[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR206.54]

[Page 89-90]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            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 F--Monitoring; Advice As to Effect of Extension, Reduction, 
              Modification, or Termination of Relief Action
 
Sec.  206.54  Investigations with respect to extension of action.

    (a) Institution of investigations. Upon the request of the 
President, or upon petition on behalf of the industry concerned, the 
Commission will investigate to determine whether an action taken under 
section 203 of the Trade Act continues to be necessary to prevent or 
remedy serious injury and whether there is evidence that the industry is 
making a positive adjustment to import competition.
    (b) Who may file a petition. A petition under this Sec.  206.54 may 
be filed by an entity, including a trade association, firm, certified or 
recognized union, or group of workers, which is representative of the 
industry producing the domestic article concerned in the investigation 
of the Commission which resulted in the imposition by the President of 
the import relief action.
    (c) Time for filing. Any petition filed on behalf of an industry for 
a determination under this Sec.  206.54 must be filed with the 
Commission not earlier than the date which is 9 months, and not later 
than the date which is 6 months, before the date any action taken under 
section 203 of the Trade Act is to terminate.
    (d) Contents of petition. A petition under this Sec.  206.54 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:
    (1) Identification of relief action. An identification of the action 
under section 203, or portion of such action, for which a determination 
under this Sec.  206.54 is sought;
    (2) Representativeness. (i) 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;
    (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. Import data on the foreign article concerned for 
each full year since action was taken under section 203 of the Trade 
Act, starting with the year in which action was taken;
    (4) Domestic production data. Data on total U.S. production of the 
domestic article concerned for each year for which data are provided 
pursuant to paragraph (d)(3) of this section;
    (5) Efforts to adjust. Specific information in support of the claim 
that action under section 203 of the Trade Act continues to be necessary 
to prevent or remedy serious injury and that there is evidence that the 
industry is making a positive adjustment to import competition.
    (e) 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

[[Page 90]]

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 Sec.  206.17. The provisions in 
paragraphs (d) and (e) of Sec.  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.
    (f) Time for reporting. The Commission will make its report to the 
President at the earliest practical time, but not later than 60 days 
before the action under section 203 of the Trade Act is to terminate, 
unless the President specifies a different date.
    (g) Public report. Upon making a report to the President of the 
results of an investigation to which this Sec.  206.54 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.