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after consideration of all relevant information, the Secretary concludes that undue proliferation appears to exist, he shall publish a proposed determination to this effect. The proposed determination shall identify the particular consumer commodity or commodities involved and shall be accompanied by a concise statement of the facts upon which it is based.

(2) Within 60 days after publication of the proposed determination, any interested party may submit in writing comments, data, arguments, views, or other information relevant to the proposed determination. All written submissions shall be made a part of the public record.

(3) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof shall be published at least 15 days in advance. A transcript of the hearing shall be made part of the public record.

(e) Final determination as to undue proliferation. As soon as practicable following the conclusion of the proceedings described in paragraph (d) of this section, the Secretary shall either publish a final determination of undue proliferation, or he shall publish a notice withdrawing his proposed determination of undue proliferation. In no event shall the withdrawal of a proposed determination operate to preclude the initiation of another inquiry regarding the same or similar subject matter under paragraph (b) of this section. § 12.3 Development of voluntary prod

uct standards. (a) Invitation to participate in the development of a voluntary product standard. Whenever the Secretary publishes a final determination of undue proliferation under § 12.2(e), he shall invite manufacturers, packers, and distributors of the commodity or commodities involved to participate in the development of a voluntary product standard in accordance with the terms of the Act and the Department's published procedures for voluntary product standards. The term “Voluntary Product Standard” as used in this section means a standard for weights, measures or quantities in which the commodity or commodities are being distributed in packages for sale at retail.

(b) Determination that voluntary product standard will not be published. (1) If a voluntary product standard has not been developed within one year from the date on which participation was invited, the Secretary may conclude that a voluntary product standard will not likely be published. Upon reaching such a conclusion, the Secretary will publish a proposed determination that a voluntary product standard will not be published.

(2) Within 60 days after publication of the proposed determination, any interested party may submit in writing comments, data, arguments, views, or other information relevant to the proposed determination. All written submissions shall be made a part of the public record.

(3) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof shall be published at least 15 days in advance. A transcript of the hearing shall be made part of the public record.

(4) As soon as practicable following the conclusion of the proceedings described in subparagraphs (2) and (3) of this paragraph, the Secretary shall either publish a final determination that a voluntary product standard will not be published, or he shall publish a notice withdrawing his proposed determination under subparagraph (1) of this paragraph. In no event shall the withdrawal of a proposed determination operate to preclude the publication of another proposed determination under subparagraph (1) of this paragraph with respect to the same or similar subject matter.

(c) Determination that a published voluntary product standard has not been observed. (1) Whenever the Secretary has reason to believe that a voluntary product standard published under these procedures is not being observed he shall initiate an inquiry to determine such fact.

(2) If, on the basis of the information developed during the inquiry, the Secretary concludes that the voluntary product standard is not being observed, he shall publish a proposed determination to this effect. The proposed determination shall identify the particular standard involved and shall be accompanied

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by a concise statement of the facts upon SOURCE: The provisions of this Part 13 which it is based.

appear at 32 F.R. 15818, Nov. 17, 1967, unless

otherwise noted. (3) Within 60 days after publication of the proposed determination, any inter- $ 13.1 Purpose. ested party may submit in writing com

The purpose of this part is to set forth ments, data, arguments, views, or other

review procedures for rules of general information relevant to the proposed

applicability issued jointly by the Secredetermination. All written submissions

taries of Commerce and the Interior shall be made a part of the public record.

under Public Law 89-805, 19 U.S.C. 1202, (4) Within 30 days after the proposed

which established a limitation on the determination has been published, any

number of watches and watch moveinterested party may request in writing

ments containing foreign components an oral hearing to present his views. The

which may be imported duty-free from granting of such a hearing shall be at the

insular possessions of the United States. discretion of the Secretary. Any such hearing shall be public and notice thereof § 13.2 Provisions of law. shall be published at least 15 days in

Title 19, U.S.C. $ 1202, as amended, advance. A transcript of the hearing shall

provides in part that, be made part of the public record.

The Secretary of the Interior and the Sec(5) As soon as practicable following

retary of Commerce, acting jointly, shall althe conclusion of the proceedings de

locate on a fair and equitable basis among scribed in subparagraphs (3) and (4) of

producers of watches and watch movements this paragraph, and upon consideration

located in the Virgin Islands, Guam, and of all relevant information, the Secre- American Samoa the quotas for each calendar tary shall either publish a final determi

year

* * for articles which are the product nation that the voluntary product stand- of the Virgin Islands, Guam, and American ard is not being observed, or he shall pub- Samoa, respectively. Allocations made by the

Secretaries shall be final. The Secretaries are lish a notice withdrawing his proposed

authorized to issue such regulations as they determination under subparagraph (2)

determine necessary to carry out their duties of this paragraph. In no event shall the

under this paragraph. withdrawal of a proposed determination operate to preclude the initiation of an

§ 13.3

Petition for issuance or review of other inquiry regarding the same stand

a rule. ard under subparagraph (1) of this Any interested party has the right to paragraph.

petition for the issuance of a rule, or the § 12.4 Report to the Congress.

amendment or repeal of a rule issued by

the Departments of Commerce and the Whenever the Secretary publishes a

Interior, which is of general application final determination under $ 12.3(b) (4)

to watch producers located in the insular or 12.3(c) (5), he shall promptly report such determination to the Congress with

possessions of the United States. a statement of the efforts that have been § 13.4 Petition procedures. made under the voluntary standards pro

(a) All petitions shall be addressed to gram and his recommendation as to whether Congress should enact legisla

the two Secretaries and filed in two origtion providing regulatory authority to

inals and four copies with the Business deal with the situation in question.

and Defense Services Administration,

U.S. Department of Commerce, WashPART 13-PROCEDURES RELATING TO ington, D.C. 20230, Attention: Scientific, REVIEWS BY THE SECRETARY OF

Photographic and Business Equipment COMMERCE

Division.

(b) All papers presented to the SecSec. 13.1 Purpose.

retaries shall bear on the cover the name 13.2 Provisions of law.

and post office address of the petitioner 13.3 Petition for issuance or review of a and the name and address of the princirule.

pal attorney, or authorized representa13.4 Petition procedures. 13.5 Hearing on petition.

tive (if any) for the party concerned. 13.6 Notice of action taken on petition.

Such papers shall contain the following

in the order here indicated: AUTHORITY: The provisions of this Part 13 issued under 80 Stat. 1521, 19 U.S.C. 1202, as

(1) A reference to the general rule amended.

which is the subject of the petition.

(2) A concise statement of the interest of the party submitting the petition.

(3) A listing of each of the grounds relied upon by the party submitting the petition.

(4) The argument generally amplifying the material in subparagraph (3) of this paragraph and exhibiting clearly the points of law, policy and fact being presented. In cases where policy error is contended, it should be pointed out what policy of the Secretaries is alleged to be wrong, what is wrong with it and what policy the submitting party advocates as the correct one.

(5) A conclusion specifying with particularity the action which the submitting party believes the Secretaries should take. § 13.5 Hearing on petition.

The Secretaries may in their discretion schedule a hearing and may invite the participation of other interested parties when they deem it desirable. § 13.6 Notice of action taken on petition.

Prompt notice of action on a petition will be communicated to the party by registered mail, together with a statement of the grounds therefor.

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Subtitle B-Regulations Relating to

Commerce and Foreign Trade

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