[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR206.43]

[Page 85-86]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 206--INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD 
ACTIONS, MARKET DISRUPTION, TRADE DIVERSION, AND REVIEW OF RELIEF 
ACTIONS--Table of Contents
 
       Subpart E--Investigations for Relief From Market Disruption
 
Sec. 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. The name and description of the imported 
article concerned, specifying the United States tariff provision under 
which such article is classified and the current tariff treatment 
thereof, and the name and description of the like or directly 
competitive domestic article concerned;
    (b) Representativeness. (1) The names and addresses of the firms 
represented in the petition and/or the firms employing or previously 
employing the workers represented in the petition and the locations of 
their establishments in which the domestic article is produced; (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 asserting that petitioner is 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. Import data for at least each of the most recent 5 
full years which form the basis of the claim that imports from a 
Communist country of an article like or directly competitive with the 
article produced by the domestic industry concerned are increasing 
rapidly, either absolutely or relative to domestic production;
    (d) Domestic production data. Data on total U.S. production of the 
domestic article for each full year for which data are provided pursuant 
to paragraph (c) of this section;
    (e) Data showing injury. Quantitative data indicating the nature and 
extent of injury to the domestic industry concerned:
    (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. An enumeration and description of the causes 
believed to be resulting in the material injury, or threat thereof, 
described in paragraph (e) of this section; information

[[Page 86]]

relating to the effect of imports of the subject merchandise on prices 
in the United States for like or directly competitive articles; evidence 
of disruptive pricing practices, or other efforts to unfairly manage 
trade patterns; and a statement regarding the extent to which increased 
imports, either actual or relative to domestic production, of the 
imported article are believed to be such a cause, supported by pertinent 
data;
    (g) Relief sought and purpose thereof. A statement describing the 
import relief sought.

[59 FR 5091, Feb. 3, 1994, as amended at 67 FR 8191, Feb. 22, 2002]