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CHAPTER XVI-AUTOMOTIVE AGREEMENT ADJUSTMENT ASSISTANCE BOARD

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AUTHORITY: The provisions of Part 1801 are issued under sec. 302(k) of the Automotive Products Trade Act of 1965, 79 Stat. 1021, and E.O. 11254, 30 F.R. 13569.

SOURCE: The provisions of this Part 1801 appear at 31 F.R. 827, Jan. 21, 1966. Redesignated at 33 F.R. 20049, Dec. 31, 1968.

§ 1801.1 Scope and purpose.

The purpose of this Part is to set forth regulations relating to the responsibilities vested in the President by Section 302 of the Automotive Products Trade Act of 1965 (79 Stat. 1018) and delegated to the Automotive Agreement Adjustment Assistance Board by Executive Order 11254, issued October 21, 1965 (30 FR. 13569). Section 302 of the Automotive Act provides special transitional authority for determining eligibility of firms or groups of workers to apply for adjustment assistance in connection with the implementation of the Agreement Concerning Automotive Products Between the Government of the United

States of America and the Governinent of Canada, signed on January 16, 1965. Such adjustment assistance is substantively the same as that for which provision is made in Chapters 2 and 3 of Title III of the Trade Expansion Act of 1962 (76 Stat. 883). Petitions for determinations under this special authority may be filed from January 20, 1966, through June 30, 1968.

§ 1801.2 Definitions.

As used in this Part and in the forms issued pursuant hereto, except where the context clearly indicates otherwise, the term:

(a) "Automotive Act" means the Automotive Products Trade Act of 1965 (Pub. L. 89-283, 79 Stat. 1016).

(b) "Operation of the Agreement” includes governmental or private actions in the United States or Canada, directly related to the conclusion or implementation of the Agreement Concerning Automotive Products Between the Government of the United States of America and the Government of Canada, signed on January 16, 1965.

(c) "Board" means the Automotive Agreement Adjustment Assistance Board consisting of the Secretaries of the Treasury, Commerce, and Labor as established by E.O. 11254.

(d) "Automotive Product” means a motor vehicle or a fabricated component to be used as original equipment in the manufacture of motor vehicles, as provided in the Automotive Act.

(e) "Like product or directly competitive product."

(1) A "like product" means a product which is the same as the automotive product in question.

(2) A "directly competitive product" is a different product which in most cases

would perform the same function as the automotive product in question.

(f) "Firm" includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, and receivers under decree of any court. A firm, together with any predecessor, successor, or affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits.

(g) "Establishment" means a factory or plant including auxiliary facilities operated in conjunction with (whether or not physically separate from) production facilities.

(h) “Appropriate subdivision” means a single establishment in which the automotive product concerned is produced. Where such a product is produced in a distinct part or section of an establishment, such part or section may be considered an appropriate subdivision of the firm.

(1) "Dislocation" means

(1) in the case of a firm, injury to the firm, which may be evidenced by such conditions as idling of productive facilities, inability to operate at a level of reasonable profit, or unemployment or underemployment, and which is of a serious nature; and

(2) in the case of a group of workers, unemployment or underemployment of a significant number or proportion of the workers of a firm or an appropriate subdivision thereof. Significant number or proportion of workers means in most cases 5 percent of the workers or 50 workers in a firm (or appropriate subdivision thereof), whichever is less. In the event there are fewer than 50 workers in a firm (or appropriate subdivision) a significant number or proportion may mean as few as, but no fewer than three workers.

(j) "Primary factor" means a factor which is greater in importance than any other single factor present in a given case, but which does not have to be greater than any combination of other factors.

§ 1801.3 The Board.

(a) The Chairman is elected by the Board from among its members.

(b) The Board may from time to time establish appropriate subsidiary bodies to assist it in carrying out its functions.

(c) The Board may redelegate such of its functions as it considers appropriate, except the making of final determinations, certifications, and terminations of certifications under sections 302 (b), (c), (d), and (g) (2) of the Automotive Act.

(d) The Executive Secretary is selected by the Board.

(e) Any rule of practice or procedure of the Board may be waived, altered, suspended, or revoked by the Board if in its judgment there is good and sufficient reason therefor, provided the rule is not required by law.

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§ 1801.5

Who may file petitions.

(a) Petitions for determinations of eligibility to apply for adjustment assistance under this Part may be filed by:

(1) a firm which produces an automotive product, or its representative; or

(2) a group of three or more workers in a firm which produces an automotive product, or their certified or recognized union or other duly authorized representative.

(b) The signature of any person who signs a petition or other document related thereto constitutes a certification that he has read the document, that to the best of his knowledge and belief the statements contained therein are correct and complete, and that he is authorized by, and on behalf of, the petitioning firm or group of workers to sign it.

§ 1801.6 Filing of petitions for determination of eligibility to apply for adjustment assistance.

(a) How to file. Petitions under this part shall be filed on Form AAB-1 (Firm) or AAB-2 (Group of workers).'

(b) Availability of forms. Petition forms and information relating thereto may be obtained from the Executive Secretary of the Board, the Department of Commerce Field Offices, and local offices of the State employment security agen

1 The Board will file sample copies of these forms with the Office of the Federal Register.

cies affiliated with the U.S. Department of Labor.

(c) Where to file. Petitions and documents relating thereto shall be filed with the Board at Washington, D.C. (see § 1801.4).

(d) When to file. Petitions may be filled from January 20, 1966, through June 30, 1968.

(e) Date of filling. A petition will be deemed to be filed on the date on which the Board determines that it conforms with the requirements of this part.

(1) Number of copies. A signed original and three (3) true copies of each petition and related documents shall be filed. The name of the person signing the original shall be typewritten or otherwise reproduced on each copy.

(g) Conformity with requirements. Substantial compliance with the requirements of this section may be accepted by the Board for good and sufficient reason. § 1801.7 Contents of petition.

The petition forms are designed to elicit such information as will assist the Tariff Commission in its investigations and the Board in making the final determinations required under the Automotive Act. The questions contained in the petition relate to (a) whether the product which is the basis for the petition is an automotive product, (b) whether there is dislocation or threat thereof, and (c) the role of the operation of the Agreement in causing such dislocation or threat thereof.

§ 1801.8 Action on petitions.

(a) Transmittal to Tariff Commission. The Board shall promptly transmit a copy of each properly filed petition to the Tariff Commission. Either concurrently with such transmittal and in no event later than five (5) days after the filing of such a petition, the Board shall request the Tariff Commission to conduct an investigation in order to provide the Board with a factual record, including particular kinds of data as the Board may specify, on the basis of which the Board may make final determinations under sections 302 (b), (c), and (d) of the Automotive Act.

(b) When final determinations are made.

(1) The Board shall make each such final determination not later than fifteen (15) days after the date on which it re

ceives the Tariff Commission's report' unless within such period the Board requests the Tariff Commission to furnish a supplemental report covering such additional factual information as the Board may specify.

(2) If the Board requests a supplemental report, it shall make its final determination not later than ten (10) days after receipt thereof from the Tariff Commission.'

(c) Advice from other agencies. The Board shall make each such final determination only after it has sought advice from the Departments of Commerce, Labor, and the Treasury, the Small Business Administration, and such other agencies as it may deem appropriate. § 1801.9 Basis for certification.

(a) The Board shall promptly certify, except as provided in paragraph (c) of this Section, that a petitioning firm or group of workers is eligible to apply for adjustment assistance if it determines that

(1) Dislocation of such firm or group of workers has occurred or threatens to occur;

(2) Production in the United States of the automotive product concerned produced by the firm, or an appropriate subdivision thereof, and of the like or directly competitive product, has decreased appreciably; and

(3) (1) Imports into the United States from Canada of the Canadian product like or directly competitive with that produced by the firm, or an appropriate subdivision thereof, have increased appreciably; or

(ii) Exports from the United States to Canada of the U.S. automotive product concerned produced by the firm, or an appropriate subdivision thereof, and of the like or directly competitive U.S. product, have decreased appreciably, and the

Section 302(e) (8) of the Automotive Act provides: "Not later than 50 days after the date on which it receives the request of the President under paragraph (1), the Tariff Commission shall transmit to the President a report of the facts disclosed by its investigation, together with the transcript of the hearing and any briefs which may have been submitted in connection with such investigation."

'Section 302(1) (2) of the Automotive Act provides: "... the Tariff Commission shall, not later than 25 days after the date on which it receives the President's request, furnish such additional factual information in a supplemental report

decrease in such exports is greater than the decrease, if any, in production in Canada of the Canadian product like or directly competitive with the United States product being exported.

(b) The Board shall promptly certify that a petitioning firm or group of workers is eligible to apply for adjustment assistance if it determines that

(1) Dislocation of such firm or group of workers has occurred or threatens to occur; and that

(2) The operation of the Agreement has been the primary factor in causing or threatening to cause such dislocation.

(c) In no case shall the Board certify that a petitioning firm or group of workers is eligible to apply for adjustment assistance if it determines that the operation of the Agreement has not been the primary factor in causing or threatening to cause dislocation to such firm or group of workers.

§ 1801.10 Release of reports.

Tariff Commission reports concerning investigations made under section 302 (e) or 302(f) of the Automotive Act (except for confidential data) will be made public by the Commission at the time they are transmitted to the Board. § 1801.11 Written and oral submissions. Interested persons may make written submissions to the Board concerning a report of the Tariff Commission no later than eight (8) days after the report has been made public. At its discretion the Board may afford interested persons an opportunity to present their views orally if so requested within five (5) days after the Tariff Commission report has been made public.

§1801.12 Material available to the public.

(a) Petitions and related documents filed with the Board, identifiable records of the Board, and materials issued for general distribution by the Board may be inspected and copied by any person on written request to the Executive Secretary of the Board at Washington, D.C., except as set forth in §§ 1801.13 and 1801.14 and except as provided for in 5 U.S.C. 552(b).

(b) In considering requests, the Executive Secretary may consult with members of the Automotive Assistance Committee of the Board.

(c) Any person whose request for such material of the Board is denied by the

Executive Secretary may obtain review of such denial by filing a request therefor in writing with the Chairman of the Board within 15 days after notification of such denial. Such request shall set forth a description of the material requested and the basis for believing that such material is required to be made available under applicable law. Two copies of the request for review shall be filed with the Executive Secretary. A decision on such review shall be made by the Chairman of the Board who may consult with the other members of the Board. Persons requesting review by the Chairman of denials made by the Executive Secretary shall be promptly advised of the Chairman's decision on their request. The decision shall constitute final action of the Board.

(d) Persons whose request for the inspection and copying of material is approved will, on request, be provided facilities by the Executive Secretary for inspection and for making manual copies of such material. An index to materials required to be made available under 5 U.S.C. 552(a) (2) shall also be available for inspection and copying during regular business hours at the Office of the Executive Secretary of the Board, located in the Department of Labor, 14th and Constitution Avenue NW., Washington, D.C. 20210, Room 7113.

(e) Any material which has been released for inspection will be copied by the Executive Secretary on the request and at the expense of the requesting party. Except for copies duplicated for distribution for no fee, a fee of 25 cents will be charged for each facsimile page reproduction in a maximum size of 101⁄2" x 151⁄2". An appropriate fee will be charged for copies of other size. Where the request is for receipt of such copies by mail, such postal fees in excess of domestic first-class postal rates as are necessary for transmittal of copies requested will be added to the per-page fee specified, unless appropriate stamps or stamped envelopes are furnished with the request.

(5 U.S.C. 552, as amended by Public Law 90-23) [32 F.R. 17940, Dec. 15, 1967]

§ 1801.13 Material not available to the public.

(a) Documents and other information transmitted in confidence by any Federal or State agency, the release of which has not been authorized by such agency, shall not be available to the public.

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