[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR2006.1]



[Page 464-466]

 

                  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 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



[[Page 465]]



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 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



[[Page 466]]



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.