[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: 19CFR213.3]

[Page 185-186]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 213--TRADE REMEDY ASSISTANCE--Table of Contents
 
Sec.  213.3  Determination of small business eligibility.

    (a) Application for technical assistance from small businesses. An 
applicant for technical assistance must certify that it qualifies as a 
small business under the appropriate size standard(s) and that it is an 
independently owned and operated company. An application for technical 
assistance is available from the Office. The application must be signed 
under oath by an officer or principal of the applicant. The completed 
application should be submitted to the Office at the address set forth 
in Sec.  213.2(a).
    (b) Application for technical assistance from joint applicants, 
trade associations and unions. If several businesses jointly or 
simultaneously from the same industry apply for technical assistance, 
each business must meet the appropriate SBA size standard(s) and so 
certify. If a trade association applies for technical assistance, an 
officer of the trade association must certify that eighty (80) percent 
of the trade association's members are companies that meet the 
appropriate size standard(s) and provide a listing of members of the 
association. If a union applies for technical assistance, an officer of 
the union must certify that the union has less than ten thousand 
(10,000) members within the industry for which trade relief is being 
sought. Applications for trade associations or for unions to request 
technical assistance are available from the Office. Applications must be 
signed under oath by an officer of the association or union and 
completed applications should be submitted to the Office as set forth in 
Sec.  213.2(a).
    (c) Determination of eligibility and notification of determination. 
The Office shall determine whether the applicant is eligible for 
technical assistance and notify the applicant of the determination 
within ten (10) days of receipt of a properly completed application. 
Pursuant to 19 U.S.C. 1339(c)(1), the Office's determination of 
eligibility is not reviewable by any other agency or by any court.
    (d) Notification to administering agencies. When an applicant seeks 
technical assistance on matters involving the trade laws, and the Office 
determines that the applicant is eligible for technical assistance, the 
Office shall:
    (1) Promptly notify the appropriate administering agency or agencies 
of the Office's determination that the applicant is eligible to receive 
technical assistance; and
    (2) Consult with the administering agency or agencies as to the 
provision

[[Page 186]]

of technical assistance to that applicant.