[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR2006.1]

[Page 444-446]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
 
PART 2006_PROCEDURES FOR FILING PETITIONS FOR ACTION UNDER SECTION 301 OF 
THE TRADE ACT OF 1974, AS AMENDED--Table of Contents
 
Sec. 2006.1  Information to be included in petition.

    (a) General information. Petitions submitted pursuant to section 302 
of the Trade Act shall clearly state on the first page that the petition 
requests that action be taken under section 301 of the Trade Act and 
shall contain allegations and information reasonably available to 
petitioner in support of the request, in the form specified below. 
Petitioners for whom such information is difficult or impossible to 
obtain shall provide as much information as possible, and assistance in 
filing their petition may be obtained through the Chairman of the 
Section 301 Committee. All petitions shall:
    (1) Identify the petitioner and the person, firm or association, if 
any, which petitioner represents and describe briefly the economic 
interest of the petitioner which is directly affected by the failure of 
a foreign government or instrumentality to grant rights of the United 
States under a trade agreement, or which is otherwise directly affected 
economically by an act, policy, or practice which is actionable under 
section 301.
    (2) Describe the rights of the United States being violated or 
denied under the trade agreement which petitioner seeks to enforce or 
the other act, policy or practice which is the subject of the petition, 
and provide a reference to the particular part of section 301 related to 
the assertion in the petition.
    (3) Include, wherever possible, copies of laws or regulations which 
are the subject of the petition. If this is not possible, the laws and 
regulations shall be identified with the greatest possible 
particularity, such as by citation.
    (4) Identify the foreign country or instrumentality with whom the 
United States has an agreement under which petitioner is asserting 
rights claimed to be denied or whose acts, policies or practices are the 
subject of the petition.
    (5) Identify the product, service, intellectual property right, or 
foreign direct investment matter for which the rights of the United 
States under the agreement claimed to be violated or denied are sought, 
or which is subject to the act, policy or practice of the foreign 
government or instrumentality named in paragraph (a)(4) of this section.
    (6) Demonstrate that rights of the United States under a trade 
agreement are not being provided; or show the manner in which the act, 
policy or practice violates or is inconsistent with the provisions of a 
trade agreement or otherwise denies benefits accruing to the United 
States under a trade agreement, or is unjustifiable, unreasonable, or 
discriminatory and burdens or restricts United States commerce.
    (7) Provide information concerning
    (i) The degree to which U.S. commerce is burdened or restricted by 
the denial of rights under a trade agreement or by any other act, 
policy, or practice which is actionable under section 301,
    (ii) The volume of trade in the goods or services involved, and
    (iii) A description of the methodology used to calculate the burden 
or restriction on U.S. commerce.
    (8) State whether petitioner has filed or is filing for other forms 
of relief under the Trade Act or any other provision of law. If the 
foreign government

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practice at issue is the subject of investigation under any other 
provision of law, the USTR may determine not to initiate an 
investigation; or if the same matter is subsequently subject to 
investigation under some other provision of law, USTR may terminate the 
section 302 investigation.
    (b) Additional specific information--(1) Subsidies. If the petition 
includes an assertion that subsidy payments are having an adverse effect 
upon products or services of the United States in United States' markets 
or in other foreign markets, it shall include an analysis supporting any 
claim that the subsidy complained of is inconsistent with any trade 
agreement and describe the manner in which it burdens or restricts 
United States commerce.
    (2) Certain unreasonable practices. If the petition asserts that an 
unreasonable practice defined in section 301(d) (3) denies fair and 
equitable opportunities for the establishment of an enterprise, or 
denies adequate and effective protection of intellectual property 
rights, or denies fair and equitable market opportunities, and burdens 
or restricts U.S. commerce, the petition should include, to the extent 
possible, identification of reciprocal opportunities in the United 
States that may exist for foreign nationals and firms; and
    (i) If the petition asserts that fair and equitable opportunities 
for the establishment of an enterprise in a foreign country are denied, 
the petition shall
    (A) Describe in detail the nature of any foreign direct investment 
proposed by the United States person, including estimates of trade in 
goods and services that could reasonably be expected to result from that 
investment,
    (B) Indicate the manner in which the foreign government is denying 
the United States person a fair and equitable opportunity for the 
establishment of an enterprise,
    (C) State whether action by the foreign government is in violation 
of or inconsistent with the international legal rights of the United 
States, citing the relevant provisions of any international agreements 
to which the United States and the foreign government are party, and
    (D) To the extent possible, provide copies of all relevant foreign 
government statutes, regulations, directives, public policy statements 
and correspondence with the United States person with respect to the 
proposed investment.
    (ii) If the petition asserts that fair and equitable provision of 
adequate and effective protection of intellectual property rights in a 
foreign country is denied, the petition shall
    (A) Identify the intellectual property right for which protection 
has been sought,
    (B) Indicate how persons who are not citizens or nationals of such 
foreign country are denied the opportunity to secure, exercise, and 
enforce rights relating to patents, process patents, registered 
trademarks, copyrights, or mask works, and
    (C) Provide information on the relevant laws of the foreign country 
and an analysis of how the foreign country's law or policies conform to 
provisions of international law or international agreements to which 
both the United States and the foreign country are parties;
    (iii) If the petition asserts that fair and equitable market 
opportunities are denied through the toleration by a foreign government 
of systematic private anticompetitive activities, the petition shall 
specifically
    (A) Identify the private firms in the foreign country whose 
systematic anticompetitive activities have the effect of restricting 
access of United States goods to purchasing by those firms, inconsistent 
with commercial considerations,
    (B) Describe in detail the private activities in question,
    (C) State whether evidence of such activities has been provided (by 
petitioner or others) to the appropriate foreign government authorities, 
and describe the evidence indicating that the foreign government is 
aware of and supports, encourages, or tolerates such activities,
    (D) Describe the duration and pervasiveness of such activities,
    (E) Indicate whether such activities are inconsistent with the laws 
of the

[[Page 446]]

foreign country involved, making specific reference to any laws in 
question, and
    (F) Indicate whether the foreign government's enforcement of (or 
failure to enforce) its relevant laws with respect to the private 
activities at issue is inconsistent with its enforcement practices in 
other situations;
    (iv) If the petition asserts that an act, policy or practice, or 
combination thereof constitutes export targeting, the petition shall
    (A) Identify the specific enterprise, industry, or group thereof 
which has been assisted in becoming more competitive in the export of 
the affected product or products,
    (B) Describe the elements of the foreign government's plan or scheme 
consisting of coordinated actions to assist that enterprise, industry, 
or group, and
    (C) Provide information on how and to what degree exports of the 
affected products by that enterprise, industry, or group have become 
more competitive as a result of the foreign government's plan or scheme; 
and
    (v) If the petition asserts that an act, policy or practice, or 
combination thereof constitutes a persistent pattern of conduct that 
denies workers the right of association or the right to organize and 
bargain collectively, or permits forced or compulsory labor, or fails to 
provide a minimum age for employment of children or standards for 
minimum wages, hours, and occupational safety and health of workers, the 
petition shall
    (A) Describe the rights or standards denied and provide information 
on the laws, policies and practices of the foreign country involved, if 
any, that relate to such rights or standards, and
    (B) Indicate, to the extent such information is available to 
petitioner, whether the foreign country has taken, or is taking, actions 
that demonstrate a significant and tangible overall advancement in 
providing these rights or standards.