615.4 Determination by the Director. 615.5 Maintenance and publication of a list of bona fide motor-vehicle manufacturers.

AUTHORITY: Headnote 2, subpart B, part 6, schedule 6, Tariff Schedules, United States (19 U.S.C. 1202) relating to the development maintenance, and publication of a list of bona fide motor-vehicle manufacturers, and authority to promulgate rules and regulations pertaining thereto under section 501(2) of Title V, Automotive Products Trade Act of 1965 (19 U.S.C. 2031).

SOURCE: 45 FR 42214, June 23, 1980, unless otherwise noted.

§ 615.1 Scope and purpose.

The purpose of this part is to set forth regulations implementing headnote 2 to subpart B, part 6, schedule 6 of the Tariff Schedules of the United States as proclaimed by Proclamation No. 3682 of October 21, 1965 (3 CFR 140-65 Comp.). issued pursuant to the Automotive Products Trade Act of 1965 (19 U.S.C. 2031), by establishing a procedure under which a person may apply to be determined a bona fide motor-vehicle manufacturer. Under

headnote 2 to subpart B, part 6, schedule 6 of the Tariff Schedules of the United States, whenever the Secretary of Commerce has determined a person to be a bona fide motor-vehicle manufacturer, such person is eligible to obtain duty-free importation of certain Canadian articles and to issue certain orders, contracts, or letters of intent under or pursuant to which other persons, not themselves bona fide motor-vehicle manufacturers, may obtain duty-free treatment for such Canadian articles. The responsibilities of Secretary of Commerce relating to the development, maintenance and publication of a list of bona fide motor-vehicle manufacturers and the authority to promulgate rules and regulations pertaining thereto have been delegated to Director, Bureau of Industrial Economics, Department of Commerce pursuant to Department of

For the purpose of the regulations in this part and the forms issued to implement it:

(a) "Act" means the Automotive Products Trade Act of 1965 (79 Stat. 1016 19 U.S.C. 2001 through 2033). (b) "Director" means Director, Bureau of Industrial Economics of the Department of Commerce, or such official as may be designated by the Director to act in his or her behalf.

(c) "Motor vehicle" means a motor vehicle of a kind described in item 692.05 or 692.10 of subpart B, part 6, schedule 6, of the Tariff Schedules of the United States (excluding an electric trolley bus and a three-wheeled vehicle) or an automotive truck tractor.

(d) "Bona fide motor-vehicle manufacturer" means a person who upon application to the Director is determined by the Director to have produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date certified in the application, and to have had as of such date installed capacity in the United States to produce 10 or more complete motor vehicles per 40-hour week. A person shall only be regarded as having had the capacity to produce a complete motor vehicle if his operation included the assembly of two or more major components (e.g., the attachment of a body to a chassis) to create a new motor vehicle ready for use.

(e) "Person" includes any individual, corporation, partnership, association, company, or any kind of organization.

(f) "United States" includes only the States, the District of Columbia and Puerto Rico.

§ 615.3 Application.

Any person in the United States desiring to be determined a bona fide motor vehicle manufacturer shall apply to the Director by filing two copies of Form BIE-3 in accordance with the instructions set forth on the form and this part. Application forms

may be obtained from the Director, District offices of the U.S. Department of Commerce, or from U.S. Collectors of Customs, and should be mailed or delivered to the:

Transportation Equipment Division, OPG, Bureau of Industrial Economics, U.S. Department of Commerce, Washington, DC 20230.

§ 615.4 Determination by the Director.

(a) As soon as practicable after receipt of the application, the Director shall determine whether an applicant has produced no fewer than 15 complete motor vehicles in the United States during the 12-month period preceding the date certified in the application and as of such date, had installed capacity in the United States to produce 10 or more complete motor vehicles per 40 hour week. The Director may request such additional data from an applicant as he may deem appropriate to establish whether the ap

plicant has satisfied the requirements of this part.

(b) A determination by the Director under this part shall be effective for a 12-month period to begin on the date as of which the Director determines that the applicant qualified under this part. Within 60 days prior to the termination of such period, a bona fide motor vehicle manufacturer may apply for another determination under this part.

(c) The Director will promptly notify each applicant in writing of the final action taken on his application.

§ 615.5 Maintenance and publication of a list of bona fide motor-vehicle manufacturers.

The Director shall maintain and publish from time to time in the FEDERAL REGISTER, a list of the names and addresses of bona fide motor vehicle manufacturers, and the effective dates from each determination.