Appearances

Any person showing to the satisfaction of the Commission an interest in the subject matter of an investigation may enter an appearance in such investigation, either in person or by representative, at any time before the close of the public hearing relating to the matter involved. Persons participating as witnesses only are not expected to enter appearances.

Requests to enter an appearance shall be filed in writing with the Secretary of the Commission at its office in Washington, D. C., or at any other place where a hearing is held. A written notice of an appearance on behalf of a particular person or persons in a proceeding should be submitted by attorneys or agents desiring to appear for such person or persons.

No register of attorneys or agents who may practice before the Commission is maintained. No application for admission to practice is required. Any person desiring to appear as attorney or agent before the Commission may be required to show to the satisfaction of the Commission his acceptability in that capacity. Any attorney or agent practicing before the Commission, or desiring so to practice, may for good cause shown be suspended or disbarred from practicing before the Commission, but only after he has been accorded an opportunity to be heard in the matter.

No former officer or employee of the Commission who has, as such officer or employee, given personal consideration to an investigation (including preliminary inquiries prior to the institution of an investigation) shall be eligible to appear as attorney or agent before the Commission in such investigation. No former officer or employee of the Commission shall be eligible to appear as attorney or agent before the Commission within 2 years after the termination of such employment unless he has first obtained written consent from the Commission.

Rehearings, Postponements, Continuances, and Extensions of Time

The Commission may in its discretion for good cause shown grant rehearings, postponements, or continuances of hearings, or extend the time for doing any act fixed in or pursuant to these rules. Motions or requests for postponements or extensions of time must be filed at least 10 days in advance of the time previously prescribed. Motions for rehearing must be filed within a reasonable time after the Commission's decision in the particular matter.

Conduct of Public Hearings

Parties interested may appear at public hearings, either in person or by representative, and produce under oath, evidence relevant and material to the matter or matters with which the investigation is concerned.

After offering evidence, witnesses may be questioned under the direction of the Commission by any member of the Commission, or by any agent designated by the Commission, or by any person who has entered an appearance, for the purpose of assisting the Commis

sion in obtaining the material facts with respect to the subject matter of the investigation.

Evidence, oral or written, submitted at hearings, shall upon the order of the Commission be subject to verification from the books, papers, and records of the parties interested and from any other available sources.

All hearings shall be stenographically reported. The Commission does not have available for distribution transcripts of the records of such hearings. Parties interested may see them at the Commission's office in Washington, D. C., or purchase them from the official reporter.

The Commission may continue any hearing or order such rehearing as it may deem necessary for a full presentation of the facts in any investigation.

Witnesses and Subpenas

Unless otherwise ordered by the Commission, witnesses shall be examined orally.

The attendance of witnesses and the production of documentary evidence may be required from any place in the United States at any designated place of hearing.

Any member of the Commission may sign subpenas, and members and agents of the Commission, when authorized by the Commission, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence.

Witness Fees and Mileage

Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking them, except employees of the Commission, shall severally be entitled to the same fees and mileage as are paid for like service in the courts of the United States.

When witnesses are summoned or depositions are taken at the request of a party interested, such party must bear all expenses involved.

Depositions

The Commission may order testimony to be taken by deposition at any stage of an investigation. Depositions may be taken before any person having power to administer oaths and designated by the Commission. Such testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall then be subscribed by the deponent and certified in the usual manner by the person taking the deposition. After the deposition has been so certified it shall, together with a copy thereof made by such person or under his direction, be forwarded under seal to the Secretary of the Commission, Washington, D. C., and shall constitute a part of the record in such investigation. A sufficient number of additional copies of depositions must be furnished so that testimony so produced will be available to parties interested.

Briefs of the evidence given by deposition and arguments thereon may be filed in the same manner as briefs of testimony given at a public hearing.

Any person may be compelled to appear and depose and to produce documentary evidence in the same manner that witnesses may be compelled to appear and testify and produce documentary evidence before the Commission.

(See last paragraph under "Witness Fees and Mileage" for provision regarding expenses.)

Oral Argument

Oral argument may, in the discretion of the Commission, be heard upon the conclusion of the testimony in a hearing. The Commission will determine in each instance the time to be allowed for argument and the allocation thereof to the parties interested.

Commissioners Sitting At Hearings

Hearings may be conducted by one or more Commissioners or by any duly authorized agent or agents of the Commission, and the record shall be presented for the consideration of the Commission.

Service

Except when service by other methods shall be specifically ordered by the Commission, processes of the Commission, service of which is required by law or by the Commission's rules, shall be served by the Secretary of the Commission by registered mail, by registering and mailing a copy thereof addressed to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served. Complaints and findings under section 337 shall be similarly served.

When service cannot be accomplished by registered mail or whenever the Commission shall so direct, processes of the Commission may be served by anyone duly authorized by a Commissioner (a) by delivering a copy of the document to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (b) by leaving a copy thereof at the principal office of such person, partnership, or corporation. The return post office receipt for such processes, registered and mailed as aforesaid, or the verified return by the person serving such processes, setting forth the manner of said service shall be proof of the service of the document.

RULES APPLYING SPECIFICALLY TO SECTION 336—EQUALIZATION OF COSTS OF PRODUCTION

The following rules are specifically applicable to investigations for the purposes of section 336 of title III, part II, of the Tariff Act of 1930, and apply in addition to the pertinent rules of general application set forth herein before.

Applications

Applications for an investigation for the purposes of section 336 may be made by any person, partnership, association, or corporation. Applications for investigation should be typewritten or printed and must be submitted in duplicate but need not be drawn in any particular form and need not be under oath. Applications must be signed by or on behalf of the applicant and should state the name, address, and nature of business of the applicant.

Applications must clearly state that they are requests for investigation and must name or describe the commodity concerning which an investigation is sought. They should also refer to the tariff provision or provisions applicable to such commodity and should state whether an increase or a decrease in the rate of duty is sought. Nature of information to accompany application. The applicant must file with his application all supporting information available to him. The filing of such information is required to aid the Commission and does not render unnecessary the investigation which the law requires the Commission to make. As far as practicable information of the character indicated below should be furnished. 1. Comparability of the domestic and foreign articles and the degree of competition between them.

2. Trend of domestic production and sales and of imports. 3. Trend of cost of production and prices in recent years.

4. Evidence of difference between domestic and foreign costs of production of the articles involved. (When considered with reference to sec. 336, the term "cost of production" includes transportation costs and other costs incident to the delivery of the articles to the principal market or markets of the United States.)

5. Areas of greatest competition between the imported and domestic products and the principal market or markets in the United States.

6. 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.

(NOTE.-See rule dealing with confidential information, p. 1.)

Public Notice of Investigation

Public notice shall be given of every investigation ordered by the Commission, and subsequent notices relating thereto, by posting, for not less than 30 days, a copy of the order, at the principal office of the Commission in Washington, D. C., and at its office in New York City, and by publishing the text thereof in "Treasury Decisions," and by announcement thereof in "Commerce Reports."

Public Hearing

Reasonable public notice will be given of the time and place set for all hearings in the same manner that notice is given of an order instituting an investigation. In addition, notice of public hearing will be published in the "Federal Register." Announcement of hearing will ordinarily be made 30 days in advance of the date set.

Without excluding other factors and with a view to assisting parties interested in preparing for the hearing, the Commission will expect attention to be concentrated upon

Facts which should be considered in appraising the competitive strength in the markets of the United States of the foreign and domestic articles.

Facts bearing upon the degree of likeness or similarity between grades, classes, and price groups of the American product and the imported article.

Facts bearing on costs of production and importation. Statements of average cost of production 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, variable factory expenses, fixed expenses, the portion of general and administrative expense chargeable to manufacture, interest on investment, and transportation to market. For the foreign product the expenses incident to importation will also be of interest. Any information which may be available bearing on the general levels of domestic and foreign costs of production, the differential between specific domestic and foreign costs of production, and the extent to which invoice or wholesale prices are reliable evidence of foreign costs, will be pertinent.

The Commission also seeks information to determine

Principal competing country.

Principal American market or markets.

Representative period of time for cost inquiry.

Other significant advantages or disadvantages in competition. Finally, parties interested appearing at public hearings are expected to present definite and affirmative information rather than generalities and conjectures.

Briefs

Briefs of the evidence produced at the hearing and arguments thereon may be presented to the Commission by parties interested who have entered an appearance. Unless otherwise ordered, 10 clear copies typed, mimeographed, multigraphed, or printed shall be filed with the Secretary of the Commission within 10 days after the close of the hearing.

Briefs not filed with the Commission on or before the date fixed therefor will not be accepted. (See also provisions for briefs under "Depositions.")

Text of Section 336

For the convenience of parties interested, the text of section 336 of title III, part II, of the Tariff Act of 1930, is hereinafter set forth in full on pages 21 to 23.