Imágenes de páginas
PDF
EPUB

LA

giams, Business and , which the article

(1) 0.9 Disclosure. Administration, Deparácations.

quote adjustment assistance shall be exmerce, Washington, D.C. 20* application instrled under section 313, 314, or 317 of application forms referred tomber of foreię Act to any firm unless the owners, Part 610 may be obtained from the Office

site

Varners, or officers certify to the of Business Programs or from the De

Directorpartment of Commerce Field Offices.

(a) The names of any attorneys, [35 F.R. 9923, June 17, 1970)

agents, and other persons engaged by or $ 610.4 Inspection of records.

on behalf of the firm for the purpose of All documents and communications

expediting applications for such adjust

ment assistance, and filed with the Director, except as set forth in § 610.5, may be inspected by per

(b) The fees paid or to be paid to any sons concerned on request

such person.

to the Director.

$ 610.10 Penalties. $ 610.5 Records not available for exam- Whoever makes a false statement of ination.

à material fact knowing it to be false, (a) Documents transmitted in confi- or knowingly fails to disclose a material dence by the Tariff Commission or other fact, or whoever willfully overvalues any Government agency the release of which security, for the purpose of influencing has not been authorized by the Commis- in any way the action of the Secretary sion or such other Government agen- under title III, chapter 2, of the Act, or cy shall not be available to the public. for the purpose of obtaining money,

(b) Confidential business data, within property, or anything of value under the meaning of 18 U.S.C. 1905, shall not that chapter, shall be fined not more be available to the public. Information than $5,000 or imprisoned for not more submitted in confidence shall be on sepa- than two years, or both. (Section 319 rate sheets clearly marked "Business of the Act.) Confidential”. The firm or its author

Subpart B-Certification of Eligibility ized representative will be notified and permitted to withdraw information

To Apply for Adjustment Assistance determined by the Director not to be en- $ 610.20 Certification under section 302 titled to confidential treatment.

(h)(1) of the Act, following Tariff $ 610.6 Denial of certification.

Commission report of affirmative

finding of injury to an industry. A denial of application for certifica

(a) General. Under section 302(b) (1) tion of eligibility to apply for adjust

of the Act, the Assistant Secretary shall ment assistance will include an explana

certify, as eligible to apply for adjusttory statement therefor.

ment assistance, any firm in an industry § 610.7 Records.

with respect to which the President has Each recipient of adjustment assist

acted under section 302(a) (2) of the Act,

upon a showing by such firm to the satance under section 313, 314, or 317 of the

isfaction of the Assistant Secretary that Act shall make and preserve for at least 3 years records which fully disclose the

the increased imports (which the Tariff amount and disposition by such recipient

Commission has determined to result of the proceeds, if any, of such adjust

from concessions granted under trade

agreements) have caused serious injury ment assistance, and which will facilitate

or threat thereof to such firm. an effective audit. The recipient shall

(b) who may apply. Any firm in an also keep such other records as the Di

industry with respect to which the Presirector may prescribe.

dent has acted under section 302(a) (2) $ 610.8 Audit and inspection.

of the Act may apply for certification of

eligibility under this $ 610.20. The Director and the Comptroller

(C) When application may be made. General of the United States shall have

Application may be made within such access for the purpose of audit and ex- time as may be specified by the Presiamination to any books, documents. dent in acting under section 302(a) (2) of papers, and records of the recipient per- the Act or, if no time is specified, within taining to adjustment assistance under 1 year from the date on which the Presisections 313, 314, and 317 of the Act. dent so acted.

[ocr errors][ocr errors][merged small]

(d) How to apply. Application for certification of eligibility to apply for adjustment assistance under this $ 610.20 shall be made on Form OTA-1, completed in triplicate, and forwarded to the Director.

(e) Processing and certification procedure. Upon receipt of a completed application under this section 610.20, the Director will conduct, or order to be conducted, such investigation as he determines to be necessary and appropriate. Within 60 days after receipt of the application, properly filed, the Director shall forward the application, together with pertinent material developed during investigation and his recommendation that the application be approved or denied, to the Assistant Secretary. The applicant will be promptly advised of the Assistant Secretary's determination in the matter. (29 F.R. 18059, Dec. 19, 1965, as amended at 35 F.R. 9923, May 17, 1970) $ 610.21 Certification under section 302

(c) of the Act, following Tarif Commission report of allirmative finding

of injury to a firm. (a) General. Under section 302(c) of the Act, the Assistant Secretary may certify as eligible to apply for adjustment assistance any firm with respect to which the Tariff Commission has reported an afirmative finding of injury under section 301(c) of the Act.

(b) Processing and certification procedure. Upon receipt of the Tariff Commission report of its affirmative finding of injury to 8. firm, the Director will conduct, or order to be conducted, such Investigation as he determines necessary and appropriate. Within 20 days after receipt of the Tariff Commission report, the Director shall forward the report to the Assistant Secretary, together with pertinent material developed during any investigation, and also the Director's

recommendation as to whether certificaz

tion under this § 610.21 should be aps proved or denied. The firm involved will

be promptly advised of the Assistant Secretary's determination in the matter. Subpart C—Adjustment Assistance to

Eligible Firms $ 610.30 General

Adjustment assistance may be provided to eligible firms to assist them in adjusting to the impact of increased im

ports and in reestablishing their com. petitive strength. A firm certified as eligible to apply for adjustment assistance may, at any time within two years after the date of such certification, Alle an application for adjustment assistance. Concurrently, or within a reasonable time thereafter, the firm shall present a proposal for its economic ad. justment. Types of adjustment assistance which may be furnished to carry out a firm's certified adjustment proposal are technical assistance, financial assistance, and tax assistance, either singly or in any combination thereof. § 610.31 Applications for adjustment

assistance. (a) who may apply. Any firm certi. fied as eligible to apply for adjustment assistance under Subpart B in this part 610 may apply for such assistance.

(b) When application may be made. Application for adjustment assistance may be made at any time within two years after the date on which the firm is certified under Subpart B in this part 610 as eligible to apply therefor.

(c) How to apply. Application for adjustment assistance shall be made on Form OTA-3, completed in triplicate, and forwarded to the Director. $ 610.32 Adjustments proposals.

(a) Preparation and presentation. A firm's proposal for its economic adjustment shall be made on Form OTA 4, completed in triplicate, and, together with such supporting material as the firm or the Director may deem appropriate, forwarded to the Director. The adjustment proposal shall describe in detail the firm's plan for its economic recovery, the anticipated benefits of the plan, and the type and extent of the adjustment assistance requested to carry out the plan. The adjustment proposal shall conform with the conditions prescribed for adjustment assistance in title III, chapter 2, of the Act, and in the adjustment assistance guidelines set forth in Subpart D of this Part 610. The Director may furnish technical assistance to an eligible firm which has applied for adjustment assistance to assist it in preparing a sound adjustment proposal.

(b) Processing proposals. The Di. rector will conduct, or order to be conducted. such investigation of the firm's adjustment proposal as he determines

66-032-72 -25

to be necessary and appropriate. There- posals, including the use of funds for apafter the Director shall promptly for- proved purposes. ward the arplication for adjustment

Subpart D-Adjustment Assistance assistance, the adjustment proposal, the material developed during his investi

Guidelines gation of the proposal, and his recom

$ 610.40 Technical assistance. mendation as to the action to be taken thereon, to the Secretary.

(a) Technical assistance includes, but (c) Certification. The Secretary may

is not limited to, information, market approve and certify an adjustment pro

and other economic research, manaposal as submitted by the applicant, or

gerial advice and counseling, and trainhe may approve and certify such pro- ing and assistance in research and posal with such modifications and upon

development. such terms and conditions as he may

(b) To the maximum extent practideem appropriate, or he may deny such

cable, technical assistance shall be furproposal. No proposal shall be certified nished through existing Federal agenunless the Secretary determines that the

cies, and otherwise through private inproposal:

dividuals, firms, or institutions. (1) Is reasonably calculated materi- (c) Firms receiving technical assistally to contribute to the economic ad. ance, either under a certified adjustment justment of the firm,

proposal or in the preparation of an ad(2) Gives adequate consideration to justment proposal, shall be required to the interests of the workers of such firm share the cost thereof to the extent adadversely affected by such actions taken ministratively determined to be approin carrying out trade agreements, and priate. (3) Demonstrates that the firm will

§ 610.41 Financial assistance. make all reasonable efforts to use its own resources for economic development.

(a) Funds made available through fi. Certification, unless sooner revoked, shall

nancial assistance (direct loans, loan remain in force for such period as may

guarantees, or agreements for deferred be prescribed therein by the Secretary. participation in loans) shall be used only

(d) Administration of adjustment as- for acquisition, construction, installasistance. The Director shall provide or

tion, modernization, development, conarrange for financial and technical as- version, or expansion of land, plant, sistance in accordance with the provi

buildings, equipment, facilities, or masions of the certified adjustment pro

chinery, or, in exceptiona! cases as deposal. Such assistance shall be provided

termined by the Secretary, to supply through existing Government agencies working capital. The term “working to the maximum extent practicable, and

capital” includes funds for financing for this purpose the Director sha!! refer technical assistance. the certified adjustment proposal to

(b) No loan guarantee or agreement such Federal agency or agencies as he

for deferred participation in a loan shall determines to be appropriate to furnish

be made in an amount which exceeds 90 the technical and financial assistance percent of that portion of the loan made necessary to carry out such proposal. for the purposes described in this paraThe agencies to which such proposal may

graph (a). be referred include the Department of

(c) Any loan made or deferred parCommerce and agencies thereunder. In

ticipation taken up shall bear interest at

a rate not less than the greater of: the event and to the extent that any

(1) Four percent per annum, or agency determines not to furnish this

(2) The rate fixed by the Secretary of assistance, the Director, if he determines

the Treasury under section 315(b) (2) that such assistance is necessary to carry

of the Act for the year in which the out the certified proposal, may provide

loan is made or the agreement for desuch assistance on terms and conditions

ferred participation is entered into. consistent with the guidelines set forth (d) Loan guarantees or agreements for in Subpart D of this part and other ap- deferred participation shall be made plicable provisions of law. The Director only with respect to loans bearing inshall be responsible for ascertaining the terest at a rate determined to be reasonfirm's progress toward adjustment ob- able in comparison with normal terms jectives and for assuring compliance with for comparable loans from private the terms of certified adjustment pro- sources. In no event shall the guaran.

teed portion of any loan, or the portion covered by an agreement for deferred participation, bear interest at a rate in excess of 1 percent per annum more than the rate prescribed under paragraph (c) of this section unless it is determined that special circumstances justify & higher rate, which, however, shall not be in excess of 2 percent per annum more than such prescribed rate.

(e) No direct loan, loan guarantee, or loan in which a deferred participation is taken shall have a maturity period in excess of 25 years including renewals and extensions except as provided in section 315(d) of the Act.

(f) No financial assistance shall be provided unless it is determined that such assistance is not otherwise available to the firm on reasonable terms from sources other than the United States, and that there is reasonable assurance of the firms's repayment of the loan.

(g) No financial assistance shall be provided to any firm unless its owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing. tendering any office or employment to, or retaining for professional services, any person who, on the date such assistance or any part thereof was provided, or within on year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which shall have been administratively determined to involve discretion with respect to the provisions of such financial assistance. § 610.42 Tax assistance.

(a) Application. Any eligible firm may apply for tax assistance, as authorized by section 317 of the Act, with respect to a net operating loss alleged to have been sustained by the applicant in a taxable year which closed not more than 24 months prior to such application. Application may be made by specific request therefor included in the application for adjustment assistance (Form OTA-3), or in the adjustment proposal (Form OTA-4) or may be made by separate letter to the Director. In each case, the applicant shall identify by its closing date the taxable year in which the net operating loss is alleged to have occurred.

(b) Notice. At such time and in such manner as may be prescribed in regulations issued by the Commissioner of Internal Revenue, the firm (and its proprietor if a sole proprietorship, its partners if a partnership, or its shareholders if an electing small business corporation under subchapter S of Chapter 1 of the Internal Revenue Code of 1954) must file with the appropriate District Director of Internal Revenue notice of the application for tax assistance and, if such assistance is approved, a copy of the Secretary's certification of eligibility therefor (Form OTA-6).

(c) Certification. Eligibility for tax assistance, to carry out a firm's certified adjustment proposal, will be certified by the Secretary, if he determines that:

(1) The application for tax assistance was filed within 24 months after the close of a taxable year in which a net operating loss is alleged to have been sustained by the firm,

(2) The alleged net operating loss of the firm arose predominantly out of carrying on a trade or business which was seriously injured, during the year of the loss, by the increased imports which the Tariff Commission has determined to result from concessions granted under trade agreements, and

(3) The tax assistance requested will materially contribute to the economic adjustment of the firm.

NOTE: The record keeping and reporting requirements of this part have been approved by the Bureau of the Budget in accordance with t.be Federal Reports Act of 1942.

[ocr errors]

PART 615-DETERMINATION OF

BONA FIDE MOTOR-VEHICLE MAN

UFACTURER Sec. 615.1 Scope and purpose. 615.2 Definitions. 615.3 Application. 615.4 Determination by the Director. 615.5 Maintenance and publication of a list

of bona fide motor-vehicle manu

facturers. AUTHORITY: The provisions of this Part 615 issued under (schedule 6 of the Tariff Schedules of the United States) 19 U.S.C. 1202; sec. 501 (2), 79 Stat. 1025, 19 U.S.C. 2031; Commerce Dept. Org. Order 40-1A, Feb. 11, 1971, 36 F.R. 4553.

SOURCE: The provisions of this Part 615 appear at 36 F.R. 7127, Apr. 15, 1971, unless otherwise noted.

8 615.1 Scope and purpose.

(d) “Bona fide motor-vehicle manu

facturer” means a person who, upon apThe purpose of this part is to set forth regulations implementing headnote 2 to

plication to the Director under this part, subpart B, part 6, schedule 6 of the Tariff

is determined by the Director to have Schedules of the United States as pro

produced no fewer than 15 complete

motor vehicles in the United States durclaimed by Proclamation No. 3682 of

ing the 12-month period preceding the October 21, 1965 (3 CFR 140 (1964-65 Comp.)), issued pursuant to the Auto

date certified in the application, and to

have had as of such date installed capacmotive Products Trade Act of 1965 (19

ity in the United States to produce 10 U.S.C. sec. 2031), by establishing a procedure under which a person may apply

or more complete motor vehicles per 40to be determined a bona fide motor

hour week. A person shall only be revehicle manufacturer. Under headnote 2

garded as having had the capacity to

produce a complete motor vehicle if his to Subpart B, part 6, schedule 6 of the Tariff Schedules of the United States,

operations included the assembly of two whenever the Secretary of Commerce has

or more major components (e.g., the

attachment of a body to a chassis) to determined a person to be a bona fide motor-vehicle manufacturers, such per

create a new motor vehicle ready for

use. son is eligible to obtain duty-free im

(e) "Person” includes any individual, portation of certain Canadian articles and to issue certain orders, contracts, or

corporation, partnership, association, letters of intent under or pursuant to

company, or any other kind of organiza

tion. which other persons, not themselves

(f) “United States” includes only the bona fide motor-vehicie manufacturers, may obtain duty-free treatment for such

States, the District of Columbia, and

Puerto Rico. Canadian articles. The responsibilities of the Secretary of Commerce relating to the

8 615.3 Application. development, maintenance and publica- Any person in the United States desirtion of a list of bona fide motor-vehicle

ing to be determined a bona fide motormanufacturers and the authority to pro- vehicle manufacturer shall apply to the mulgate rules and regulations pertaining Director by filing two copies of Form thereto, have been delegated to the BDCF-725 in accordance with the inDeputy Assistant Secretary and Director, structions set forth on the form and in Bureau of Domestic Commerce, Depart- this part. Application forms may be obment of Commerce, with power of redele- tained from the Director, field offices of gation, by Department of Commerce

the U.S. Department of Commerce, or Organization Order 40-1A of Febru- from U.S. Collectors of Customs, and ary 11, 1971.

should be mailed or delivered to the: 136 F.R. 7127, Apr. 15, 1971, as amended at

Bureau of Domestic Commerce (Mail Code 36 F.R. 8032, Apr. 29, 1971]

631), U.S. Department of Commerce, Wash$ 615.2 Definitions.

ington, D.C. 20230. For the purposes of the regulations in

$ 615.4 Determination by the Director. this part and the forms issued to imple- (a) As soon as practicable after receipt ment it:

of the application, the Director shall (a) “Act” means the Automotive Prod- determine whether an applicant has proucts Trade Act of 1965 (79 Stat. 1016,

duced no fewer than 15 complete motor 19 U.S.C. secs. 2001–2033).

vehicles in the United States during the (b) "Director” means the Deputy As

12-month period preceding the date cersistant Secretary and Director, Bureau

tified in the application and as of such of Domestic Commerce, of the Depart

date, had installed capacity in the United ment of Commerce, or such official as

States to produce 10 or more complete may be designated by him to act in his motor vehicles per 40-hour week. The behalf.

Director may request such additional (c) "Motor vehicle" means a motor data from an applicant as he may deem vehicle of a kind described in item 692.05 appropriate to establish whether the apor 692.10 of subpart B, part 6, schedule 6, plicant has satisfied the requirements of of the Tariff Schedules of the United this part. States(excluding an electric trolley bus (b) A determination by the Director and a three-wheeled vehicle) or an auto- under this part shall be effective for a mobile truck tractor.

12-month period to begin on the date as

[ocr errors]
« AnteriorContinuar »