RULES APPLYING SPECIFICALLY TO SECTION 337-UNFAIR PRACTICES IN IMPORT TRADE The following rules are specifically applicable to investigations for the purposes of section 337 of title III, part II, of the Tariff Act of 1930, and apply in addition to the pertinent rules of general application set forth hereinbefore. Complaints Complaint and petition for investigation for the purposes of section 337 may be made by any person, partnership, association, or corporation. Complaints must be made under oath but need not be drawn in any particular form. They must be signed by or on behalf of the complainant and must contain the name, address, and nature of business of the complainant and of the person or persons alleged to violate the law. The location of manufacturing plant or plants should also be stated. Complaints must contain a short and simple statement of the facts constituting the alleged unfair methods of competition or unfair acts. Specific instances of alleged unlawful importations or sales should be given. To the extent possible, complaints must also contain economic data concerning domestic production and distribution, imports and their distribution, and other pertinent facts such as will indicate: (a) That the domestic industry concerned is efficiently and economically operated and that it is being or is likely to be destroyed or substantially injured by the importations or sales in question; (b) that the alleged unlawful acts are preventing the establishment of an efficiently and economically operated domestic industry; or (c) that the alleged unlawful acts are having the effect or tendency to restrain or monopolize trade and commerce in the United States. (NOTE.-See the rule dealing with confidential information, p. 1.) The complaint may be amended or further evidence submitted, in the discretion of the Commission, for good cause shown. Complainants must submit a clear copy of any complaint or amendment thereto for each person alleged to have violated the provisions of section 337, and the Commission may require the supplying of additional copies to be served on persons whose alleged violation of section 337 is called to its attention subsequent to the filing of the complaint. In addition, three copies must be submitted for the official use of the Commission. Preliminary Inquiry The Commission will make such preliminary inquiry as it shall deem necessary to determine (1) whether the institution of an investigation is warranted and (2) whether the issuance of a temporary order of exclusion from entry (if requested) under section 337 (f) is warranted. Answers to Complaints After an investigation shall have been ordered, and not before, a copy of the complaint shall be served by the Commission upon any owner, importer, consignee, or agent of either, alleged to violate the provisions of section 337, and such owner, importer, consignee, or agent of either, shall have 30 days, unless otherwise ordered, in which to make written answer under oath and to show cause, if any there be, why the provisions of section 337 should not be applied in respect of the alleged unfair methods of competition and unfair acts set forth in the complaint. Copies of all answers shall be served by the Commission upon complainants or upon their attorneys. The Commission reserves the right to determine whether to send copies of complaints to respondents in foreign countries. Public Notice of Investigation Public notice of the institution of an investigation and of the date set for a hearing shall be given in the same manner as in investigations for the purposes of section 336. Briefs The Commission will fix a date on or before which briefs may be submitted, which date will be announced at the close of the hearing. Unless otherwise ordered, 20 clear copies typed, mimeographed, multigraphed, or printed shall be filed with the Secretary of the Com mission. Briefs not filed with the Commission on or before the date fixed therefor will not be accepted. Application for extension of time for submitting briefs shall be filed in writing with the Secretary of the Commission at least 10 days before the date set for submitting briefs and shall set forth fully the reasons for such application. Copies of all briefs shall be served by the Commission upon all interested parties who have entered appearances or upon their repre sentatives of record. Record A transcript of the testimony in an investigation, together with the findings and recommendations of the Commission, shall be the official record of the proceedings and findings in the investigation. Confidential material accompanying a complaint or an answer and exhibits presented at a hearing, but accepted by the Commission as confidential and so marked, will not be considered a part of the record sent to the court in the case of an appeal. (See also Confidential Information, p. 1.) Findings Upon the conclusion of an investigation, the Commission shall formulate findings based thereon. When the findings show a violation of the statute, a copy of the findings certified by the Secretary under the seal of the Commission shall be delivered or sent by registered mail promptly to the owner, importer, consignee, or agent of either, found to be guilty of such violation. 29004-38-3 Attention is directed to the provision of section 337 (c) authorizing rehearings by the Commission and appeals by the importer or consignee within 60 days to the United States Court of Customs and Patent Appeals upon a question or questions of law only. If no appeal is filed within the time prescribed and no rehearing granted, or if appeal is filed or rehearing granted and the Commission's findings are ultimately affirmed, the findings are then considered final. Transmittal to the President The final findings of the Commission shall be transmitted with the record to the President for consideration and for action under the statute. Text of Section 337 For the convenience of parties interested, the text of section 337 of title III, part II, of the Tariff Act of 1930 is hereinafter set forth in full on pages 24 and 25. LAWS RELATING TO THE UNITED STATES TARIFF COMMISSION ACT CREATING THE TARIFF COMMISSION SECTIONS 330 TO 341, TITLE III, PART II, SECTION 350, TITLE III, PART III AND SECTION 402 (g), TITLE IV, PART I 11 |