the Clerk from performing any other functions within the Office.

§ 1050.105 Time computation.

Computation of any period of time prescribed or allowed under Parts 1030 or 1040 shall begin with the first business day following that on which the act, event, or development initiating such period of time shall have occurred. When the last day of the period so computed is a Saturday, Sunday or national holiday, or other day on which the Office is closed, the period shall run until the end of the next following business day. When such period of time, with the intervening Saturdays, Sundays, and national holidays counted, is 5 days or less, each Saturday, Sunday, and any such holiday shall be excluded from the computation. When such period of time, with the intervening Saturdays, Sundays, and national holidays counted, exceeds 5 days, each of the Saturdays, Sundays, and such holidays shall be included in the computation.

§ 1050.106 Service.

(a) By the Office. (1) Service of notices, orders, and other processes of the Office may be effected as follows:

(i) By registered or certified mail. A copy of the document shall be addressed to the person to be served, at its residence, office, or place of business, and sent thereto by registered or certified mail; or

(ii) By delivery to an individual. A copy thereof may be delivered to the natural person to be served, or to a member of the partnership to be served, or to any officer or director of the corporation or unincorporated association to be served; or

(iii) By delivery to an address. A copy thereof may be left at the office or place of business of the person, or it may be left at the residence of the person or of a member of the partnership or of an officer or director of the corporation or unincorporated association to be served.

(2) All other documents may be similarly served, or they may be served by ordinary first-class mail.

(b) By other parties. Service of documents by parties other than the Office shall be by delivering copies thereof as follows: Upon the Office, by personal delivery or delivery by first-class mail to the Clerk; upon any other party, by delivery to the party, as specified in paragraph (a) of this section.

(c) Service on attorney of party. When a party is represented by a person qualified pursuant to § 1050.101(a), and such representative has filed a notice of appearance as required by § 1050.101(b), any notice, order, or other process or communication required or permitted to be served upon a person or party may be served upon such representative in lieu of any other service.

(d) Proof of service. (1) When service is by registered, certified, or ordinary first class, it is complete upon delivery of the document by the post office to the person served.

(2) The return post office receipt for a document registered or certified and mailed, or the verified return or certificate by the person serving the document by personal delivery, shall be proof of the service of the document. All documents served by ordinary mail shall have appended thereto a certificate of service, setting forth the manner of said service, including the address of any person so served.

§ 1050.108

Ex parte communications.

(a) In a formal administrative proceeding, no person not employed by the Office and no employee or agent of the Office who performs any investigative or prosecuting function in connection with the proceeding, shall communicate ex parte, directly or indirectly, with any person involved in the decisional process in such proceeding, with respect to the merits of that or a factually related proceeding.

(b) In a formal administrative proceeding, no person involved in the decisional process of such proceeding shall communicate ex parte, directly or indirectly, with any person not employed by the Office, or with any employee or agent of the Office who performs any investigative or prosecuting function in connection with the proceedings, with respect to the merits of that or a factually related proceeding.

(d) In a formal administrative proceeding, if an ex parte communication is made to or by any employee involved in the decisional process, in violation of paragraph (a) or (b) of this section, such employee shall promptly inform the Office of the substance of such communication and the circumstances thereof. The Office will take such action thereon as it may consider appropriate. § 1050.111 Freedom of Information.

(a) All documents (including transcripts) filed in formal administrative proceedings conducted under Part 1030 of this chapter (except those documents placed in camera pursuant to § 1030.452), and all documents embodying settlements under Part 1025 of this chapter, are part of the public records of the Office. Copies thereof are maintained for public inspection and copying in the office of the Clerk (see § 1050.104) in the case of Part 1030 documents and in the Central Reference and Records Inspection Facility of the Department of Commerce in the case of Part 1025 documents.

(b) The Office may, for good cause shown and upon application by any party submitting documents embodying settlements placed on the public record,

as described in paragraph (a) of this section, excise trade secrets and customarily privileged commercial or financial information obtained from any person. Requests for such excision may be made by timely submittal to the Office of a written request specifying with particularity each item sought to be excised and setting forth in each instance a full statement of the party's business reasons for requesting excision. Mere conclusory allegations and requests that entire settlement proposals be omitted from the public record will not be deemed to satisfy the requirements of this paragraph.

(c) All documents of any description received by the Office from any person in connection with an investigation of possible noncompliance with the Foreign Direct Investment Program, and not described in paragraph (a) of this section, are considered part of the investigatory files of the Office, compiled for law enforcement purposes, and will not be disclosed to any person except pursuant to law.

(d) Terms used in this section shall have the meanings ascribed thereto in 5 U.S.C. §§ 551-558.

[34 F.R. 17770, Nov. 4, 1969]

Part

AUTHORITY: The provisions of this Part 1101 issued under sec. 401, 76 Stat. 902; 19 U.S.C. 1802. E.O. 11075, as amended (Part 1 of this title).

SOURCE: The provisions of this Part 1101 contained in Directive No. 1, 28 F.R. 3974, Apr. 23, 1963, unless otherwise noted. Redesignated at 33 F.R. 20037, Dec. 31, 1968.

§ 1101.0 Scope and purpose.

This chapter sets out the basic terms of reference of the Office of the Special Representative for Trade Negotiations and the procedures whereby it carries out its general responsibilities under the trade agreements program. One of the primary purposes of this chapter is to inform the public of the unit in the Office known as the Trade Information Committee, the function of which is to afford an opportunity to interested parties to present oral and written statements concerning the trade agreements program and related matters.

36-033-70-29

sentative for Trade Negotiations is located at 1800 G Street NW., Washington, D.C., 20506.

[Directive No. 1, 28 F.R. 3974, Apr. 23, 1963, as amended by Amdt. 2, 30 F.R. 7754, June 16, 1965]

§ 1101.2 Organization.

(a) The Office of the Special Representative for Trade Negotiations is headed by the Special Representative for Trade Negotiations provided for in section 241 of the Trade Expansion Act of 1962 (76 Stat. 878; 19 U.S.C. 1871), who is directly responsible to the President. In addition, the Office consists of two Deputy Special Representatives for Trade Negotiations provided for in § 1.2 of this title, and a professional staff.

(b) Established by, and under the direction and control of, the Special Representative for Trade Negotiations are three interagency committees, the Trade Executive Committee, the Trade Staff Committee, and the Trade Information Committee, provided for in Part 1102 of this chapter.

[Direction No. 1, 28 F.R. 3974, Apr. 23, 1963, as amended by Amdt. 1, 30 F.R. 648, Jan. 20, 1965]

§ 1101.3 Functions.

(a) The Special Representative for Trade Negotiations (1) advises and assists the President in the administration of, and facilitates the carrying out of, the trade agreements program, and (2) advises the President with respect to

nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements program, as provided in § 1.3 of this title.

(b) The Special Representative for Trade Negotiations is Chairman of the Trade Expansion Act Advisory Committee established by § 1.4 of this title.

PART 1102-ESTABLISHMENT AND OPERATION OF COMMITTEES

Sec.

1102.1 Trade Executive Committee.
1102.2 Trade Staff Committee.
1102.3 Trade Information Committee.
1102.4 Participation by other agencies.
1102.5 Transfers.

AUTHORITY: The provisions of this Part 1102 issued under sec. 401, 76 Stat. 902; 19 U.S.C. 1802. §§ 1102.1 to 1102.4 also issued under secs. 9 and 11 of E.O. 11075, as amended (§§ 1.9 and 1.11 of this title), unless otherwise noted.

SOURCE: The provisions of this Part 1102 contained in Directive No. 1, 28 F.R. 3974, Apr. 23, 1963. Redesignated at 33 F.R. 20037, Dec. 31, 1968.

§ 1102.1

Trade Executive Committee.

(a) There is hereby established the Trade Executive Committee, which shall consist of the Deputy Special Representative for Trade Negotiations, as chairman, and of officials, who are each in status not below that of an assistant Secretary, designated from their respective agencies by the Secretaries of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury. The Special Representative for Trade Negotiations and each Secretary may designate from his respective agency an official, who is in status not below that of a Deputy Assistant Secretary, to serve as a member of the Trade Executive Committee in lieu of the regular member when the latter is unable to attend any meeting of the Committee.

(b) The Trade Executive Committee shall

(1) Plan, direct, and coordinate interagency activities concerning the trade agreements program and related matters;

(2) Recommend policies and actions, and transmit appropriate materials, to the Special Representative for Trade Negotiations concerning the trade agreements program and related matters, or, when appropriate, approve such policies and actions;

(3) Supervise and direct the activities of the Trade Staff Committee and the Trade Information Committee, established by §§ 1102.2 and 1102.3, respectively; and

(4) Perform such other functions as the Special Representative for Trade Negotiations may from time to time determine.

§ 1102.2 Trade Staff Committee.

(a) There is hereby established the Trade Staff Committee, which shall consist of a chairman designated from his Office by the Special Representative for Trade Negotiations and of officials designated from their respective agencies by the Secretaries of Agriculture, Commerce, Defense, Interior, Labor, State, and Treasury, and by the Chairman of the Tariff Commission. The Special Representative for Trade Negotiations, each Secretary, and the Chairman of the Tariff Commission may designate from his respective agency an official to serve as a member of the Trade Staff Committee in lieu of the regular member when the latter is unable to attend any meeting of the Committee. The official from the Tariff Commission will be a nonvoting member of the Trade Staff Committee, and will not participate in the discussion of any policy matter or in the consideration of any report submitted by the Tariff Commission.

(b) The Trade Staff Committee shall(1) Obtain information and advice from agencies and other sources concerning any proposed trade agreement, and furnish summaries of such information and advice, together with recommendations of action with respect thereto, to the Trade Executive Committee; (Sec. 222, 76 Stat. 875; 19 U.S.C. 1842)

(2) Review summaries of information concerning any proposed trade agreement furnished by the Trade Informa tion Committee, and transmit such summaries, together with recommendations of action with respect thereto, to the Trade Executive Committee;

(3) Review summaries of information concerning foreign import restrictions furnished by the Trade Information Committee, and transmit recommendations of action with respect thereto. through the Trade Executive Committee to the Trade Expansion Act Advisory Committee established by § 1.4 of this title;

(4) Review reports concerning tariff