OFFICE OF GOVERNMENT ETHICS

                          79 x 5

   Letter to a Private Attorney dated September 28, 1979


     This is in response to your letter of August 6, 1979, wherein
you requested an opinion as to the application of the
post-employment conflict of interest restrictions of the Ethics in
Government Act of 1978 (Pub. L. No. 95-521, as amended), to [a
former Government employee] in connection with the issue of
special dumping duties upon [a specific product] from [a foreign
country].

     Based on information supplied to [a staff member] of this
Office by [a member] of your firm and [the former employee], by
telephone on September 12, 1979, it appears that [the former
employee] was previously employed as a GS-12 at the then Tariff
Commission, with the position title "International Economist." 
His employment at the Tariff Commission terminated in 1975.  He
was last employed as a GS-12 with the position title "Economist"
at the Treasury Department, terminating his employment there [in]
July 1979.  During his tenure at the Treasury Department, from
1975 through July 1979, he had no direct administrative or
operating authority with respect to any aspect of matters related
to assessments on [the specific product] imported from [the
foreign country].  On the basis of these facts, we conclude that
[the former employee] is not a person referred to in
section 207(d), 18 U.S.C., as amended, nor was any question
relating to [this product] from [the foreign country] "under his
official responsibility" during the last year of his Government
employment.  Accordingly, the provisions of sections 207(b) and
(c) are not applicable.

     However, in view of [the former employee's] "personal and
substantial" participation in the injury from dumping
determination by the Tariff Commission with respect to [this
product] from [this foreign country], it is our opinion that he is
subject to the prohibitions of section 207(a) and section 737.5 of
the interim regulations on Post Employment Conflict of Interest,
44 Fed. Reg. 19978 (1979), with respect to the issue of the
assessment of special dumping duties upon such goods.  It is our
view that the assessment of dumping duties subsequent to the
injury determination relates to the same "particular matter." 
[The former employee] is thus precluded from making "any formal or
informal appearance before, or, with the intent to
influence . . . any oral or written communication" to a Federal
agency or court on this matter.  He may, however, aid and assist
members of your firm in preparing for such appearances and
communications.  His permitted activities would include, as we
understand you to contemplate, the preparation of charts, graphs
and tables showing the results of his mathematical and statistical
computations with respect to the assessment issue for the use by
your firm in such appearances and communications.

     For your information I have enclosed a copy of a memorandum
summarizing the post-employment conflict of interest restrictions.

                                Sincerely yours,

                                Bernhardt K. Wruble
                                Director