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SOÚRCE: $8 206.1 to 206.7, inclusive, con- producers, and to importers known to tained in Regulations, United States Tariff the Commission to have an interest in

the Commission Commission, June 4, 1947, 12 F.R. 3738.

the subject matter of the application. $ 206.1 Applicability of rules under Such applications, except for material Erecutive Order 9832. The rules under accepted in confidence under $ 206.4 will this part are specifically applicable to in be available for public inspection at the vestigations for the purposes of Part I of

office of the Commission in Washington, Executive Order 9832 dated February 25,

D. C., or in the New York office of the 1947 (Title 3, supra) and apply in addi

Tariff Commission, Room 513 Custom

house, New York City 4, N. Y., where tion to the pertinent rules of general application set forth in part 201 of this

they may be read and copied by persons

interested. If the Tariff Commission orchapter.

ders an investigation, notice of such or§ 206.2 Purpose of investigation. The

der will be posted and published in acpurpose of an investigation under Part I cordance with $ 206.5. Notice of decision of Executive Order 9832 is to determine not to order an investigation will be whether, as a result of unforeseen devel- posted and published in the same manopments and of a concession granted on ner as notice of receipt of an application any article by the United States in a trade under this section. The Commission will agreement containing a clause such as notify the applicant of its decision to that prescribed in paragraph 1 of Part I order or not to order the investigation of Executive Order 9832, such article is requested. being imported in such increased quanti- (b) Applications for investigations ties and under such conditions as to cause should be typewritten or printed, and or threaten serious injury to domestic must be submitted in triplicate but need producers of like or similar articles.

not be drawn in any particular form and 8 206.3 Applications. (a) Applica

need not be under oath. Applications tions for an investigation for the pur

must be signed by or on behalf of the apposes of Part I of Executive Order 9832 plicant and should state the name, admay be made by any interested person, dress, and nature of business of the appartnership, association, or corporation, plicant. and must be filed with the Secretary, (c) Applications must clearly state United States Tariff Commission, Wash that they are requests for investigations ington 25, D. C. Receipt by the Com and must name or describe the commodmission of an application for investiga ity or commodities concerning which an tion, properly filed, will be acknowledged investigation is sought. They must also by the Secretary, and public notice of refer to the trade-agreement provision or such receipt will be posted at the prin provisions applicable to such commodity. cipal ofice of the Commission in Wash- (d) The applicant must file with his ington, D. C., and at its New York office, application such supporting information and published in the FEDERAL REGISTER, as may be in his possession or is readily and in the weekly Treasury Decisions of available. The filing of such informathe Treasury Department. Copies of no- tion is required to aid the Commission in tices will also be sent to press associa determining whether the circumstances tions, trade and similar organizations of warrant an investigation under Execu

tive Order 9832, and does not render Paragraph numbered 1 of the Executive

unnecessary the investigation itself. In Order (which was issued to implement the other words, the application is prelimTrade Agreements Act of June 12. 1934) isinary to and not a substitute for the in. as follows: "There shall be included in every

vestigation which the Tariff Commission trade agreement hereafter entered into under

is required to make in appropriate cirthe authority of said act of June 12, 1934, as amended, a clause providing in effect that cumstances. As far as practicable, inif, as a result of unforeseen developments and formation of the character indicated in of the concession granted by the United

this paragraph should be furnished: States on any article in the trade agreement,

(1) Information on imports, producsuch article is being imported in such increased quantities and under such conditions

tion, sales, and exports, of the product as to cause, or threaten, serious injury to do covered by the application, by months, mestic producers of like or similar articles, for the years 1937, 1939, and 1946, and the United States shall be free to withdraw

subsequent periods. the concession, in whole or in part, or to modify it, to the extent and for such time as

(i) Imports (quantity and value). may be necessary to prevent such injury." (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: prcfits 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 ofice 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 other factors, but with a view to assisting parties interested to present information necessary for the formulation of findings and recommendations required by Part I of Executive Order 9832, the Commission will expect attention in the hearing to be concentrated upon the facts relating to:

(1) The competitive strength of the foreign and domestic article in the markets of the United States during a representative period prior and subsequent to the granting of the trade-agreement concession.

(2) Costs of production of the foreign and domestic article during a representative period prior and subsequent to the granting of the trade-agreement concession, and costs of importation of the foreign article during similar periods.

(3) Developments since the granting of the trade-agreement concession which constitute advantages or disadvantages in competition between the domestic and the foreign article in the markets of the United States.

Finally, parties interested appearing at public hearings are expected to present definite information rather than generalities and conjectures.

$ 206.7 Reports. If the Commission finds in its investigation that, as a result of unforeseen developments and of a concession granted in a trade agreement, imports are in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers, it will report its findings to the President with appropriate recommendations for the withdrawal or modification of the concession to the extent found necessary for the prevention of such injury. Such report is submitted for the President's consideration "in the light of the public interest." Presidential authority to increase duties and impose such additional import restrictions as are required or appropriate to carry out a foreign trade agreement is provided for in the Trade Agreements Act of 1934, as amended. (Section 350, Tariff Act of 1930, as amended, 19 U. S. C. 1351.) In the absence of such a finding by the Commission, notice of dismissal of the investigation will be published in the same manner as the notice ordering the investigation under $ 206.5. The Commission will also issue a statement of the reasons for the dismissal.


Part Chapter 'I—Bureau of Employees' Compensation, Federal Security Agency.... 04 Chapter II—Railroad Retirement Board...... Chapter III—Social Security Administration (Old-Age and Survivors Insur

ance), Federal Security Agency.--.--. NOTE: Other regulations issued by the Federal Security Agency appear in Title 21, Chapter I, Title 42, and Title 45.

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N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C. 1002, 1003).

04 Delegations of authority. [Amended]

ABBREVIATIONS: The following abbreviations are used in this chapter:
FR. Federal Register
Stat. Statutes at Large
U.S.C. United States Code


8 04.11 Delegations of authority. * * * AUTHORITY

(b) . .

(6) The Institute of Inter-American Subpart B_United States Employees'

Affairs and the Inter-American EducaCompensation Act and Extensions tional Foundation, Inc., in the other Thereof

American republics. [Subparagraph

(6) amended, approved Jan, 29, 1947, 12 Sec.

F.R. 791) 04.11 Delegations of authority. (Amended],

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