Title 19—Customs Duties--Volume 1
PART 202—INVESTIGATIONS OF COSTS OF PRODUCTION
§ 202.1   Applicability of part.
This part 202 applies specifically to investigations under section 366 of the Tariff Act (19 U.S.C. 1336). 1 For other applicable rules see part 201 of this chapter.
1 Section 336(a) of the Tariff Act provides in part that “(1) upon request of the President, or (2) upon resolution of either or both Houses of Congress, or (3) upon its own motion, or (4) when in the judgment of the Commission there is good and sufficient reason therefor, upon application of any interested party, [the commission] shall investigate the differences in the costs of production of any domestic article and of any like or similar foreign article”. (19 U.S.C. 1336.) The provisions of section 336 of the Tariff Act may not be applied to any article with respect to the importation of which into the United States a foreign trade agreement has been concluded under the Trade Agreements Act of 1934, as amended, or the Trade Expansion Act. (19 U.S.C. 1352(a)).
§ 202.2   Applications.
(a) Who may file. Applications for an investigation to which this part 202 relates may be filed by any firm, association of firms, or corporation engaged in the production of a domestic article, or by any duly authorized representative of the foregoing.
(b) Requirements for applications. In addition to conforming with the requirements of § 201.8 of this chapter, applications under this part 202 shall include the following:
(1) A clear statement that they are requests for investigations for the purposes of section 336;
(2) The name or description of the article concerning which an investigation is sought;
(3) A reference to the tariff provision or provisions applicable to such article; and
(4) A statement indicating whether an increase or a decrease in the rate of duty is sought.
(c) Supporting information. The applicant must file with his application such supporting information as may be in his possession. As far as practicable, information of the following character should be furnished:
(1) Comparability of the domestic and foreign articles and the degree of competition between them.
(2) Trend in recent years of (i) domestic production, (ii) domestic sales, (iii) imports, (iv) costs of production, and (v) prices.
(3) Evidence of difference between domestic and foreign costs of production of the articles involved.
(4) Areas of greatest competition between the imported and domestic products and the principal market or markets in the United States.
(5) Other relevant factors that constitute, in the opinion of the applicant, an advantage or disadvantage in competition, and any other information which the applicant believes the Commission should consider.
§ 202.3   Preliminary inquiry.
Upon the receipt of an application properly filed, the Commission will make a preliminary inquiry for the purpose of determining whether there is good and sufficient reason for a full investigation. If such determination is in the affirmative, a full investigation will be instituted.
§ 202.4   Public hearing.
A public hearing will be held in connection with each full investigation to which this part 202 relates.
§ 202.5   Type of information to be developed at hearing.
Without excluding other factors, but with a view to assisting parties interested to present information necessary for the formulation of findings required by the statute, the Commission will expect attention in the hearing to be concentrated upon facts relating to:
(a) The degree of competition between the foreign and domestic articles in the markets of the United States.
(b) The degree of likeness or similarity between grades, classes, and price groups of the American product and the imported article.
(c) Costs of production and importation. Statements of average cost of production, domestic and, so far as known, foreign, may be submitted subject to verification and review in the Commission's investigation. Such statements should include not only the direct costs for materials and labor, commonly termed prime cost, but also indirect costs such as indirect labor, overhead factory expenses, fixed charges, the portion of general and administrative expense chargeable to manufacture, imputed interest on investment equity, and transportation to markets. For the foreign product the expenses (other than duties) incident to importation are also important. Any information which may be available bearing on the general levels of domestic and foreign costs of production, the differentials between particular elements of domestic and foreign costs, and the extent to which invoice or wholesale prices are reliable evidence of foreign costs, will be pertinent.
(d) Other significant advantages or disadvantages in competition.
§ 202.6   Reports.
After the completion of its investigation, the Commission will incorporate its findings in a report, and the report will be transmitted to the President.