11 Public hearings. [Amended] . 201.15 Witnesses and subpenas. [Amended]

AUTHORITY: §§ 201.1 to 201.15, appearing in this Supplement, issued under sec. 332, 46 Stat. 698, secs. 3. 12, 60 Stat. 238, 244; 19 U.S.C. 1332, 5 U.S.C. 1002, 1011. E.O. 9832, Feb. 25, 1947, Title 3, supra.

§ 201.1 Applicability of general rules. The Tariff Commission rules of general application apply to investigations under the provisions of sections 332, 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. 31, 49 Stat. 773; sec. 5, 49 Stat. 1152; sec. 1, 50 Stat. 246; 54 Stat. 17; 7 U. S. C. 624), to investigations under section 504 of the Philippine Trade Act of 1946 (Pub. Law 371, 79th Cong.), and to investigations under Part I of Executive Order 9832 (Title 3, supra). Rules having specific application to 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, and under Part I of Executive Order 9832, respectively, appear separately in Parts 202 to 206, inclusive, 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 206 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. [Reg., June 4, 1947, 12 F.R. 3738]

§ 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 I of Executive Order 9832, 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 I of Executive Order 9832, 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 information concerning such matters may be filed with the New York office as well as with the Washington office. [Headnote and paragraph (a) amended June 4, 1947, 12 F.R. 3738]

CODIFICATION: In § 201.8 the first sentence in paragraph (b) was amended in the following respects, by Regulation, United States Tariff Commission, June 2, 1947, 12 FR. 3562:

1. The comma following the word "Register" was deleted and the word "and" was substituted in lieu thereof.

2. The comma was changed to a period after the words "Treasury Department" and the phrase immediately following was deleted.

§ 201,10 Public notice of investigations. Public notice will be given of every investigation ordered by the Commission 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, and under Part I of Executive Order 9832, Title 3, supra, 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 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 known to the Commission to have an interest in the subject matter of the investigation. [Reg., June 4, 1947, 12 F.R. 3738]

CODIFICATION: Prior to the revision of § 201.10 as set forth above a period was substituted for the semicolon after the word

1 Under Executive Order 7233 of November 23, 1935, applications for investigations under section 22 of the Agricultural Adjustment Act (of 1933), as amended, must be filed with the Secretary of Agriculture. See Part 204 of this chapter.

"Register" and the phrase immediately following was deleted by Regulation, United States Tariff Commission, June 2, 1947, 12 F.R. 3562.

§ 201.11 Public hearings. (a) Hearings are required by law only 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, and under Part I of Executive Order 9832, Title 3, supra. 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. [Paragraph (a) amended June 4, 1947, 12 F.R. 3738]

(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. [Paragraph (d) added Dec. 31, 1946, 12 F.R. 41

CROSS REFERENCE: For rule regarding expenses see § 201.16.

For rule regarding service of process, see § 201.19.

SOURCE: $206.1 to 206.7, inclusive, contained in Regulations, United States Tariff Commission, June 4, 1947, 12 F.R. 3738.

§ 206.1 Applicability of rules under Executive Order 9832. The rules under this part are specifically applicable to investigations for the purposes of Part I of Executive Order 9832 dated February 25, 1947 (Title 3, supra) 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 Part I of Executive Order 9832 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 1 of Part I of Executive Order 9832,' such article is being imported in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or similar articles.

§ 206.3 Applications. (a) Applications for an investigation for the purposes of Part I of Executive Order 9832 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

'Paragraph numbered 1 of the Executive Order (which was issued to implement the Trade Agreements Act of June 12, 1934) is as follows: "There shall be included in every trade agreement hereafter entered into under the authority of said act of June 12, 1934, as amended, a clause providing in effect that if, as a result of unforeseen developments and of the concession granted by the United States on any article in the trade agreement, such article is being imported in such increased quantities and under such conditions as to cause, or threaten, serious injury to domestic producers of 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."

producers, and to importers known to the Commission to have an interest in the subject matter of the application. Such applications, except for material accepted in confidence under § 206.4 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, Room 513 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 § 206.5. 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 must be submitted in triplicate but 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 9832, 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.

(i) 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:

(i) 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 filing applications under Executive Order 9832 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 vell as in the larger public libraries and university and state libraries.

§ 206.4 Confidential information.___ All information submitted with an application which it is desired shall be treated as confidential should be submitted on separate pages clearly marked "Confidential." The determination regarding the confidential character of such information is a matter within the discretion of the Commission.

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

§ 206.5 Public notice of investigation. Public notice of an investigation ordered by the Commission under Part I of Executive Order 9832 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.

§ 206.6 Public hearings-(a) Public notice. In the course of an investigation ordered for the purpose of Part I of Executive Order 9832, 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