(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.

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 851 (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).

208.5 208.6

Institution of investigation.

Written statements.

Notification of Commission's determination.

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.

§ 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.

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.

§ 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.