(a) In making its decision on matters arising under section 13(b)(6)of the Act (46 U.S.C. 41108(d)), the Commission may receive and consider relevant information from any owner, operator, or conference in an affected trade, or from any foreign government, either directly or through the Department of State or from any other reliable source. All such submissions should be supported by affidavits of fact and memorandum of law. Relevant information may include, but is not limited to:
(1) Statistics, with sources, or, if unavailable, the best estimates pertaining to:
(i) The total cargo carried in the affected liner or bulk trade by type, source, value, tonnage and direction.
(ii) Cargo carried in the affected trade on vessels owned or operated by any person or conference, by type, source, value, tonnage and direction.
(iii) The percentage such cargo carried is of the total affected liner or bulk trade, on a tonnage and value basis.
(iv) The amount of cargo reserved by a foreign government for national-flag or other vessels in the affected trade, on a tonnage and value basis, and a listing of the types of cargo and specific commodities which are reserved for national-flag or other vessels.
(2) Information on the operations of vessels of any party serving the affected trade, including sailings to and from ports in the trade, taxes or other charges paid to foreign authorities, and subsidies or other payments received from foreign authorities.
(3) Information clarifying the meaning of the foreign law, rule, regulation or practice complained of, and a description of its implementation.
(4) Complete copies of all conference and other agreements, including amendments and related documents, which apply in the trade.
(b) Once introduced or adduced, information of the character described in paragraph (a) of this section, and petitions and responses thereto, shall be made part of the record for decision and may provide the basis for Commission findings of fact and conclusions of law, and for the imposition of sanctions under the Act and this part.
[49 FR 45406, Nov. 15, 1984. Redesignated and amended at 64 FR 8009, 8010, Feb. 18, 1999; 74 FR 50734, Oct. 1, 2009]