[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: 19CFR206.63]

[Page 90-91]
 
                        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 G--Investigations For Action in Response to Trade Diversion; 
                         Reviews of Action Taken
 
Sec. 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. The name and description of the imported 
product 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 domestic product 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 product is produced;
    (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. A description of the action or 
actions, as defined in section 422(c) of the Trade Act, that allegedly 
has caused or threatens to cause a significant diversion of trade into 
the domestic market of the United States;
    (d) Trade diversion data. (1) The actual or imminent increase in 
United States market share held by such imports from the People's 
Republic of China;
    (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;

[[Page 91]]

    (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. Any import data available to the petitioner that 
will aid the Commission in examining, pursuant to section 422(d)(2) of 
the Trade Act, the changes in imports into the United States from the 
People's Republic of China since the time that the WTO member commenced 
the investigation that led to a request for consultations described in 
section 422(a) of the Act; and
    (f) Relief sought and purpose thereof. A statement describing the 
import relief sought under section 422(h) of the Trade Act and the 
purpose thereof.