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(b) Who may file petition. A petition & 207.6 Reports. under this § 207.4 may be filed by or on After completion of an investigation behalf of any firm or firms which, during to which this Part 207 relates, the Comthe last full year preceding the filing of mission will report to the President its the petition, accounted for the major judgment, based upon such investigaportion (by quantity) of the domestic

tion, as to the probable economic effect article concerned in the investigation of on the industry concerned of the reducthe Commission which resulted in the

tion or termination of the increase in, or increase in, or imposition of, the duty or imposition of, the duty or other import other import restriction.

restriction in question.
(c) Time for filing. A petition under
this $ 207.4 may not be filed earlier than

PART 208-INVESTIGATIONS OF the date which is 9 months, or later than

DUMPING INJURY TO DOMESTIC
the date which is 6 months, before the
date the original increase in, or imposi-

INDUSTRY 17
tion of, the duty or other import restric- Sec.
tion to which the petition relates, or any 208.1 Applicability of part.
extension thereof, is to terminate unless 208.2 Purpose of investigation.
further extended pursuant to law.

208.3 Institution of investigation.

208.4 Public hearings. (d) Requirements for petitions. In

208.5 Written statements, addition to conforming with the require

208.6 Notification of Commission's determents of $201.8 of this chapter, peti

mination, tions filed under this $ 207.4 shall include

AUTHORITY: The provisions of this part 208 the following: (1) The names and ad

issued under sec. 335, 72 Stat. 680; 19 U.S.C. dresses of the firms producing the do

1335.
mestic article concerned, and the location
of the separate establishments, if any, of

SOURCE: The provisions of this part 208 such firms in which such article is pro

appear at 27 F.R. 12126, Dec. 7, 1962, unless

otherwise noted.
duced; (2) imports by quantity, for each
of the most recent five full years, of the

$ 208.1 Applicability of part.
foreign article concerned; (3) produc-

This Part 208 applies specifically to intion by quantity, for each of the most re

vestigations for the purposes of section cent two full years, of the domestic ar

201(a) of the Antidumping Act. For ticle concerned; and (4) a statement of

other applicable rules see Part 201 of this the reasons why petitioner believes that

chapter.
an extension of the increase in, or im-
position of, the duty or other import

§ 208.2 Purpose of investigation.
restriction is warranted.

The purpose of an investigation by the 8 207.5 Public hearings.

Commission under section 201(a) of the

Antidumping Act is to determine whethA public hearing will be held in con

er an industry in the United States is nection with each investigation to which being, or is likely to be, injured, or is this Part 207 relates.

prevented from being established, by

reason of the importation into the United to such section 7, 5 years) after the effective States of a class or kind of foreign merdate of the initial proclamation or the date chandise which the Secretary of the of the enactment of this Act, whichever date is the later."

Treasury has determined is being, or is The reference in section 351(C) (1) (B) to "paragraph (2)" is to para

likely to be, sold in the United States or graph 2 of section 351(c), which reads as

elsewhere at less than its fair value. follows: "Any increase in, or imposition of, any duty or other import restriction pro- 17 This part relates to the functions of the claimed pursuant to this section or pursuant

United States Tariff Commission under the to section 7 of the Trade Agreements Exten- provisions of the Antidumping Act. Responsion Act of 1951 may be extended in whole sibility for the administration of that Act, or in part by the President for such periods except with respect to the functions to which (not in excess of 4 years at any one time) as this Part 208 relates, is vested by law in the he may designate if he determines, after Secretary of the Treasury. Investigations taking into account the advice received from under the Antidumping Act to determine the Tariff Commission under subsection whether a class or kind of foreign merchan(d) (3) and after seeking advice of the Sec- dise is being, or is likely to be, sold in the retary of Commerce and the Secretary of United States or elsewhere at less than its Labor, that such extension is in the national fair value are initiated by the Bureau of interest". (19 U.S.C. 1981).

Customs.

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§ 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 investigation 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.

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

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PART 301-DETERMINATION OF ufacturers, may obtain duty-free treat-
BONA FIDE MOTOR VEHICLE

ment for such Canadian Articles. The
MANUFACTURER

responsibilities of the Secretary of Com

merce relating to the development, mainSec.

tenance and publication of a list of "bona 301.1 Scope and purpose.

fide motor-vehicle manufacturers" and 301.2 Definitions.

the authority to promulgate rules and
301.3 Application.

regulations pertaining thereto, were dele-
301.4 Determination by the Administrator.
301.5 Maintenance and publication of a list

gated to the Administrator, Business and
of bona fide motor-vehicle manu- Defense Services Administration, De-
facturers.

partment of Commerce, by Department AUTHORITY: The provisions of this part

Order No. 152, as amended, December 3, 301 issued under Commerce Department

1965. Order No. 152, as amended, and 79 Stat. 1016.

$ 301.2 Definitions.
SOURCE: The provisions of this part 301

For the purposes of the regulations in
appear at 30 F.R. 15271, Dec. 10, 1965, unless
otherwise noted.

this part and the forms issued to imple

ment it:
$ 301.1 Scope and purpose.

(a) The term “Act" shall mean the
The purpose of this part is to set forth Automotive Products Trade Act of 1965
regulations implementing headnote 2 to (Public Law 89-283, 79 Stat. 1016).
Subpart B, Part 6, schedule 6 of the (b) The term “Administrator" means
Tariff Schedules of the United States as the Administrator of the Business and
proclaimed by Proclamation No. 3682 of Defense Services Administration, De-
October 21, 1965 (30 F.R. 13683), issued partment of Commerce,
pursuant to Titles II and IV of the Auto- (c) The term “motor vehicle" means a
motive Products Trade Act of 1965, by motor vehicle of a kind described in item
establishing a procedure under which a 692.05 or 692.10 of Subpart B, Part 6,
person may apply to be determined a schedule 6, of the Tariff Schedules of
"bona fide motor-vehicle manufacturer." the United States (excluding an electric
Under headnote 2 to Subpart B, Part 6, trolley bus and a three-wheeled vehicle)
schedule 6 of the Tariff Schedules of the or an automobile truck tractor.
United States as proclaimed by Procla- (d) The term "bona fide motor-vehicle
mation No. 3682, whenever the Secretary manufacturer" means a person who,
of Commerce has determined a person to upon application to the Administrator
be a bona fide motor-vehicle manufac- under this part, is determined by the
turer, such person is eligible to obtain Administrator to have produced no fewer
duty-free importation of certain Cana- than 15 complete motor vehicles in the
dian articles and to issue certain orders, United States during the 12-month
contracts, or letters of intent under or period preceding the date certified in the
pursuant to which other persons, not application, and to have had as of such
themselves bona fide motor-vehicle man- date installed capacity in the United

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 per

on 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 will promptly notify each applicant in writing of the final action taken on his application. $ 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-TABLE OF AMENDMENTS TO THE

TARIFF SCHEDULES OF THE UNITED STATES

NOTE: This Appendix reflects direct statutory and Presidential amendments to the “Tariff Schedules of the United States” (28 F.R. 8599, Aug. 17, 1963; 28 F.R. 9131, Aug. 20, 1963). Amendments are tabulated in the order of line item numbers and headnote designations aifected.

AMENDMENTS: Pub. Law 88–323, 78 Stat. 222; Pub. Law 88–329, 78 Stat. 225; Pub. Law 88-331, 78 Stat. 226; Pub. Law 88–334, 78 Stat. 231; Pub. Law 88–336, 78 Stat. 231; Pub. Law 88-337, 78 Stat. 232; Pub. Law 88-338, 78 Stat. 232; Pub. Law 88-342, 78 Stat. 234; Pub, Law 88-362, 78 Stat. 298; Pub. Law 88-482, 78 Stat. 594; Pub. Law 89-61, 79 Stat. 207; Pub. Law 89-62, 79 Stat. 208; Pub. Law 89-204, 79 Stat 839; Pub. Law 89–229, 79 Stat. 901; Pub. Law 89–241, 79 State. 933; Pub. Law 89,283, 79 Stat. 1016; Pub. Law 89–388, 80 Stat. 109; Pub. Law 89-392, 80 Stat. 118; Pub. Law 89-405, 80 Stat. 130; Pub. Law 89-431, 80 Stat. 168; Pub. Law 89 432, 80 Stat. 169; Pub. Law 89-433, 80 Stat. 169; Pub. Law 89-434, 80 Stat. 169; Pub. Law 89-436, 80 Stat. 189; Pub. Law 89-437, 80 Stat. 190; Pub. Law 89-439, 80 Stat. 181; Pub. Law 89-440, 80 Stat. 192; Pub. Law 89-468, 80 Stat. 218; Pub. Law 89–573, 80 Stat. 765; Pub. Law 89–575, 80 Stat. 771; Pub. Law 89-634, 80 Stat. 879; Pub. Law 89-805, 80 Stat. 1521; Pub. Law 89-806, 80 Stat. 1523.

Proc. 3558, 3 CFR, 1959–1963 Comp. p. 310; Proc. 3562, 3 CFR, 1959–1963 Comp. p. 315; Proc. 3564, 3 CFR, 1959–1963 Comp. p. 318; Proc. 3597, 3 CFR, 1964 Supp., p. 51; Proc. 3683, 3 CFR, 1965 Supp., p. 69; Proc. 3694, 3 CFR, 1965 Supp., p. 85; Proc. 3696, 3 CFR, 1966 Supp.; Proc. 3697, 3 CFR, 1966 Supp.; Proc. 3703, 3 CFR, 1966 Supp.; Proc. 3709, 3 CFR, 1966 Supp.; Proc. 3712, 3 CFR, 1966 Supp.; Proc. 3743, 3 CFR, 1966 Supp.; Proc. 3744, 3 CFR, 1966 Supp.

Provision

Change

Effective

date

1-18-65

1-1-67 1-18-65

12- 7-65

6-30-64 6-30-64 12- 7-65

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Gen. headnote 3.

Headnote revised to provide new paragraph (d) on products of Canada.

(APTA of 1965, P.L. 89-283).

Headnote 3(a)(i) amended. (Sec. 1, P.L. 89-805) Footnote i...

Reference to general headnote 3(d) changed to 3(e). Change required because

of redesignation of headnotes. (APTA of 1966, P.L. 89-283). Gen. headnote 6(b)(i). Certain containers excluded from treatment as imported articles. (TAA of

1965, P.L. 89-241). Subpart A, headnote 1... Item number 160.22 added to headnote. (P.L. 88-337). 160.20-22.

Provisions 160.20-21 deleted; new provisions 160.20-22 added. (P.L. 88-337) 165.40..

Col. 1 rate increased from 9e lo 50€ per gal.; col. 2 rate increased from 70€ to $1

per gal. (TAA of 1965, P.L. 89-241). Part 14 headnote 3... Headnote modified. (P.L. 89-388). Footnotel..

Footnote deleted. (P.L. 89-388). 175.09..

Col. 1 and col. 2 rates decreased from 1.87€ per lb. to free. (P.L. 89-388) 175,10.

Col. I and col. 2 rate decreased from 3.12€ to 1.25€ per lb. (P.L. 89-388) 175.11.

Col. 1 rate decreased from 1.87€ per lb. to free. (P.L. 89-388).. 175.12.

Col. 1 and col. 2 rates decreased from 1.87€ per lb. to free. (P.L. 89-388). 175,27-30.

Provisions 175.27, 175.30, and footnote 2 deleted; new provision 175.28 ad val.

(P.L, 89-388). Subpart B, headnote New footnote 1 added. (P.L. 89-388)..

2(b). 176.04.

Col. 1 rate decreased from 4¢ to 1€ per lb.; col. 2 rate decreased from 54 to 26

(P.L. 89-388). 176.05.

Col. 1 rate decreased from 3¢ per lb. to free. (P.L. 89-388). 176.00.

Col. 1 rate decreased from 4e to le per lb. (P.L. 89-388). Heading 176.07-.13. Superior heading immediately preceding item 176.07 revised. (P.L. 89-388) 176.07.

Col. i rate decreased from 6€ to 3e per lb.: footnote 1 deleted. Col. 2 rate de

creased from 7° to 4e per lb.; footnote 1 deleted. (P.L. 89-388). 176.08.

Col. 1 rate decreased from 3€ per lb. to free; footnote 1 deleted. (P.L. 89-388). 176.09.

Col. 1 rate decreased from 4€ per lb. to l¢ per lb.; footnote 1 deleted. (P.L.

89-388). 176.10.

Col. I rate decreased from 46 to 1é per lb.; footnote 1 deleted. Col. 2 rate de

creased from 5e to 24 per lb.; footnote 1 deleted. (P.L. 89-388). 176.11.

Col. I rate decreased from 4¢ to 1° per lb.; footnotel deleted. Col. 2 rate de

creased from 5¢ to 2é per lb.; footnote 1 deleted. (P.L. 89-388). 176.12.

Col. 1 rate decreased from 3¢ per lb. to free; footnote 1 deleted. (P.L. 89-388) 176.13.

Col. 1 rate decreased from 4é to lé per lb.; footnote 1 deleted. (P.L. 89-388). 176.32.

Col. 1 and col. 2 rates decreased from 3€ per lb. to free; sootnote 1 deleted.
(P.L. 89-388).

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per lb.

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