[Title 31 CFR 9]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 31 - MONEY AND FINANCE: TREASURY]
[Part 9 - EFFECTS OF IMPORTED ARTICLES ON THE NATIONAL SECURITY]
[From the U.S. Government Printing Office]
31MONEY AND FINANCE: TREASURY12002-07-012002-07-01falseEFFECTS OF IMPORTED ARTICLES ON THE NATIONAL SECURITY9PART 9MONEY AND FINANCE: TREASURY
PART 9--EFFECTS OF IMPORTED ARTICLES ON THE NATIONAL SECURITY--Table of Contents
Sec.
9.2 Definitions.
9.3 General.
9.4 Criteria for determining effects of imports on national security.
9.5 Applications for investigation.
9.6 Confidential information.
9.7 Conduct of investigation.
9.8 Emergency action.
9.9 Report.
Authority: Sec. 232, as amended, 76 Stat. 877, 80 Stat. 369 (19
U.S.C. 1862); 5 U.S.C. 301; Reorg. Plan No. 1 of 1973; and E.O. 11725,
June 27, 1973 (38 FR 17175).
Sec. 9.2 Definitions.
As used herein, Secretary means the Secretary of the Treasury and
Assistant Secretary means the Assistant Secretary of the Treasury
(Enforcement, Operations, and Tariff Affairs).
[40 FR 50717, Oct. 31, 1975]
Sec. 9.3 General.
(a) Upon request of the head of any Government department or agency,
upon application of an interested party, or upon his own motion, the
Assistant Secretary shall set in motion an immediate investigation to
determine the effects on the national security of imports of any
article.
(b) The Secretary shall report the findings of his investigation
under paragraph (a) of this section with respect to the effect of the
importation of such article in such quantities or under such
circumstances upon the national security and, based on such findings,
his recommendation for action or inaction to the President within one
year after receiving an application from an interested party or
otherwise beginning an investigation under this section.
[39 FR 10898, Mar. 22, 1974, as amended at 40 FR 50717, Oct. 31, 1975]
Sec. 9.4 Criteria for determining effects of imports on national security.
(a) In determining the effect on the national security of imports of
the article which is the subject of the investigation, the Secretary is
required to take into consideration the following:
[[Page 145]]
(1) Domestic production needed for projected national defense
requirements including restoration and rehabilitation.
(2) The capacity of domestic industries to meet such projected
requirements, including existing and anticipated availabilities of:
(i) Human resources.
(ii) Products.
(iii) Raw materials.
(iv) Production equipment and facilities.
(v) Other supplies and services essential to the national defense.
(3) The requirement of growth of such industries and such supplies
and services including the investment, exploration and development
necessary to assure capacity to meet projected defense requirements.
(4) The effect which the quantities, availabilities, character and
uses of imported goods have or will have on such industries and the
capacity of the United States to meet national security requirements.
(5) The economic welfare of the Nation as it is related to our
national security, including the impact of foreign competition on the
economic welfare of individual domestic industries. In determining
whether such impact may impair the national security, any substantial
unemployment, decrease in revenues of government, loss of skills or
investment, or other serious effects shall be considered.
(b) The Secretary shall also consider other relevant factors in
determining whether the national security is affected by imports of the
article.
[39 FR 10898, Mar. 22, 1974]
Sec. 9.5 Applications for investigation.
(a) Applications shall be in writing. Twenty-five copies shall be
filed by mail with the Assistant Secretary (Enforcement, Operations, and
Tariff Affairs), Department of the Treasury, Washington, DC 20220.
(b) Applications shall describe how the quantities or circumstances
of imports of the particular article affect the national security and
shall contain the following information:
(1) Identification of the person, partnership, association,
corporation, or other entity on whose behalf the application is filed.
(2) A precise description of the article.
(3) Description of the applicant and the domestic industry
concerned, including pertinent information regarding companies and their
plants, locations, capacity and current output of the domestic industry
concerned with the article in question.
(4) Pertinent statistics showing the quantities and values of both
imports and production in the United States.
(5) Nature, sources, and degree of the competition created by
imports of the article in question.
(6) The effect, if any, of imports of the article in question upon
the restoration of domestic production capacity in an emergency.
(7) Employment and special skills involved in the domestic
production of the article.
(8) Extent to which investment and specialized productive capacity
is or will be adversely affected.
(9) Revenues of Federal, State, or local Governments which are or
may be affected by the volume or circumstances of imports of the
article.
(10) Defense or defense supporting uses of the article including
data on defense contracts or sub-contracts, both past and current.
(c) Statistical material presented should be on a calendar-year
basis for sufficient periods of time to indicate trends and afford the
greatest possible assistance to the Assistant Secretary. Monthly or
quarterly data for the latest complete years should be included as well
as any other breakdowns which may be pertinent to show seasonal or
short-term factors.
[39 FR 10898, Mar. 22, 1974, as amended at 40 FR 50717, Oct. 31, 1975]
Sec. 9.6 Confidential information.
Information submitted in confidence which the Assistant Secretary
determines would disclose trade secrets and commercial or financial
information obtained from a person and privileged, within the meaning of
5 U.S.C. 552 and 31 CFR part 1, will be accorded confidential treatment.
All information submitted in confidence must be on
[[Page 146]]
separate pages marked ``Business Confidential.''
[40 FR 50717, Oct. 31, 1975]
Sec. 9.7 Conduct of investigation.
(a) The investigation by the Assistant Secretary or by such official
or agency as he may designate, shall be such as to enable the Secretary
to arrive at a fully informed opinion as to the effect on the national
security of imports of the article in question.
(b) If the Assistant Secretary determines that it is appropriate to
hold public hearings or otherwise afford interested parties an
opportunity to present information and advice relevant to an
investigation, he shall issue a public notice which shall be published
in the Federal Register. Such notice shall include a statement of the
time, place and nature of any public hearing or shall solicit from any
interested party written comments, opinions, or data relative to the
investigation, to be submitted to the Assistant Secretary within the
time period specified in the notice. Rebuttal to material so submitted
may be filed with the Assistant Secretary within such time as is
specified in the public notice. All data, comments and opinions shall be
submitted with 25 copies.
(c) All applications filed and all comments, opinions, and data
submitted pursuant to paragraph (b) of this section, except information
determined to be confidential as provided in Sec. 9.6, will be available
for inspection and copying at the Office of the Assistant Secretary
(Enforcement, Operations, and Tariff Affairs), Department of the
Treasury, in Washington, DC. The Assistant Secretary will maintain a
roster of persons who have submitted materials.
(d) The Assistant Secretary or his designee may also request further
data from other sources through the use of questionnaires,
correspondence, or other means.
(e) The Assistant Secretary or his delegate shall, in the course of
the investigation, seek information or advice from, and consult with,
the Secretary of Defense, the Secretary of Commerce, or their delegates,
and any other appropriate officer of the United States as the Assistant
Secretary shall determine.
(f) In addition, the Assistant Secretary, or his designee, may, when
he deems it appropriate, hold public hearings to elicit further
information. If a hearing is held:
(1) The time and place thereof will be published in the Federal
Register.
(2) It will be conducted by the Assistant Secretary or his designee,
and the full record will be considered by the Secretary in arriving at
his determination.
(3) Interested parties may appear, either in person or by
representation, and produce oral or written evidence relevant and
material to the subject matter of the investigation.
(4) After a witness has testified the Assistant Secretary or his
designee may question the witness. Questions submitted to the Assistant
Secretary or his designee in writing by any interested party may, at the
discretion of the Assistant Secretary or his designee, be posed to the
witness for reply for the purpose of assisting the Assistant Secretary
in obtaining the material facts with respect to the subject matter of
the investigation.
(5) The hearing will be stenographically reported. The Assistant
Secretary will not cause transcripts of the record of the hearing to be
distributed to the interested parties, but a transcript may be inspected
at the Office of the Assistant Secretary (Enforcement, Operations, and
Tariff Affairs), Department of the Treasury, in Washington, DC, or
purchased from the reporter.
[39 FR 10898, Mar. 22, 1974, as amended at 40 FR 50717, Oct. 31, 1975]
Sec. 9.8 Emergency action.
In emergency situations or when in his judgment national security
interests require it, the Secretary may vary or dispense with any of the
procedures set forth above and may formulate his views without following
such procedures.
[39 FR 10898, Mar. 22, 1974]
Sec. 9.9 Report.
A report will be made and published in the Federal Register upon the
disposition of each request, application or motion under Sec. 9.3.
Copies of the report will be available at the Office of the
[[Page 147]]
Assistant Secretary (Enforcement, Operations, and Tariff Affairs),
Department of the Treasury.
[40 FR 50718, Oct. 31, 1975]