[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR315.8]

[Page 646-647]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
CHAPTER III--ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 315_TRADE ADJUSTMENT ASSISTANCE FOR FIRMS--Table of Contents
 
                    Subpart B_Certification of Firms
 
Sec.  315.8  Processing petitions for certification.

    (a) Firms shall consult with a TAAC for guidance and assistance in 
the preparation of their petitions for certification.
    (b) A Firm seeking certification shall complete a Petition by a Firm 
for Certification of Eligibility to Apply for Trade Adjustment 
Assistance (Form ED-840P or any successor form) with the following 
information about such Firm:
    (1) Identification and description of the Firm, including legal form 
of organization, economic history, major ownership interests, officers, 
directors, management, parent company, Subsidiaries or Affiliates, and 
production and sales facilities;
    (2) Description of goods and services produced and sold;
    (3) Description of imported Directly Competitive or Like Articles 
with those produced;
    (4) Data on its sales, production and employment for the two most 
recent years;
    (5) One (1) copy of a complete auditor's certified financial report 
for the entire period covering the petition, or if not available, one 
(1) copy of the complete profit and loss statements, balance sheets and 
supporting statements prepared by the Firm's accountants for the entire 
period covered by the petition; publicly-owned corporations should 
submit copies of the most recent Form 10-K annual reports (or Form 10-Q 
quarterly reports, as appropriate) filed with the U.S. Securities and 
Exchange Commission for the entire period covered by the petition;
    (6) Information concerning its major customers and their purchases 
(or its bids, if there are no major customers); and
    (7) Such other information as EDA considers material.
    (c) EDA shall determine whether the petition has been properly 
prepared and can be accepted. Promptly thereafter, EDA shall notify the 
petitioner that the petition has been accepted or advise the TAAC that 
the petition has not been accepted, but may be resubmitted at any time 
without prejudice when the specified deficiencies have been corrected. 
Any resubmission will be treated as a new petition.
    (d) EDA will publish a notice of acceptance of a petition in the 
Federal Register.
    (e) EDA will initiate an investigation to determine whether the 
petitioner meets the requirements set forth in section 251(c) of the 
Trade Act and Sec.  315.7.
    (f) A petitioner may withdraw a petition for certification if EDA 
receives a

[[Page 647]]

request for withdrawal before it makes a certification determination or 
denial. A Firm may submit a new petition at any time thereafter in 
accordance with the requirements of this section and Sec.  315.7.
    (g) Following acceptance of a petition, EDA will:
    (1) Make a determination based on the Record as soon as possible 
after the petitioning Firm or TAAC has submitted all material. In no 
event may the determination period exceed sixty (60) days from the date 
on which EDA accepted the petition; and
    (2) Either certify the petitioner as eligible to apply for 
Adjustment Assistance or deny the petition. In either event, EDA shall 
promptly give written notice of action to the petitioner. Any written 
notice to the petitioner or any parties as specified in Sec.  315.10(d) 
of a denial of a petition shall specify the reason(s) for the denial. A 
petitioner shall not be entitled to resubmit a petition within one (1) 
year from the date of denial, provided, EDA may waive the one-year (1) 
limitation for good cause.