Sec. 6.2 6.3 6.4 6.5 6.6 PART 6-IMPORT QUOTAS AND FEES SUBPART--GENERAL PROVISIONS Responsibility for actions under section 22 and section 8 (a). Hearings under section 22. Submission of recommendations under section 22. 6.7 Submission of recommendations under section 8 (a) (emergency treatment). 6.8 6.9 AUTHORITY: §§ 6.2 to 6.9 issued under R. S. 161, sec. 3, 62 Stat. 1248, as amended, sec. 8, 65 Stat. 75; 5 U. S. C. 22, 7 U. S. C. 624, 19 U. S. C. 1365. SOURCE: §§ 6.2 to 6.9 appear at 17 F. R. 8287, Sept. 16, 1952, 19 F. R. 57, Jan. 6, 1954. CROSS REFERENCE: For United States Tariff Commission regulations on investigations of effects of imports on agricultural programs, see 19 CFR, Part 204. § 6.2 Responsibility for actions under section 22 and section 8 (a). The primary responsibility within the Department of Agriculture for action on matters for which the Secretary is responsible under section 22 of the Agricultural Adjustment Act of 1933, as amended, and section 8 (a) of the Trade Agreements Extension Act of 1951 is assigned to the Administrator, Foreign Agricultural Service (referred to in this part as the "Administrator"), but the other offices, agencies, and bureaus of the Department whose activities will be affected by any action under section 22 or section 8 (a) shall be consulted by the Administrator in discharging his responsibility under this part. § 6.3 Requests by interested persons for action by Department of Agriculture (a) Section 22. A request for action under section 22 should be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D. C. Such request shall include a statement of the reasons why action would be warranted under section 22 and shall be supported by appropriate information and data. (b) Section 8 (a). A request for action under section 8 (a) should be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D. C. Such request shall include a statement of the reasons why the commodity is perishable, and why, due to such perishability, a condition exists requiring emergency treatment, and shall be supported by appropriate information and data. A request under section 8 (a) submitted in connection with a proposed section 7 (Trade Agreements Extension Act of 1951) investigation shall not be acted upon until a section 7 application has been properly filed by the person making the request with the Tariff Commission, and a copy of such application and supporting information and data are furnished the Administrator. § 6.4. Investigations-(a) Section 22. The Administrator shall cause an investigation to be made whenever, based upon a request submitted pursuant to § 6.3 or upon other information available to him, he determines that there is reasonable ground to believe that the imposition of import quotas or fees under section 22 may be warranted, or that the termination or modification of import quotas or fees in effect under section 22 may be warranted. (b) Section 8 (a). The Administrator shall cause an immediate investigation to be made whenever (1) a request is received for emergency treatment in connection with an application properly filed with the Tariff Commission under section 7; (2) a request is received for emergency treatment under section 22 if the Administrator determines that there is reasonable ground to believe that the imposition of import quotas or fees under section 22 may be warranted; or (3) the Administrator, upon the basis of other information available to him, has reasonable ground for believing that emergency treatment under section 8 (a) is necessary. The Administrator shall expedite to the fullest practicable extent his attention to requests for emergency treatment under section 8 (a), and such requests shall receive priority over requests for other action under section 22. The investigation shall cover (1) whether the commodity is a perishable agricultural commodity; (2) whether, due to the perishability of the commodity, a condition exists requiring emergency treatment as indicated by such factors as (i) the marketing season for the commodity, (ii) past and prospective domestic production, stocks, requirements, and prices, (iii) past and prospective imports; and (3) such other matters as the Administrator determines are relevant to a determination as to whether emergency treatment for the commodity is necessary. No public hearing shall be held in connection with investigations under this paragraph. § 6.5 Hearings under section 22. The Administrator is authorized to provide for such public hearings as he deems necessary to discharge the responsibility for action under section 22 vested in him by §§ 6.2 and 6.4 (a). In view of the need, however, for prompt action on requests for action under section 22, public hearings shall be held in connection with investigations conducted under § 6.4 (a) only when the Administrator determines that a public hearing is necessary to obtain supplementary information not otherwise available. Any public hearing which is held shall be conducted by representatives designated for the purpose by the Administrator; shall be preceded by such public notice as, in the opinion of the Administrator, will afford interested persons reasonable opportunity to attend and present information; and minutes of the proceedings at such hearing shall be obtained. Hearings shall be informal and technical rules of evidence shall not apply. Such hearings are for the purpose of obtaining information for the assistance of the Secretary. However, in discharging his responsibilities under section 22, the Secretary is not restricted to the information adduced at the hearings. § 6.6 Submission of recommendations under section 22. (a) The Administrator shall make a report to the Secretary upon the completion of each investigation made by him pursuant to § 6.4 (a). The report shall summarize the information disclosed by the investigation; shall contain the recommendations of the Administrator; and, in case action under section 22 is recommended, shall be accompanied by a suggested letter from the Secretary to the President recommending that the Tariff Commission be directed to conduct an investigation Such report shall be submitted to the other offices, agencies, and bureaus of the Department of Agriculture whose activities would be affected, for concurrence or comment. (b) The Secretary will recommend that the President direct the Tariff Commission to conduct an investigation under section 22 only if he has reason to believe, upon the basis of the information available to him, that import quotas or fees should be imposed. § 6.7 Submission of recommendations under section 8 (a) (emergency treatment)(a) Section 22. The Administrator's report submitted pursuant to § 6.6 shall indicate whether or not emergency treatment is necessary. If emergency treatment is recommended, the report shall discuss the condition which requires emergency treatment and be accompanied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the petitioner (if any) advising them of the Secretary's determination. The suggested letter from the Secretary to the President shall include a recommendation as to whether such emergency treatment should take the form of action by the President prior to receiving the recommendations of the Tariff Commission, or whether a decision by the President may appropriately be withheld until the recommendations of the Tariff Commission are received. If emergency treatment requested is not recommended, the report to the Secretary shall be accompanied by suggested letters from the Secretary to the petitioner and the Tariff Commission stating the action taken. (b) Section 7. The Administrator shall make a report to the Secretary upon the completion of each investigation made by him pursuant to § 6.4 (b). The report shall summarize the information disclosed by the investigation, including the points listed in § 6.4 (b) which were considered in reaching the recommendation, and shall contain the recommendations of the Administrator as to whether or not emergency treatment is required. If emergency treatment is recommended, the report shall discuss the condition which requires emergency treatment and shall be accompanied by suggested letters from the Secretary to the President, to the Tariff Commission, and to the petitioner advising them of the Secretary's determination. The suggested letter from the Secretary to the President shall include a recommendation as to whether such emergency treatment should take the form of action by the President prior to receiving the recommendations of the Tariff Commission, or whether a decision by the President may appropriately be withheld until the recommendations of the Tariff Commission are received. If emergency treatment is not recommended, the report to the Secretary shall be accompanied by suggested letters from the Secretary to the petitioner and to the Tariff Commission stating the action taken. Each such report shall be submitted to the other offices, agencies, and bureaus of the Department of Agriculture whose activities would be affected, for concurrence or comment. $6.8 Representation at Tariff Commission hearings. The Department of Agriculture shall be represented at all hearings conducted by the Tariff Commission under section 22 by persons designated by the Administrator, assisted by a representative of the Office of the Solicitor. Such representatives shall present the recommendations of the Department of Agriculture, shall submit such information and data in support thereof as are available, and shall exercise the right of examining other witnesses which is granted to the Secretary. § 6.9 Information. Persons desiring information from the Department of Agriculture regarding section 22 or section 8 (a), or any action with respect thereto, should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington 25, D. C. Mr. HARRISON. The next witness will be Mr. Harry Shooshan, who is the international activities assistant on the technical review staff of the Office of the Secretary of the Department of the Interior. We are grateful for your coming, Mr. Shooshan, and you may proceed in your own way. STATEMENT OF HARRY SHOOSHAN, DEPARTMENT OF THE INTERIOR'S REPRESENTATIVE AS INTERNATIONAL ACTIVITIES ASSISTANT ON THE TECHNICAL REVIEW STAFF Mr. SHOOSHAN. Thank you, sir. My name is Harry Shooshan. I am international activities assistant on the technical review staff, Office of the Secretary, Department of the Interior. I am the Department's representative on the Interdepartmental Trade Agreements Committee and also on the Committee for Reciprocity Information. My purpose in appearing before you today is to describe briefly the participation by the Department of the Interior in the trade agreements program and related commercial policies of the United States. Witnesses representing other executive departments and agencies have testified or will be testifying regarding the procedures under which their departments participate in these programs. I shall endeavor to avoid duplication of the testimony given by those witnesses, in particular, the testimony given by the representative of the Department of State which includes a description of the operation and procedures of the Interdepartmental Trade Agreements Committee. Why does the Department of the Interior participate in the trade agreements program? Our Department is directed to participate in this work by Executive order of the President. Our participation stems from our close association with the problems of the minerals and fuels industries, the fishing industry, and the Territories and island possessions of the United States. Trade in minerals, fuels, fish and fish products, the products of our Territories and island possessions is big trade; it is important; it is complex. What role does the Department of the Interior play? The Department of the Interior is a voting member of the Trade Agreements Committee and is also a member of the Committee for Reciprocity Information. The role of these two organizations in achieving interdepartmental coordination has been described in other testimony. Through membership on these committees, the Department of the Interior is able to bring together the knowledge of our various experts in the fields of their competence and evaluate the various proposals which evolve from the work of the committees. The various bureaus and offices of our Department who work on these problems have intimate knowledge of the industries with whom we deal and which is of material assistance to the interdepartmental considerations which take place on tariff and trade matters. Through such knowledge of our own special fields we try to assist the overall effort. In addition to the trade agreements work, the President, from time to time, calls upon the Secretary of the Interior, among others, to advise him with respect to escape-clause reports of the Tariff Commission. As has been pointed out by other witnesses and, as I believe the subcommittee understands, this work is separate and distinct from the interagency work assigned to the Trade Agreements Committee and the Committee for Reciprocity Information. In those cases where the President requests the views of the Secretary of the Interior with respect to escape-clause reports, the Secretary gives his advice based on internal review within our own Department and not as a result of the considerations of these interagency committees. The procurement of materials and, in particular, the procurement of electrical equipment by our Bureau of Reclamation and Bonneville Power Administration from time to time involves problems of competition between domestic and foreign bidders, involving questions of foreign economic policy. How does the Department of the Interior participate in this foreign trade work? Within the Office of the Secretary there is a staff office of specialists who work collectively as the technical review staff. Among these specialists is one on international activities. This is the position which I occupy. Among other assignments, matters relating to tariffs and trade flow into my office and through me to the appropriate secretarial officers and bureaus which may be involved. There is, thus, a staff officer serving as a focal point at the secretarial level which permits the efficient two-way flow of information needed in order to assist deliberations of the executive branch. On matters that require policy guidance I thus go, in the first instance, if it is a minerals matter, to the Assistant Secretary for Mineral Resources; if it is a fishery matter, I go to the Assistant Secretary for Public Land Management whose administrative responsibilities have, until this last session of the Congress, included responsibility for the Fish and Wildlife Service. As the committee knows, the 84th Congress has created a new Assistant Secretary for Fish and Wildlife, and so, in the future, it would be to that office which I would, in the first instance, go for policy guidance in that field. The responsibilities of the Assistant Secretary for Public Land Management also includes matters relating to the territories and island possessions, so I go to him for policy. guidance in this area. Experts from the bureaus assist in various ways: At times they sit in on subcommittees or working groups of the Trade Agreements Committee. At other times they appear before the Trade Agreements Committee to give advice and assistance directly to that group. At other times they prepare various studies and reports for my use or the use of the Trade Agreements Committee. My role is, perhaps, best described as that of a coordinator or a conduit, in order to make available the policy views and technical knowledge of our Department and to receive and disseminate the views of those outside of our Department. Thus, it is not as an individual that I participate; rather, it is through me that the combined expertness of our Department is made available to the interdepartmental group who sift information and advice from within as well as outside of Government. All of this work within our Department is, of course, subject to the review and direction of the Secretary of the Interior. I have simply tried to describe, in summary fashion, how we work for him in this particular field. The Department attaches importance to its participation in this work. Through such participation we are able to assist the determined efforts of the Government to move soundly in trade and tariff matters, with the fullest measure of confidence in the facts and judgments based thereon. Through participation we strive to derive concessions which are a benefit to the economy as a whole and the areas of our special interest in particular. Through participation we endeavor to remove restrictions in export markets which are of interest and concern to the areas of our assigned responsibility. Mr. Chairman, this completes the brief statement summarizing the general nature of the participation of the Department of the Interior in the administration of the trade-agreements program. I will be glad to respond to questions you may have which fall within the limits of my competence. Mr. HARRISON. Thank you very much, sir. The staff would like to ask you some questions. Mr. E. MARTIN. Mr. Shooshan, do you think the escape-clause legislation as presently worded is appropriate? Mr. SHOOSHAN. Mr. Martin, may I assume that these are the general questions you have been asking? Mr. E. MARTIN. Yes, sir. Mr. SHOOSHAN. Well, I am going to try to answer these as fully as I can. We have gone into the questions, and we have had the advantage of some time which some of the other witnesses have not had, but there is the problem that a lot of thought has gone into the preparation of these questions, but to answer them as fully as might be required, we just have not had time. On the other hand, I am prepared to try to give as meaningful answers as possible today, realizing that I may be understating or overstating some of these answers and the possible danger that involves. Mr. HARRISON. Yes; if you desire to supplement them, we would be very happy to have you do so. Mr. SHOOSHAN. Maybe, Mr. Martin; I would be glad to rely on your advice as to the satisfactory nature of my responses and then if you would rather have them supplemented, I will be prepared to do so. Mr. HARRISON. Certainly. Mr. SHOOSHAN. In response to your question, Mr. Martin, the escapeclause wording as we see it is appropriate in carrying out the purposes as contemplated by it, and our experience with it has been satisfactory. Mr. E. MARTIN. Thank you. You will pardon me if I cut you off. It is not intentional, I assure you. |