PART 175—PETITIONS BY DOMESTIC INTERESTED PARTIES Authority: R.S. 251, as amended, secs. 516, 624, 46 Stat. 735, as amended, 759; 19 U.S.C. 66, 1516, 1624, unless otherwise noted. Section 175.21 also issued under 5 U.S.C. 552. Source: T.D. 70-181, 35 FR 13432, Aug. 22, 1970, unless otherwise noted. § 175.0 Scope. This part sets forth the procedures applicable to requests by domestic interested parties for the classification and rate of duty applicable to designated imported merchandise, and to petitions alleging that the appraised value is too low, that the classification is not correct, or that the proper rate of duty is not being assessed upon designated imported merchandise which is claimed to be similar to the class or kind of merchandise manufactured, produced, or wholesaled by the petitioner. [T.D. 70-181, 35 FR 13432, Aug. 22, 1970, as amended by T.D. 80-271, 45 FR 75642, Nov. 17, 1980] Subpart A—Request for Classification, Appraised Value and Rate of Duty § 175.1 Submission of request. Written requests pursuant to section 516, Tariff Act of 1930, as amended (19 U.S.C. 1516), for information as to the classification, appraised value and rate of duty imposed upon designated imported merchandise shall be submitted in triplicate to the Commissioner of Customs. [T.D. 70-181, 35 FR 13432, Aug. 22, 1970, as amended by T.D. 80-271, 45 FR 75642, Nov. 17, 1980] § 175.2 Contents of request. The request for information shall contain the following information: (a) The name of the person making the request, his principal place of business, and the fact that he is a domestic interested party; (b) A designation of the imported merchandise for which the classification, appraised value and rate is requested; and (c) A showing of the class or kind of merchandise manufactured, produced, or sold by him which is claimed to be similar to the imported merchandise in such detail as will permit the Commissioner to establish the similarity between the domestic and foreign merchandise. [T.D. 70-181, 35 FR 13432, Aug. 22, 1970, as amended by T.D. 80-271, 45 FR 75642, Nov. 17, 1980] § 175.3 Domestic interested party. “Domestic interested party”, when used in this part, means: (a) A manufacturer, producer, or wholesaler in the United States of a like product, (b) A certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a like product, or (c) A trade or business association a majority of whose members manufacture, produce, or wholesale a like product in the United States. [T.D. 80-271, 45 FR 75642, Nov. 17, 1980] Subpart B—Petitions § 175.11 Filing of petitions. (a) Number of copies and where filed. (b) By whom filed. [T.D. 70-181, 35 FR 13432, Aug. 22, 1970, as amended by T.D. 80-271, 45 FR 75642, Nov. 17, 1980] § 175.12 Contents of petition. The petition shall be itemized as to each class or kind of merchandise involved, and shall contain the following: (a) The name of the petitioner, his principal place of business, and the fact that he is a domestic interested party; (b) A statement showing the class or kind of merchandise manufactured, produced, or sold by him which is claimed to be similar to the imported merchandise in such detail as will permit the Commissioner of Customs to establish the similarity between the domestic and foreign merchandise; and (c) A presentation, in detail, of the information required by section 516, Tariff Act of 1930, as amended (19 U.S.C. 1516). [T.D. 70-181, 35 FR 13432, Aug. 22, 1970, as amended by T.D. 80-271, 45 FR 75642, Nov. 17, 1980] Subpart C—Procedure Following Petition § 175.21 Notice of filing of petition, inspection of petition, and inspection of documents and papers. (a) Notice of filing of petition. Federal Register (b) Inspection of petition; inspection of documents and papers. (R.S. 251, as amended, secs. 516, 624, 46 Stat. 735, as amended, 759; 5 U.S.C. 552, 19 U.S.C. 66, 1516, 1624) [T.D. 74-236, 39 FR 33207, Sept. 16, 1974, as amended by T.D. 80-271, 45 FR 75642, Nov. 17, 1980; T.D. 81-168, 46 FR 32574, June 24, 1981; CBP Dec. 15-16, 80 FR 71693, Nov. 17, 2015] § 175.22 Publication of decisions following petition. (a) Incorrect appraised value, classification, or rate of duty. Federal Register (b) Correct appraised value, classification, or rate of duty. § 175.23 Notice of desire to contest decision. If the petitioner is dissatisfied with the decision of the Commissioner that the appraised value, classification, or rate of duty is correct for the merchandise which was the subject of the petition, in accordance with section 516, Tariff Act of 1930, as amended (19 U.S.C. 1516) he may file with the Commissioner of Customs not later than 30 days after the date of the decision a notice that he desires to contest the appraised value of, classification of, or rate of duty assessed upon the imported merchandise. Such notice shall designate the port or ports at which such merchandise is being imported into the United States, and at which the petitioner desires to protest. § 175.24 Publication following notice of desire to contest. Upon receipt of a properly filed petitioner's notice that he desires to contest the decision as to the appraised value of, classification of, or rate of duty assessed upon the imported merchandise, the Commissioner of Customs shall cause to be published in the Federal Register § 175.25 Procedure at port of entry designated by petitioner. (a) Information as to character and description of merchandise. (b) Notice of liquidation. (c) Further notice when issue not presented. [T.D. 70-181, 35 FR 13432, Aug. 22, 1970, as amended by T.D. 99-27, 64 FR 13677, Mar. 22, 1999] Subpart D—Procedure Following Court Decision § 175.31 Publication of notice of court decision. Notice of a decision of the Court of International Trade or of the Court of Appeals for the Federal Circuit which sustains, in whole or in part, a cause of action before the court under the provisions of section 516, Tariff Act of 1930, as amended (19 U.S.C. 1516), shall be published by the Commissioner of Customs in the Federal Register [T.D. 80-271, 45 FR 75642, Nov. 17, 1980, as amended by T.D. 85-90, 50 FR 21430, May 24, 1985]