9.7—Conduct of investigation.
(a)
The investigation by the Assistant Secretary or by such official or agency as he
may designate, shall be such as to enable the Secretary to arrive at a fully informed
opinion as to the effect on the national security of imports of the article in
question.
(b)
If the Assistant Secretary determines that it is appropriate to hold public
hearings or otherwise afford interested parties an opportunity to present information
and advice relevant to an investigation, he shall issue a public notice which shall be
published in the Federal Register. Such notice shall include a statement
of the time, place and nature of any public hearing or shall solicit from any
interested party written comments, opinions, or data relative to the investigation, to
be submitted to the Assistant Secretary within the time period specified in the
notice. Rebuttal to material so submitted may be filed with the Assistant Secretary
within such time as is specified in the public notice. All data,
comments and opinions shall be submitted with 25 copies.
(c)
All applications filed and all comments, opinions, and data submitted pursuant to
paragraph (b) of this section, except information determined to be confidential as
provided in § 9.6, will be available for inspection and copying at the Office of the
Assistant Secretary (Enforcement, Operations, and Tariff Affairs), Department of the
Treasury, in Washington, DC. The Assistant Secretary will maintain a roster of persons
who have submitted materials.
(d)
The Assistant Secretary or his designee may also request further data from other
sources through the use of questionnaires, correspondence, or other means.
(e)
The Assistant Secretary or his delegate shall, in the course of the
investigation, seek information or advice from, and consult with, the Secretary of
Defense, the Secretary of Commerce, or their delegates, and any other appropriate
officer of the United States as the Assistant Secretary shall determine.
(f)
In addition, the Assistant Secretary, or his designee, may, when he deems it
appropriate, hold public hearings to elicit further information. If a hearing is
held:
(2)
It will be conducted by the Assistant Secretary or his designee, and the full
record will be considered by the Secretary in arriving at his determination.
(3)
Interested parties may appear, either in person or by representation, and produce
oral or written evidence relevant and material to the subject matter of the
investigation.
(4)
After a witness has testified the Assistant Secretary or his designee may
question the witness. Questions submitted to the Assistant Secretary or his designee
in writing by any interested party may, at the discretion of the Assistant Secretary
or his designee, be posed to the witness for reply for the purpose of assisting the
Assistant Secretary in obtaining the material facts with respect to the subject matter
of the investigation.
(5)
The hearing will be stenographically reported. The Assistant Secretary will not
cause transcripts of the record of the hearing to be distributed to the interested
parties, but a transcript may be inspected at the Office of the Assistant Secretary
(Enforcement, Operations, and Tariff Affairs), Department of the Treasury, in
Washington, DC, or purchased from the reporter.