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whole, (ii) by each of the separate estab- the President to prevent or remedy serilishments, if any, in which the named or ous injury to domestic industries. For described domestic article is produced, other applicable rules see Part 201 of and (iii) in the production of the named this chapter. or described domestic article only; and (3) the total number of man-hours em

§ 207.2 Continuing review maintained. ployed in the production of (i) all articles As long as any increase in, or imposiproduced by the firm as a whole, (ii) all tion of, any duty or other import restricarticles produced in each of the separate

tion made by the President pursuant to establishments, if any, in which the section 7 of the Trade Agreements Exnamed or described domestic article is tension Act of 1951 or section 351 of the produced, and (iii) the named or de- Trade Expansion Act remains in effect, scribed domestic article only; (g) enu- the Commission will keep under review meration and description of the factors developments with respect to the indusbelieved to be causing or threatening try concerned, and report annually to unemployment or underemployment in the President concerning such developthe workers' firm or subdivision thereof, ments. Unless otherwise ordered, no and (h) a statement regarding the extent to which increased imports of the named 14 The pertinent provisions of section 351 or described foreign article are believed (d) of the Trade Expansion Act are as to be such a factor.

follows:

"(1) So long as any increase in, or imposi$ 206.19 Release of reports.

tion of, any duty or other import restriction

pursuant to this section or pursuant to secCommission reports to the President

tion 7 of the Trade Agreements Extension concerning investigations to which this Act of 1951 remains in effect, the Tarift Subpart D relates will not be released Commission shall keep under review de. to the public, but the Commission will velopments with respect to the industry conmake public its conclusion in each cerned, and shall make annual reports to the investigation.

President concerning such developments.

“(2) Upon request of the President or

upon its own motion, the Tariff Commission PART 207_REVIEW OF ACTIONS shall advise the President of its judgment

PROVIDING ADDITIONAL TARIFF as to the probable economic effect on the PROTECTION TO INDUSTRIES TO

industry concerned of the reduction or ter.

mination of the increase in, or imposition PREVENT OR REMEDY SERIOUS IN- of, any duty or other import restriction JURY FROM IMPORTS

pursuant to this section or section 7 of the

Trade Agreements Extension Act of 1951. Sec.

“(3) Upon petition on behalf of the in. 207.1 Applicability of part.

dustry concerned, filed with the Tariff Com207.2 Continuing review maintained.

mission not earlier than the date which is 207.3 Investigations to determine probable 9 months, and not later than the date which

effect of reduction or elimination of is 6 months, before the date any increase or increased or additional import re- Imposition referred to in paragraph (1) or strictions.

(2) of subsection (c) is to terminate by 207.4 Investigations to determine probablo reason of the expiration of the applicable

effect of automatic termination of period prescribed in paragraph (1) or an increased or additional import re

extension thereof under paragraph (2), the strictions.

Tariff Commission shall advise the President 207.5 Public hearings.

of its judgment as to the probable economic 207.6 Reports.

effect on such industry of such termination.

"(4) In advising the President under this AUTHORITY: The provisions of this part 207 subsection as to the probablo economic effect issued under sec. 335, 72 Stat. 680, sec. 401, on the industry concerned, the Tariff Com. 76 Stat. 902; 19 U.S.C. 1335, 1802.

mission shall take into account all economic SOURCE: The provisions of this part 207

factors which it considers relevant, includ. appear at 27 F.R. 12125, Dec. 7, 1962.

ing idling of productive facilities, inability

to operate at a level of reasonable profit, and § 207.1 Applicability of part.

unemployment or underemployment.

(5) Advice by the Tariff Commission un. This Part 207 applies specifically to the

der this subsection shall be given on the functions and duties of the Commission basis of an investigation during the course under the provisions of section 351(d) of

of which the Tariff Commission shall bold

a hearing at which interested persons shall the Trade Expansion Act that deal with

be given a reasonable opportunity to be Commission review of increased or ad

present, to produce evidence, and to be ditional import restrictions imposed by heard.” (19 U.S.C. 1981).

15

hearings or other formal proceedings will be had in connection with such continuing review. $ 207.3 Investigations to determine

probable effect of reduction or elimi. nation of increased or additional im.

port restrictions. (a) Initiation of investigations. Investigations for the purposes of section 351(d) (2) of the Trade Expansion Act will be instituted only upon request of the President or upon the Commission's own motion.

(b) Investigations upon Commission's own motion. An investigation upon the Commission's own motion will be instituted whenever, in the course of its continuing review of developments in the industry concerned (§ 207.2) it appears to the Commission that the increase in, or imposition of, the duty or other import restriction proclaimed by the President pursuant to section 7 of the Trade Agreements Extension Act of 1951 or section 351 of the Trade Expansion Act may no longer be necessary to prevent or remedy serious injury to such industry. § 207.4 Investigations to determine

probable effect of automatic termi. nation of increased or additional

import restrictions. 16 (a) Initiation of investigations. Investigations for the purposes of section 351(d) (3) of the Trade Expansion Act will be instituted upon petition filed on behalf of the industry concerned.

(b) Who may file petition. A petition under this § 207.4 may be filed by or on behalf of any firm or firms which, during the last full year preceding the filing of the petition, accounted for the major portion (by quantity) of the domestic article concerned in the investigation of the Commission which resulted in the increase in, or imposition of, the duty or other import restriction.

(c) Time for filing. A petition under this § 207.4 may not be filed earlier than the date which is 9 months, or later than the date which is 6 months, before the date the original increase in, or imposition of, the duty or other import restriction to which the petition relates, or any extension thereof, is to terminate unless further extended pursuant to law.

(d) Requirements for petitions. In addition to conforming with the requirements of $ 201.8 of this chapter, petitions filed under this § 207.4 shall include the following: (1) The names and addresses of the firms producing the domestic article concerned, and the location of the separate establishments, if any, of such firms in which such article is produced; (2) imports by quantity, for each of the most recent five full years, of the foreign article concerned; (3) production by quantity, for each of the most recent two full years, of the domestic article concerned; and (4) a statement of the reasons why petitioner believes that an extension of the increase in, or imposition of, the duty or other import restriction is warranted. $ 207.5 Public hearings.

A public hearing will be held in connection with each investigation to which this Part 207 relates.

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15 Investigations to which $ 207.3 relates are conducted for the purpose of advising the President in connection with any action he might take pursuant to section 351(c) (1) (A) of the Trade Expansion Act, which reads as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951 • • • may be reduced or terminated by the President when he determines, after taking into account the advice received from the Tariff Commission under subsection (d) (2) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such reduction or termination is in the national interest." (19 U.S.C. 1981).

16 Section 351(c)(1)(B) of the Trade Expansion Act provides as follows: "Any in. crease in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951 • * . unless extended under paragraph (2), shall terminate not later than the close of the date which is 4 years (or, in the case of any such increase or imposition proclaimed pursuant

to such section 7, 5 years) after the effective date of the initial proclamation or the date of the enactment of this Act, whichever date is the later." The reference in section 351(C) (1) (B) to "paragraph (2)" is to paragraph 2 of section 351(c), which reads as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or pursuant to section 7 of the Trade Agreements Extension Act of 1951 may be extended in whole or in part by the President for such periods (not in excess of 4 years at any one time) as he may designate if he determines, after taking into account the advice received from the Tariff Commission under subsection (d) (3) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such extension is in the national interest". (19 U.S.C. 1981).

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8 207.6 Reports.

After completion of an investigation to which this Part 207 relates, the Commission will report to the President its judgment, based upon such investigation, as to the probable economic effect on the industry concerned of the reduction or termination of the increase in, or imposition of, the duty or other import restriction in question.

PART 208-INVESTIGATIONS OF

DUMPING INJURY TO DOMESTIC

INDUSTRY 17 Sec. 208.1 Applicability of part. 208.2 Purpose of investigation. 208.3 Institution of investigation. 208.4 Public hearings. 208.5 Written statements. 208.6 Notification of Commission's deter

mination. AUTHORITY: The provisions of this part 208 issued under sec. 335, 72 Stat. 680; 19 U.S.C. 1335.

SOURCE: The provisions of this part 208 appear at 27 F.R. 12126, Dec. 7, 1962, unless otherwise noted. 8 208.1 Applicability of part.

This Part 208 applies specifically to investigations for the purposes of section 201(a) of the Antidumping Act. For other applicable rules see Part 201 of this chapter. 208.2 Purpose of investigation.

The purpose of an investigation by the Commission under section 201(a) of the Antidumping Act is to determine whether an industry in the United States is being, or is likely to be, injured, or is prevented from being established, by reason of the importation into the United States of a class or kind of foreign merchandise which the Secretary of the

Treasury has determined is being, or is likely to be, sold in the United States or elsewhere at less than its fair value. § 208.3 Institution of investigation.

After the receipt of advice from the Secretary of the Treasury that he has determined that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value, the Commission will institute an investigation for the purposes indicated in § 208.2. § 208.4

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 fifteen 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. § 208.5 Written statements.

At any time after a notice of investigation under § 208.3 is published in the FEDERAL REGISTER, any interested party may submit to the Commission a written statement of information pertinent to the subject matter of such investigation. If a public hearing is held in the investi. gation such statement may be presented in lieu of appearance at such hearing. Statements shall conform with the requirements for documents set forth in $201.8 of this chapter. § 208.6 Notification of Commission's

determination. On or before the expiration of three months after the date of the receipt by the Commission of the advice from the Secretary of the Treasury referred to in

208.3 the Commission will notify the Secretary of the Treasury of its determination. A summary of the Commission's determination, together with a statement of reasons therefor, will be published in the FEDERAL REGISTER.

17 This part relates to the functions of the United States Tariff Commission under the provisions of the Antidumping Act. Responsibility for the administration of that Act, except with respect to the functions to which this Part 208 relates, is vested by law in the Secretary of the Treasury. Investigations under the Antidumping Act to determine whether a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value are initiated by the Bureau of Customs.

CHAPTER III-BUSINESS AND DEFENSE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE

Part 301

Determination of bona fide motor vehicle manufacturer.

PART 301-DETERMINATION OF

BONA FIDE MOTOR-VEHICLE

MANUFACTURER Sec. 801.1 Scope and purpose. 301.2 Definitions. 301.3 Application. 301.4 Determination by the Administrator. 301.5 Maintenance and publication of a list

of bona fide motor-vehicle manu.

facturers. AUTHORITY: The provisions of this Part 301 issued under Commerce Department Order No. 152, as amended, and 79 Stat. 1016.

SOURCE: The provisions of this part 301 appear at 30 F.R. 15271, Dec. 10, 1965, unless otherwise noted. 8 301.1 Scope and purpose.

The purpose of this part is to set forth regulations implementing headnote 2 to Subpart B, Part 6, schedule 6 of the Tariff Schedules of the United States as proclaimed by Proclamation No. 3682 of October 21, 1965 (30 F.R. 13683), issued pursuant to Titles II and IV of the Automotive Products Trade Act of 1965, by establishing a procedure under which a person may apply to be determined a "bona fide motor-vehicle manufacturer.” Under headnote 2 to Subpart B, Part 6, schedule 6 of the Tariff Schedules of the United States as proclaimed by Proclamation No. 3682, whenever the Secretary of Commerce has determined a person to be a bona fide motor-vehicle manufacturer, such person is eligible to obtain duty-free importation of certain Canadian articles and to issue certain orders, contracts, or letters of intent under or pursuant to which other persons, not themselves bona fide motor-vehicle man

ufacturers, may obtain duty-free treatment for such Canadian Articles. The responsibilities of the Secretary of Commerce relating to the development, maintenance and publication of a list of "bona fide motor-vehicle manufacturers" and the authority to promulgate rules and regulations pertaining thereto, were delegated to the Administrator, Business and Defense Services Administration, Department of Commerce, by Department Order No. 152, as amended, December 3, 1965. & 301.2 Definitions.

For the purposes of the regulations in this part and the forms issued to implement it:

(a) The term "Act" shall mean the Automotive Products Trade Act of 1965 (Public Law 89–283, 79 Stat. 1016).

(b) The term “Administrator" means the Administrator of the Business and Defense Services Administration, Department of Commerce,

(c) The term "motor vehicle" means a motor vehicle of a kind described in item 692.05 or 692.10 of Subpart B, Part 6, schedule 6, of the Tariff Schedules of the United States (excluding an electric trolley bus and a three-wheeled vehicle) or an automobile truck tractor.

(d) The term “bona fide motor-vehicle manufacturer” means a person who, upon application to the Administrator under this part, is determined by the Administrator to have produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date certified in the application, and to have had as of such date installed capacity in the United

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States to produce 10 or more complete motor vehicles per 40-hour week. A person shall only be regarded as having had the capacity to produce a complete motor vehicle if his operations included the assembly of two or more major components (e.g., the attachment of a body to a chassis) to create a new motor vehicle ready for use.

(e) The term “person” includes any individual, corporation, partnership, association, company, or any other kind of organization.

(f) The term “United States” includes only the States, the District of Columbia, and Puerto Rico. § 301.3 Application.

(a) Any person in the United States desiring to be determined a bona fide motor-vehicle manufacturer shall apply to the Administrator by filing two copies of Form BDSAF 725 in accordance with the instructions set forth on the form and in this part. Application forms may be obtained from the Administrator, any field office of the U.S. Department of Commerce, or from U.S. Collectors of Customs, and should be mailed or delivered to the: Office of the Administrator, Business and De

fense Services Administration, U.S. Department of Commerce, Washington, D.C.,

20230. § 301.4 Determination by the Adminis

trator. (a) As soon as practicable after receipt of the application, the Administra

tor shall determine whether an applicant has produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date after January 17, 1965, certified in the application and as of such date, had installed capacity in the United States to produce 10 or more complete motor vehicles per 40-hour week. The Administrator may request such additional data from an applicant as he may deem appropriate to establish whether the applicant has satisfied the requirements of this part.

(b) A determination by the Administrator under this part shall be effective for a 12-month period to begin on the date as of which the Administrator determines that the applicant qualified under this part. Within 60 days prior to the termination of such period, a bona fide motor-vehicle manufacturer may apply for another determination under this part.

(c) The Administrator wil promptly notify each applicant in writing of the final action taken on his application. 8 301.5 Maintenance and publication of

a list of bona fide motor-vehicle

manufacturers. (a) The Administrator shall maintain, and publish from time to time in the FEDERAL REGISTER, a list of the names and addresses of bona fide motor-vehicle manufacturers, and the effective dates for each determination.

APPENDIX A-TARIFF SCHEDULES OF THE

UNITED STATES

NOTE: For a revision of the Tariff Schedules of the United States, effective January 1, 1968, see Proclamation 3822, 32 F.R. 19002, Dec. 19, 1967 (3 CFR, 1967 Comp. p. 98).

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