C.F.R. » Title 19 » CHAPTER II—UNITED STATES INTERNATIONAL TRADE COMMISSION › SUBCHAPTER B—NONADJUDICATIVE INVESTIGATIONS › PART 207—INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM SUBSIDIZED EXPORTS TO THE UNITED STATES › Subpart A—General Provisions

19 C.F.R. § 207.2

Definitions applicable to part 207

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

For the purposes of this part, the following terms have the meanings hereby assigned to them:

(a) The term the Act means: The Tariff Act of 1930, as amended.

(b) The term administering authority means: The Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under section 303 or title VII of the Act is transferred by law.

(c) The term Director means: The incumbent Commission Director or Acting Director, Office of Operations, or, in the absence of either, a person designated by the Director.

(d) The term ex parte meeting means: Any communication between

(1) Any interested party or other person providing factual information in connection with an investigation, and

(2) Any Commissioner, or member of a Commissioner's staff, in which less than all parties participate, and which is not a hearing or conference for which an opportunity to participate is given to the parties.

(e) The term injury means: Material injury or threat of material injury to an industry in the United States, or material retardation of the establishment of an industry in the United States, by reason of imports into the United States of subject merchandise which is found by the administering authority to be subsidized, or sold, or likely to be sold, at less than its fair value.

(f) The term record means:

(1) All information presented to or obtained by the Commission during the course of an investigation, including completed questionnaires, any information obtained from the administering authority, written communications from any person filed with the Secretary, staff reports, all governmental memoranda pertaining to the case, and the record of ex parte meetings required to be kept pursuant to section 777(a)(3) of the Act; and

(2) A copy of all Commission orders and determinations, all transcripts or records of conferences or hearings, and all notices published in the Federal Register concerning the investigation.

(g) The term coalition or trade association as used in an investigation referred to in section 771(9)(G) of the Act means a coalition or trade association which is representative of domestic processors, domestic processors and producers, or domestic processors and growers.

[44 FR 76468, Dec. 26, 1979, as amended at 60 FR 21, Jan. 3, 1995]
Notes of Decisions
Cited in 5 cases, 1981–2008 · leading case: Ammex, Inc. v. United States, 62 F. Supp. 2d 1148 (Ct. Intl. Trade 1999).
Sort: Relevance Newest Treatment
Ammex, Inc. v. United States, 62 F. Supp. 2d 1148 (Ct. Intl. Trade 1999). “§ 2635 (b)(1) (1994) (filing of official documents for AD and CVD cases); 19 CFR § 207.2 (0 (1999) (defining the term "record” in ITC injury determinations); and 19 CFR § 351.”
Matsushita Elec. Indus. Co. v. United States, 529 F. Supp. 664 (Ct. Intl. Trade 1981). “— Within 75 days after the initiation of an investigation, the administering authority shall cause an official designated for such purpose to review the information concerning the case received during the first 60 days of the investigation, and, if there appears to be sufficient…”
Consol. Fibers, Inc. v. United States, 535 F. Supp. 2d 1345 (Ct. Intl. Trade 2008). “§ 1677f(a)(3), 19 C.F.R. § 207.2 (f)(1) (2005), it is disappointing that the Commission, an investigatory agency with subpoena power performing quasi-adjudicatory functions, thought it wise to rely so heavily on the unrecorded statements of one individual, not under oath, made…”
Allegheny Ludlum Corp. v. United States, 116 F. Supp. 2d 1276 (Ct. Intl. Trade 2000). “” See 19 C.F.R. § 207.2 (f)(1) (1999) (defining the “record” as, inter alia, "staff reports, all governmental memoranda pertaining to the case, and the record of ex parte meetings”).”
Hosiden Corp. v. United States, 810 F. Supp. 322 (Ct. Intl. Trade 1992). · cites it 2× “The plain language of the statute therefore limits the Commission to individual determinations of whether a domestic industry producing products like each separate class or kind of imported article is being injured by each separate class or kind of imported merchandise…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.