PART 206—INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD ACTIONS, MARKET DISRUPTION, TRADE DIVERSION, AND REVIEW OF RELIEF ACTIONS Authority: 19 U.S.C. 1335, 2112 note, 2251-2254, 2436, 3805 note, 4051-4065, 4101, and 4551-4552. Source: 59 FR 5091, Feb. 3, 1994, unless otherwise noted. § 206.1 Applicability of part. This part applies to proceedings of the Commission under sections 201-202, 204, and 406 of the Trade Act of 1974, as amended (19 U.S.C. 2251-2252, 2254, and 2436), and sections 301-302 of the United States-Mexico-Canada Implementation Act (19 U.S.C. 4551-4552) (hereinafter USMCA Implementation Act), and the statutory provisions listed in § 206.31 that implement bilateral safeguard provisions in other free trade agreements into which the United States has entered. [88 FR 14890, Mar. 10, 2023] Subpart A—General Source: 60 FR 10, Jan. 3, 1995, unless otherwise noted. § 206.2 Identification of type of petition or request. An investigation under this part may be commenced on the basis of a petition, request, resolution, or motion as provided for in the statutory provisions listed in §§ 206.1 and 206.31. Each petition or request, as the case may be, filed by an entity representative of a domestic industry under this part shall state clearly on the first page thereof “This is a [petition or request] under section [citing the statutory provision] and Subpart [B, C, D, E, F, or G] of part 206 of the rules of practice and procedure of the United States International Trade Commission.” The petition or request, along with all exhibits, appendices, and attachments, must be filed in accordance with § 201.8 of this chapter. [90 FR 235, Jan. 3, 2025] § 206.3 Institution of investigations; publication of notice; and availability for public inspection. (a) Institution of investigation and publication of notice. Federal Register. (b) Contents of notice. (c) Availability for public inspection. [60 FR 10, Jan. 3, 1995, as amended at 67 FR 8190, Feb. 22, 2002; 68 FR 32977, June 3, 2003] § 206.4 Notification of other agencies. For each investigation subject to provisions of part 206, the Commission will transmit copies of the petition, request, resolution, or Commission motion as required by the relevant statute, along with a copy of the notice of investigation. [67 FR 8190, Feb. 22, 2002] § 206.5 Public hearing. (a) Investigations under subpart B of this part. Federal Register. (b) Investigations under subpart C, D, E, or G of this part. Federal Register. Federal Register (c) Investigations under subpart F of this part. Federal Register. (d) Opportunity to appear and to cross-question. [60 FR 10, Jan. 3, 1995, as amended at 67 FR 8190, Feb. 22, 2002] § 206.6 Report to the President. (a) In general. (1) The determination made and an explanation of the basis for the determination; (2) If the determination is affirmative or if the Commission is equally divided in its determination, such remedy recommendation or proposal as may be appropriate under the statute and an explanation of the basis for each recommendation or proposal. (3) Any dissenting or separate views by members of the Commission regarding the determination and any recommendations; (b) Additional findings and information. (i) The findings with respect to the results of an examination of the factors other than imports which may be a cause of serious injury or threat thereof to the domestic industry; (ii) A copy of the adjustment plan, if any, submitted by the petitioner; (iii) Commitments submitted and information obtained by the Commission regarding steps that firms and workers in the domestic industry are taking, or plan to take, to facilitate positive adjustment to import competition; (iv) A description of the short- and long-term effects that implementation of the action recommended is likely to have on the petitioning domestic industry, other domestic industries, and consumers; and (v) A description of the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and communities where production facilities of such industry are located, and other domestic industries. (2) In the case of a determination made under section 301(b) of the USMCA Implementation Act, the Commission will include in its report the findings with respect to the results of an examination of the factors other than imports which may be a cause of serious injury or threat thereof to the domestic industry. (3) In the case of a determination made under section 421(b) or 422(b) of the Trade Act, the Commission will also include in its report a description of— (i) The short- and long-term effects that implementation of the action recommended is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers; and (ii) The short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers, and the communities where production facilities of such industry are located, and on other domestic industries. [60 FR 10, Jan. 3, 1995, as amended at 67 FR 8190, Feb. 22, 2002; 77 FR 3925, Jan. 26, 2012; 88 FR 14890, Mar. 10, 2023] § 206.7 Confidential business information; furnishing of nonconfidential summaries thereof. (a) Nonrelease of information. (b) Nonconfidential summaries. [60 FR 10, Jan. 3, 1995, as amended at 67 FR 8190, Feb. 22, 2002] § 206.8 Service, filing, and certification of documents. (a) Certification. (b) Service. (c) Filing. i.e., (d) Briefs. [59 FR 5091, Feb. 3, 1994, as amended at 68 FR 32977, June 3, 2003; 76 FR 61942, Oct. 6, 2011; 90 FR 235, Jan. 3, 2025] Subpart B—Investigations Relating to Global Safeguard Actions Source: 60 FR 12, Jan. 3, 1995, unless otherwise noted. § 206.11 Applicability of subpart. This subpart B applies specifically to investigations under section 202(b) of the Trade Act. For other applicable rules, see subpart A of this part and part 201 of this chapter. § 206.12 Definitions applicable to subpart B of this part. For the purposes of this subpart, the following terms have the meanings hereby assigned to them: (a) Adjustment plan (b) Commitment § 206.13 Who may file a petition. A petition under this subpart B may be filed by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a domestic industry producing an article like or directly competitive with a foreign article that is allegedly being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to such domestic industry. § 206.14 Contents of petition. A petition under this subpart B shall include specific information in support of the claim that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. Such petition shall state whether provisional relief is sought because critical circumstances perishable agricultural product. (a) Product description. (b) Representativeness. (2) The percentage of domestic production of the like or directly competitive domestic article that such represented firms and/or workers account for and the basis for claiming that such firms and/or workers are representative of an industry; and (3) The names and locations of all other producers of the domestic article known to the petitioner; (c) Import data. (d) Domestic production data. (e) Data showing injury. (1) With respect to serious injury, data indicating: (i) A significant idling of production facilities in the industry, including data indicating plant closings or the underutilization of production capacity; (ii) The inability of a significant number of firms to carry out domestic production operations at a reasonable level of profit; and (iii) Significant unemployment or underemployment within the industry; and/or (2) With respect to the threat of serious injury, data relating to: (i) A decline in sales or market share, a higher and growing inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and a downward trend in production, profits, wages, productivity, or employment (or increasing underemployment); (ii) The extent to which firms in the industry are unable to generate adequate capital to finance the modernization of their domestic plants and equipment, or are unable to maintain existing levels of expenditures for research and development; (iii) The extent to which the U.S. market is the focal point for the diversion of exports of the article concerned by reason of restraints on exports of such article to, or on imports of such article into, third country markets; and (3) Changes in the level of prices, production, and productivity. (f) Cause of injury. (g) Relief sought and purpose thereof. (h) Efforts to compete. (i) Imports from USMCA countries. (j) Critical circumstances. [60 FR 12, Jan. 3, 1995, as amended at 88 FR 14890, Mar. 10, 2023] § 206.15 Institution of investigation. (a) In general. Federal Register. (b) Exceptions Reinvestigation within one (1) year. (2) Articles subject to prior action. (3) Articles subject to the Textiles Agreement. Federal Register. (4) Perishable agricultural product. § 206.16 Industry adjustment plan and commitments. (a) Adjustment plan. (b) Commitments. § 206.17 Limited disclosure of certain confidential business information under administrative protective order. (a)(1) Disclosure. e.g., e.g., (2) Application. (3) Authorized applicant. (A) An attorney for an interested party which is a party to the investigation; (B) A consultant or expert under the direction and control of a person under paragraph (a)(3)(i)(A) of this section; (C) A consultant or expert who appears regularly before the Commission and who represents an interested party which is a party to the investigation; or (D) A representative of an interested party which is a party to the investigation, if such interested party is not represented by counsel. (ii) In addition, an authorized applicant must not be involved in competitive decisionmaking for an interested party which is a party to the investigation. Involvement in “competitive decisionmaking” includes past, present, or likely future activities, associations, and relationships with an interested party which is a party to the investigation that involve the prospective authorized applicant's advice or participation in any of such party's decisions made in light of similar or corresponding information about a competitor (pricing, product design, etc.). (iii) For purposes of this § 206.17, the term interested party (A) A foreign manufacturer, producer, or exporter, or the United States importer, of an article which is the subject of an investigation under this section or a trade or business association a majority of the members of which are producers, exporters, or importers of such article; (B) The government of a country in which such article is produced or manufactured; (C) A manufacturer, producer, or wholesaler in the United States of a like or directly competitive article; (D) A certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale of a like or directly competitive article in the United States; (E) A trade or business association a majority of whose members manufacture, produce, or wholesale a like or directly competitive article in the United States; and (F) An association, a majority of whose members is composed of interested parties described in paragraphs (a)(3)(iii) (C), (D), or (E) of this section with respect to a like or directly competitive article. (4) Forms and determinations. (ii) Should the Secretary determine pursuant to this section that materials sought to be protected from public disclosure by a person do not constitute confidential business information or were not required to be served under paragraph (f) of this section, then the Secretary shall, upon request, issue an order on behalf of the Commission requiring the return of all copies of such materials served in accordance with paragraph (f) of this section. (iii) The Secretary shall release confidential business information only to an authorized applicant whose application has been accepted and who presents the application along with adequate personal identification; or a person described in paragraph (b)(1)(iv) of this section who presents a copy of the statement referred to in that paragraph along with adequate personal identification. (b) Administrative protective order. (1) Not divulge any of the confidential business information obtained under the administrative protective order and not otherwise available to the applicant, to any person other than (i) Personnel of the Commission concerned with the investigation, (ii) The person or agency from whom the confidential business information was obtained, (iii) A person whose application for access to confidential business information under the administrative protective order has been granted by the Secretary, and (iv) Other persons, such as paralegals and clerical staff, who are employed or supervised by an authorized applicant; who have a need thereof in connection with the investigation; who are not involved in competitive decisionmaking on behalf of an interested party which is a party to the investigation; and who have signed a statement in a form approved by the Secretary that they agree to be bound by the administrative protective order (the authorized applicant shall be responsible for retention and accuracy of such forms and shall be deemed responsible for such persons' compliance with the administrative protective order); (2) Use such confidential business information solely for the purposes of representing an interested party in the Commission investigation then in progress; (3) Not consult with any person not described in paragraph (b)(1) of this section concerning such confidential business information without first having received the written consent of the Secretary and the party or the attorney of the party from whom such confidential business information was obtained; (4) Whenever materials ( e.g., (5) Serve all materials containing confidential business information as directed by the Secretary and pursuant to paragraph (f) of this section; (6) Transmit all materials containing confidential business information with a cover sheet identifying the materials as containing confidential business information; (7) Comply with the provisions of this section; (8) Make true and accurate representations in the authorized applicant's application and promptly notify the Secretary of any changes that occur after the submission of the application and that affect the representations made in the application ( e.g., (9) Report promptly and confirm in writing to the Secretary any breach of the administrative protective order; and (10) Acknowledge that breach of the administrative protective order may subject the authorized applicant to such sanctions or other actions as the Commission deems appropriate. (c) Final disposition of material released under administrative protective order. (d) Commission responses to a breach of administrative protective order. (1) Disbarment from practice in any capacity before the Commission along with such person's partners, associates, employer, and employees, for up to seven years following publication of a determination that the order has been breached; (2) Referral to the United States Attorney; (3) In the case of an attorney, accountant, or other professional, referral to the ethics panel of the appropriate professional association; (4) Such other administrative sanctions as the Commission determines to be appropriate, including public release of or striking from the record any information or briefs submitted by, or on behalf of, the offender or the party represented by the offender, denial of further access to confidential business information in the current or any future investigations before the Commission, and issuance of a public or private letter of reprimand; and (5) Such other actions, including but not limited to, a warning letter, as the Commission determines to be appropriate. (e) Breach investigation procedure. (i) The date on which the alleged violation occurred or, as determined by the Commission, could have been discovered through the exercise of reasonable and ordinary care; or (ii) The completion of an investigation conducted under this subpart, the Commission may commence an investigation of any breach of an administrative protective order alleged to have occurred at any time during the pendency of the investigation, including all appeals, remands, and subsequent appeals. Whenever the Commission has reason to believe that a person may have breached an administrative protective order issued pursuant to this section, the Secretary shall issue a letter informing such person that the Commission has reason to believe a breach has occurred and that the person has a reasonable opportunity to present his views on whether a breach has occurred. If subsequently the Commission determines that a breach has occurred and that further investigation is warranted, then the Secretary shall issue a letter informing such person of that determination and that the person has a reasonable opportunity to present his views on whether mitigating circumstances exist and on the appropriate sanction to be imposed, but no longer on whether a breach has occurred. Once such person has been afforded a reasonable opportunity to present his views, the Commission shall determine what sanction if any to impose. (2) Where the sanction imposed is a private letter of reprimand, the Secretary shall expunge the sanction from the recipient's record two (2) years from the date of issuance of the sanction, provided that (i) The recipient has not received another unexpunged sanction pursuant to this section at any time prior to the end of the two year period, and (ii) The recipient is not the subject of an investigation for possible breach of administrative protective order under this section at the end of the two year period. Upon the completion of such a pending breach investigation without the issuance of a sanction, the original sanction shall be expunged. The Secretary shall notify a sanction recipient in the event that the sanction is expunged. (f) Service. (2) A party may seek an exemption from the service requirement of paragraph (f)(1) of this section for particular confidential business information by filing a request for exemption from disclosure in accordance with paragraph (g) of this section. The Secretary shall promptly respond to the request. If a request is granted, the Secretary shall accept the information. The party shall file three versions of the submission containing the information in accordance with paragraph (g) of this section, and serve the submission in accordance with the requirements of § 206.8(b) and paragraph (f)(1) of this section, with the specific information as to which exemption from disclosure under administrative protective order has been granted redacted from the copies served. If a request is denied, the copy of the information lodged with the Secretary shall promptly be returned to the requester. (3) The Secretary shall not accept for filing into the record of an investigation submissions filed without a proper certificate of service. Failure to comply with paragraph (f) of this section may result in denial of party status and such sanctions as the Commission deems appropriate. Confidential business information in submissions must be clearly marked as such when submitted, and must be segregated from other material being submitted. (g) Exemption from disclosure In general. e.g., (2) Request for exemption. (3) Procedure if request is approved. (4) Procedure if request is denied. [60 FR 12, Jan. 3, 1995, as amended at 68 FR 32977, June 3, 2003; 70 FR 8511, Feb. 22, 2005; 76 FR 61942, Oct. 6, 2011] § 206.18 Time for determinations, reporting. (a) In general. (1) If the Commission determines before the 100th day that the investigation is extraordinarily complicated, the Commission will make its determination within 150 days; or (2) If critical circumstances are alleged, the Commission will make its determination within 120 days after completion of its investigation with respect to critical circumstances. The Commission will make its report to the President at the earliest practicable time, but not later than 180 days (240 days if critical circumstances are alleged) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be. (b) Perishable agricultural product. (c) Critical circumstances. § 206.19 Public report. Upon making a report to the President of the results of an investigation to which this subpart B relates, the Commission will make such report public (with the exception of information which the Commission determines to be confidential) and cause a summary thereof to be published in the Federal Register. Subpart C—Investigations Relating to a Surge in Imports From a USMCA Country § 206.21 Applicability of subpart. This subpart applies specifically to investigations under section 302 of the USMCA Implementation Act (19 U.S.C. 4552). For other applicable rules, see subpart A of this part and part 201 of this chapter. [88 FR 14890, Mar. 10, 2023] § 206.22 Definition applicable to subpart C. For the purposes of this subpart, the term surge § 206.23 Who may file a request. If the President, under section 302(b) of the USMCA Implementation Act (19 U.S.C. 4552(b)), has excluded imports from a USMCA country or countries from an action under chapter 1 of title II of the Trade Act of 1974, any entity that is representative of an industry for which such action is being taken may request the Commission to conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. [88 FR 14890, Mar. 10, 2023] § 206.24 Contents of request. The request for an investigation shall include the following information: (a) The identity of the entity submitting the request; a description of the relief action the effectiveness of which is allegedly being undermined; and a description of the imported article, identifying the United States tariff provision under which it is classified, and the name of the country or countries from which the surge in imports is alleged to be coming; (b) The information required in § 206.14(b) of this subpart concerning representativeness of the entity filing the request; (c) Data concerning imports from the USMCA country or countries that form the basis of requestor's claim that a surge in imports has occurred; (d) Information supporting the claim that such surge in imports undermines the effectiveness of the relief action. [59 FR 5091, Feb. 3, 1994, as amended at 88 FR 14890, Mar. 10, 2023] § 206.25 Time for reporting. The Commission will submit the findings of its investigation to the President no later than 30 days after the request is received. § 206.26 Public report. Upon making a report to the President of the results of an investigation to which this subpart C relates, the Commission will make such report public (with the exception of any confidential business information) and cause a summary thereof to be published in the Federal Register. Subpart D—Investigations Relating to Bilateral Safeguard Actions § 206.31 Applicability of subpart. This subpart applies specifically to investigations under section 311(b) of the United States-Australia Free Trade Agreement Implementation Act (19 U.S.C. 3805 note), section 311(b) of the United States-Bahrain Free Trade Agreement Implementation Act (19 U.S.C. 3805 note), section 311(b) of the United States-Colombia Trade Promotion Agreement Implementation Act (19 U.S.C. 3805 note), section 211(b) of the United States-Jordan Free Trade Area Implementation Act (19 U.S.C. 2112 note), section 311(b) of the United States-Korea Free Trade Agreement Implementation Act (19 U.S.C. 3805 note), section 311(b) of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note), section 311(b) of the United States-Oman Free Trade Agreement Implementation Act (19 U.S.C. 3805 note), section 311(b) of the United States-Panama Trade Promotion Agreement Implementation Act (19 U.S.C. 3805 note), and section 311(b) of the United States-Singapore Free Trade Agreement Implementation Act (19 U.S.C. 3805 note). For other applicable rules, see subpart A of this part and part 201 of this chapter. [88 FR 14890, Mar. 10, 2023] § 206.32 Definitions applicable to subpart D. For the purposes of this subpart, the following terms have the meanings hereby assigned to them: (a) The term substantial cause (b) The terms domestic industry, serious injury, threat of serious injury (c) Critical circumstances (d) Perishable agricultural product (e) Korean motor vehicle article [77 FR 3926, Jan. 26, 2012, as amended at 77 FR 37805, June 25, 2012] § 206.33 Who may file a petition. (a) In general. (b) List of free trade agreements. (c) Critical circumstances. (d) Perishable agricultural product. (e) Korean motor vehicle article. [77 FR 3926, Jan. 26, 2012, as amended at 88 FR 14890, Mar. 10, 2023] § 206.34 Contents of petition. A petition under this subpart shall include specific information in support of the claim that, as a result of the reduction or elimination of a duty provided for under a free trade agreement listed in § 206.33(b), an article is being imported into the United States in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that imports of the article constitute a substantial cause of serious injury, or threat thereof, to the domestic industry producing an article that is like or directly competitive with the imported article. If provisional relief is requested in a petition concerning an article from Australia, Jordan, Korea, Morocco, or Singapore, the petition shall state whether provisional relief is sought because critical circumstances exist or because the imported article is a perishable agricultural product. In addition, a petition filed under this subpart shall include the following information, to the extent that such information is publicly available from governmental or other sources, or best estimates and the basis therefor if such information is not available: (a) Product description. (b) Representativeness. (2) The percentage of domestic production of the like or directly competitive domestic article that such represented firms and/or workers account for and the basis for claiming that such firms and/or workers are representative of an industry; and (3) The names and locations of all other producers of the domestic article known to the petitioner; (c) Import data. (d) Domestic production data. (e) Data showing injury. (1) With respect to serious injury, data indicating: (i) A significant idling of production facilities in the industry, including data indicating plant closings or the underutilization of production capacity; (ii) The inability of a significant number of firms to carry out domestic production operations at a reasonable level of profit; and (iii) Significant unemployment or underemployment within the industry; and/or (2) With respect to the threat of serious injury, data relating to: (i) A decline in sales or market share, a higher and growing inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and a downward trend in production, profits, wages, productivity, or employment (or increasing underemployment); (ii) The extent to which firms in the industry are unable to generate adequate capital to finance the modernization of their domestic plants and equipment, or are unable to maintain existing levels of expenditures for research and development; (iii) The extent to which the U.S. market is the focal point for the diversion of exports of the article concerned by reason of restraints on exports of such article to, or on imports of such article into, third country markets; and (3) Changes in the level of prices, production, and productivity. (f) Cause of injury. (g) Relief sought and purpose thereof. (h) Efforts to compete. (i) Critical circumstances. [77 FR 3926, Jan. 26, 2012, as amended at 88 FR 14890, Mar. 10, 2023] § 206.35 Time for determinations, reporting. (a) In general. (b) Perishable agricultural product. (c) Critical circumstances. [77 FR 3927, Jan. 26, 2012] § 206.36 Public report. Upon making a report to the President of the results of an investigation to which this subpart D relates, the Commission will make such report public (with the exception of information which the Commission determines to be confidential) and cause a summary thereof to be published in the Federal Register. § 206.37 Limited disclosure of certain confidential business information under administrative protective order. Except in the case of an investigation under the United States-Jordan Free Trade Area Implementation Act, the Secretary shall make available to authorized applicants, in accordance with the provisions of § 206.17, confidential business information obtained in an investigation under this subpart. [88 FR 14891, Mar. 10, 2023] Subpart E—Investigations for Relief From Market Disruption § 206.41 Applicability of subpart. This subpart E applies specifically to investigations under section 406(a) or 421(b) or (o) of the Trade Act. For other applicable rules, see subpart A of this part and part 201 of this chapter. [59 FR 5091, Feb. 3, 1994, as amended at 67 FR 8190, Feb. 22, 2002] § 206.42 Who may file a petition. (a) A petition under section 406(a) of the Trade Act may be filed by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a domestic industry producing an article with respect to which there are imports of a like or directly competitive article which is the product of a Communist country, which imports, allegedly, are increasing rapidly, either absolutely or relative to domestic production, so as to be a significant cause of material injury, or the threat thereof, to such domestic industry. (b) A petition under section 421(b) or (o) of the Trade Act may be filed by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry. [67 FR 8191, Feb. 22, 2002] § 206.43 Contents of a petition under section 406(a) of the Trade Act. A petition for relief under section 406(a) of the Trade Act shall include specific information in support of the claim that imports of an article that are the product of a Communist country which are like or directly competitive with an article produced by a domestic industry, are increasing rapidly, either absolutely or relative to domestic production, so as to be a significant cause of material injury, or the threat thereof, to such domestic industry. In addition, such petition shall, to the extent practicable, include the following information: (a) Product description. (b) Representativeness. (c) Import data. (d) Domestic production data. (e) Data showing injury. (1) With respect to material injury, data indicating: (i) An idling of production facilities in the industry, including data indicating plant closings or the underutilization of production capacity; (ii) The inability of a number of firms to carry out domestic production operations at a reasonable level of profit; and (iii) Unemployment or underemployment within the industry; and/or (2) With respect to the threat of material injury, data relating to: (i) A decline in sales or market share, a higher and growing inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and a downward trend in production, profits, wages, or employment (or increasing underemployment); (ii) The extent to which firms in the industry are unable to generate adequate capital to finance the modernization of their domestic plants and equipment, or are unable to maintain existing levels of expenditures for research and development; and (iii) The extent to which the U.S. market is the focal point for the diversion of exports of the article concerned by reason of restraints on exports of such article to, or on imports of such article into, third country markets; (f) Cause of injury. (g) Relief sought and purpose thereof. [59 FR 5091, Feb. 3, 1994, as amended at 67 FR 8191, Feb. 22, 2002] § 206.44 Contents of a petition under section 421(b) or (o) of the Trade Act. (a) Petitions under section 421(b). (2) If the petition fails to provide any item of information specified in paragraphs (b) through (j) of this section, the petition shall include a certification that such information was not reasonably available to the petitioner. (b) Product description. (c) Representativeness. (1) The names and street addresses of the firms represented in the petition and/or the firms employing or previously employing the workers represented in the petition, the locations of the establishments in which each such firm produces the domestic product, and the telephone number and contact person(s) for each such firm; (2) The percentage of domestic production of the like or directly competitive domestic product that such represented firms and/or workers account for and the basis for asserting that petitioner is representative of an industry; and (3) The names and street addresses of all other producers of the domestic product known to the petitioner, and the telephone number and contact person(s) for each such producer. (d) Import data. (e) Domestic production data. (f) Data showing injury and/or threat of injury. (1) With respect to material injury, information, including data on production, capacity, capacity utilization, shipments, net sales, profits, employment, productivity, inventories, and expenditures on capital and research and development, indicating: (i) An idling of production facilities in the industry, including data indicating plant closings or the underutilization of production capacity; (ii) The inability of a number of firms to carry out domestic production operations at a reasonable level of profit; and (iii) Unemployment or underemployment within the industry; and/or (2) With respect to the threat of material injury, data relating to: (i) Declines in sales or market share, increases in inventory (whether maintained by domestic producers, importers, wholesalers, retailers, or producers or exporters in the People's Republic of China), and/or a downward trend in production, profits, wages, or employment (or increasing underemployment); (ii) The extent to which firms in the industry are unable to generate adequate capital to finance the modernization of their domestic plants and equipment, or are unable to maintain existing levels of expenditures for research and development; (iii) The extent to which the U.S. market is the focal point for the diversion of exports of the article concerned by reason of restraints on exports of such article to, or on imports of such article into, third country markets; and (iv) Data regarding productive capacity in the People's Republic of China, any unused productive capacity, and any potential for product shifting in the People's Republic of China. (g) Cause of injury. (h) Critical circumstances. (i) Relief sought and purpose thereof. (j) Additional information. (1) The names of all U.S. importers and all producers in China of the subject merchandise known to petitioner, and the street address, telephone and fax number, and primary contact person(s) for each such importer and producer in China; (2) A detailed description of each product for which the petitioner requests the Commission to seek pricing information in its questionnaires, and an explanation of why the petitioner believes the Commission should collect pricing information for each such product; (3) For each domestic producer represented by petitioner, the company names of its 10 largest purchasers, and the street address, telephone number, and primary contact person(s) for each such purchaser; (4) For each allegation of lost sales and/or lost revenues, supporting information with regard to each such alleged loss, including the name of the company represented by petitioner that lost the sale or revenue, the name of the company that captured the sale or whose competition resulted in lost revenue (including company street address, company contact person, and telephone and fax numbers for each contact person), the date and total value of the lost sale or lost revenue, and the total quantity of product involved (by weight or number of units). (k) Petitions under section 421(o). [67 FR 8191, Feb. 22, 2002, as amended at 68 FR 65167, Nov. 19, 2003] § 206.44a Special rules for conducting investigations under section 421(b) of the Trade Act. (a) Service of the petition. (ii) Upon establishment and issuance of the service list, the petitioner shall serve the lead authorized applicants enumerated on the list established by the Secretary pursuant to § 206.17(a)(4) that have not been served pursuant to paragraph (a)(1)(i) of this section within 2 calendar days of the establishment and issuance of the Secretary's list. (2) As the Secretary adds new authorized applicants to the service list described in paragraph (a)(1) of this section, the Secretary shall notify the petitioner and issue an amended list, and the petitioner shall serve new lead authorized applicants with a copy of the petition in the same manner as under paragraph (a)(1)(i) of this section. (3) The petitioner shall serve a copy of the non-confidential version of the petition on those persons enumerated on the list established by the Secretary pursuant to § 201.11(d) of this chapter within 2 calendar days of the establishment and issuance of the Secretary's list, and on any additional persons within 2 calendar days of receiving notification from the Secretary of an amended list. (4) The petitioner shall attest service of the petition by filing a certificate of service with the Commission. (b) Comment on information. 1/2 [68 FR 65168, Nov. 19, 2003] § 206.45 Time for reporting. (a) In an investigation under section 406(a) of the Trade Act, the Commission will make its report to the President at the earliest practical time, but not later than 3 months after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be. (b) In an investigation under section 421(b) of the Trade Act, the Commission will transmit to the President and the United States Trade Representative its determination at the earliest practicable time, but in no case later than 60 days (or 90 days in the case of a petition requesting provisional relief under section 421(i) of the Act) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted. The Commission will transmit its report to the President and the Trade Representative no later than 20 days after the transmittal of the determination. (c) In an investigation under section 421(b) of the Trade Act in which the petition requests provisional relief under section 421(i) of the Act, the Commission will transmit to the President and the Trade Representative its determination and report with respect to section 421(i) of the Act no later than 45 days after the petition is filed. (d) In an investigation under section 421(o) of the Trade Act, the Commission shall transmit to the President a report on its investigation and determination not later than 60 days before the action under section 421(m) of the Trade Act is to terminate. (e) Date of filing. [67 FR 8192, Feb. 22, 2002, as amended at 70 FR 8511, Feb. 22, 2005] § 206.46 Public report. Upon making a report to the President of the results of an investigation to which this subpart E relates, the Commission will make such report public (with the exception of information which the Commission determines to be confidential) and cause a summary thereof to be published in the Federal Register. [59 FR 5091, Feb. 3, 1994. Redesignated at 67 FR 8191, Feb. 22, 2002] § 206.47 Limited disclosure of certain confidential business information under administrative protective order. In an investigation under section 421(b) or (o) of the Trade Act, the Secretary shall make confidential business information available to authorized applicants, subject to the provisions of § 206.17. [67 FR 8192, Feb. 22, 2002] Subpart F—Monitoring; Advice As to Effect of Extension, Reduction, Modification, or Termination of Relief Action Source: 60 FR 10, Jan. 3, 1995, unless otherwise noted. § 206.51 Applicability of subpart. This subpart F applies specifically to investigations under section 204 of the Trade Act. For other applicable rules, see subpart A of this part and part 201 of this chapter. § 206.52 Monitoring. (a) In general. (b) Reports. (c) Limited disclosure of certain confidential business information under administrative protective order. Upon receipt of a timely application filed by an authorized applicant, the Secretary shall make available to an authorized applicant under administrative protective order all confidential business information contained in Commission memoranda and reports and in written submissions filed with the Commission at any time during an investigation under this section with respect to an article that was the subject of an affirmative Commission determination under section 202 of the Trade Act (except privileged information, classified information, and specific information of a type which there is a clear and compelling need to withhold from disclosure). Such disclosure shall be made in the manner provided for and in accordance with the procedures set forth in § 206.17. The provisions in paragraphs (d) and (e) of § 206.17 relating to Commission responses to a breach of an administrative protective order and breach procedure shall apply with respect to orders issued under this paragraph. [60 FR 10, Jan. 3, 1995, as amended at 66 FR 32218, June 14, 2001] § 206.53 Investigations to advise the President as to the probable economic effect of reduction, modification, or termination of action. Upon the request of the President, the Commission will conduct an investigation for the purpose of gathering information in order that it might advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under section 203 of the Trade Act which is under consideration. § 206.54 Investigations with respect to extension of action. (a) Institution of investigations. (b) Who may file a petition. (c) Time for filing. (d) Contents of petition. (1) Identification of relief action. (2) Representativeness. (ii) The percentage of domestic production of the like or directly competitive domestic article that such represented firms and/or workers account for and the basis for claiming that such firms and/or workers are representative of an industry; and (iii) The names and locations of all other producers of the domestic article known to the petitioner; (3) Import data. (4) Domestic production data. (5) Efforts to adjust. (e) Limited disclosure of certain confidential business information under administrative protective order. (f) Time for reporting. (g) Public report. Federal Register. § 206.55 Investigations to evaluate the effectiveness of relief. (a) Investigation. (b) Hearing. (c) Time for reporting. Subpart G—Investigations For Action in Response to Trade Diversion; Reviews of Action Taken Source: 67 FR 8192, Feb. 22, 2002, unless otherwise noted. § 206.61 Applicability of subpart. The provisions of this subpart G apply to investigations under section 422(b) and/or reviews under section 422(j) of the Trade Act. For other applicable rules, see subpart A of this part and part 201 of this chapter. § 206.62 Who may file a petition. A petition for an investigation under section 422(b) of the Trade Act may be filed by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry. § 206.63 Contents of petition. A petition under section 422(b) of the Trade Act shall include specific information in support of the claim that an action described in section 422(c) of the Trade Act has caused, or threatens to cause, a significant diversion of trade into the domestic market of the United States. To comply with that requirement and the requirements in paragraphs (a) through (f) of this section, the petition shall include all relevant information that is reasonably available to the petitioner with due diligence. The petition shall include the following information: (a) Product description. (b) Representativeness. (2) The percentage of domestic production of the domestic product that such represented firms and/or workers account for and the basis for asserting that petitioner is representative of an industry; and (3) The names and locations of all other producers of the domestic product known to the petitioner; (c) Description of the action. (d) Trade diversion data. (2) The actual or imminent increase in volume of such imports into the United States; (3) The nature and extent of the action taken or proposed by the WTO member concerned; (4) The extent of exports from the People's Republic of China to that WTO member and to the United States; (5) The actual or imminent changes in exports to that WTO member due to the action taken or proposed; (6) The actual or imminent diversion of exports from the People's Republic of China to countries other than the United States; (7) Cyclical or seasonal trends in import volumes into the United States of the products at issue; and (8) Conditions of demand and supply in the United States market for the products at issue; (e) Import data. (f) Relief sought and purpose thereof. § 206.64 Institution of investigation or review; publication of notice; and availability for public inspection. (a) Paragraphs (a) and (b) in § 206.3 govern the institution of an investigation under section 422(b) of the Act and the publication of a Federal Register Federal Register. (b) The Commission will make available for public inspection the notification document that prompted a review under paragraph (a) of this section, excluding any confidential business information in the document. Paragraph (c) in § 206.3 governs the availability for public inspection of a petition, request, resolution, or motion that prompted the Commission to institute an investigation under section 422(b) of the Act. § 206.65 Public hearing. Public hearings in investigations under section 422(b) of the Act are provided for in § 206.5(b). § 206.66 Limited disclosure of certain confidential business information under administrative protective order. In an investigation under section 422(b) of the Trade Act, the Secretary shall make confidential business information available to authorized applicants, subject to the provisions of § 206.17. § 206.67 Time for determination and report. (a) In an investigation under section 422(b) of the Trade Act, the Commission will transmit its determination under that section of the Act to the President and the Trade Representative at the earliest practical time, but not later than 45 days after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be. The Commission shall issue and transmit its report on the determination not later than 10 days after the determination is issued. (b) In a review under section 422(j) of the Trade Act, the Commission will report its determination to the President not later than 60 days after the notification described in that section of the Act. § 206.68 Public report. Upon making a report to the President of the results of an investigation under section 422(b) or a review under section 422(j) of the Trade Act, the Commission will make such report public (with the exception of information which the Commission determines to be confidential) and cause a summary thereof to be published in the Federal Register.