Practice and Procedure: Rules of General Application, Safeguards, Antidumping and Countervailing Duty, and Adjudication and Enforcement, 39750-39756 [2011-16360]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Proposed Rules]
[Pages 39750-39756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16360]



[[Page 39749]]

Vol. 76

Wednesday,

No. 129

July 6, 2011

Part VI





International Trade Commission





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19 CFR Parts 201, 206, 207 et al.





Practice and Procedure: Rules of General Application, Safeguards, 
Antidumping and Countervailing Duty, and Adjudication and Enforcement; 
Filing Procedures; Proposed Rule and Notice

Federal Register / Vol. 76 , No. 129 / Wednesday, July 6, 2011 / 
Proposed Rules

[[Page 39750]]


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INTERNATIONAL TRADE COMMISSION

19 CFR Parts 201, 206, 207, and 210


Practice and Procedure: Rules of General Application, Safeguards, 
Antidumping and Countervailing Duty, and Adjudication and Enforcement

AGENCY: International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States International Trade Commission 
(``Commission'') proposes to amend its rules of practice and procedure 
concerning rules of general application, safeguards, antidumping and 
countervailing duty, and adjudication and enforcement. The amendments 
are necessary to implement a new Commission requirement for electronic 
filing of most documents with the agency. The intended effects of the 
proposed amendments are to increase efficiency in processing documents 
filed with the Commission, reduce Commission expenditures, and conform 
agency processes to Federal Government initiatives.

DATES: To be assured of consideration, written comments must be 
received by 5:15 p.m. on August 5, 2011.

ADDRESSES: You may submit comments, identified by docket number MISC-
036, by any of the following methods:

--Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
--Agency Web Site: https://edis.usitc.gov. Follow the instructions for 
submitting comments on the Web site.
--Mail: For paper submission. U.S. International Trade Commission, 500 
E Street, SW., Room 112A, Washington, DC 20436.
--Hand Delivery/Courier: U.S. International Trade Commission, 500 E 
Street, SW., Room 112A, Washington, DC 20436, from the hours of 8:45 
a.m. to 5:15 p.m.
    Instructions: All submissions received must include the agency name 
and docket number (MISC-036), along with a cover letter stating the 
nature of the commenter's interest in the proposed rulemaking. All 
comments received will be posted without change to https://edis.usitc.gov, including any personal information provided. For paper 
copies, a signed original and 14 copies of each set of comments should 
be submitted to James R. Holbein, Secretary, U.S. International Trade 
Commission, 500 E Street, SW., Room 112A, Washington, DC 20436. Docket: 
For access to the docket to read background documents or comments 
received, go to https://edis.usitc.gov and/or the U.S. International 
Trade Commission, 500 E Street, SW., Room 112A, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: James R. Holbein, Secretary, telephone 
(202) 205-2000 or Gracemary Roth-Roffy, telephone (202) 205-3117, 
Office of the General Counsel, United States International Trade 
Commission. Hearing-impaired individuals are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal at 202-205-1810. General information concerning the Commission 
may also be obtained by accessing its Internet server at https://www.usitc.gov.

SUPPLEMENTARY INFORMATION: The preamble below is designed to assist 
readers in understanding these proposed amendments to the Commission's 
Rules. This preamble provides background information, a regulatory 
analysis of the proposed amendments, and a section-by-section 
explanation of the proposed amendments. The Commission encourages 
members of the public to comment on the proposed amendments as well as 
on whether the language of the proposed amendments is sufficiently 
clear for users to understand.
    If the Commission decides to proceed with this rulemaking after 
reviewing the comments filed in response to this notice, the proposed 
rule revisions will be promulgated in accordance with the procedures 
provided for in the Administrative Procedure Act (5 U.S.C. 553), and 
will be codified in 19 CFR parts 201, 206, 207, and 210.

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. This rulemaking seeks to improve provisions of the Commission's 
existing Rules of Practice and Procedure. The Commission proposes 
amendments to its rules covering proceedings such as investigations and 
reviews conducted under title VII and section 337 of the Tariff Act of 
1930 (19 U.S.C. 1337, 1671 et seq.), sections 202, 406, 421, 422 of the 
Trade Act of 1974 (19 U.S.C. 2252, 2436, 2451, 2451a), and sections 302 
and 312 of the North American Free Trade Agreement Implementation Act 
(19 U.S.C. 3352, 3372). The Commission invites the public to comment on 
all of these proposed rule amendments. In any comments, please consider 
addressing whether the language of the proposed amendments is 
sufficiently clear for users to understand. In addition please consider 
addressing how the proposed rule amendments could be improved, and/or 
offering specific constructive alternatives where appropriate.
    Consistent with its ordinary practice, the Commission is issuing 
these proposed amendments in accordance with provisions of section 553 
of the APA (5 U.S.C. 553), although such provisions are not mandatory 
with respect to this rulemaking. The APA procedure entails the 
following steps: (1) Publication of a notice of proposed rulemaking; 
(2) solicitation of public comments on the proposed amendments; (3) 
Commission review of public comments on the proposed amendments; and 
(4) publication of final amendments at least thirty days prior to their 
effective date.
    The Commission proposes to require that most filings with the 
agency be made by electronic means. When a filing is made by electronic 
means, the electronic version will constitute the official record 
document and any paper form of the document must be a true copy and 
identical to the electronic version. The Commission's Electronic 
Document Information System (EDIS) already accepts electronic filing of 
certain documents, and will be the mechanism by which participants in 
Commission proceedings electronically file their documents in the 
future. Whereas submitters have only been permitted to file public 
documents into EDIS, the proposed rule amendments would provide for the 
electronic filing of documents containing confidential business 
information and business proprietary information into EDIS. A Handbook 
on Filing Procedures will supersede the Commission's current Handbook 
on Electronic Filing Procedures, and will provide more detailed 
information on the filing process. The Commission plans to seek public 
comment concerning the new handbook in a separate notice. Persons 
seeking to file documents will be required to comply with the revised 
rules and the Handbook on Filing Procedures.
    The Commission estimates that electronic filing of most documents 
will significantly reduce the cost to the agency of processing 
documents. These costs include labor costs for scanning paper documents 
into EDIS, storage costs for paper documents, and costs for continuity 
of operations. Electronic filing also is expected to improve the 
efficiency and effectiveness of the filing

[[Page 39751]]

process by entering documents into EDIS more rapidly. Electronic filing 
also accords with government-wide initiatives encouraging agencies to 
do business electronically.
    Although the Commission intends to require electronic filing of 
most documents, documents generally will also be submitted in paper 
form. Moreover, witness testimony and hearing materials in import 
injury investigations and reviews would be submitted only in paper 
form, and public versions of testimony would be accepted at the 
relevant conference or hearing. The proposed rules would provide the 
Secretary to the Commission with the authority to establish exceptions 
and modifications to the requirement to electronically file documents.
    The proposed changes to the filing process are not intended to 
affect the current practice with respect to the filing of responses to 
Commission questionnaires in import injury investigations and reviews.

Regulatory Analysis of Proposed Amendments to the Commission's Rules

    The Commission has determined that the final rules do not meet the 
criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, Oct. 4, 1993) and thus do not constitute a significant 
regulatory action for purposes of the Executive Order.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is 
inapplicable to this rulemaking because it is not one for which a 
notice of final rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission has chosen to publish a notice 
of proposed rulemaking, these proposed regulations are ``agency rules 
of procedure and practice,'' and thus are exempt from the notice 
requirement imposed by 5 U.S.C. 553(b).
    These proposed rules do not contain federalism implications 
warranting the preparation of a federalism summary impact statement 
pursuant to Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
    No actions are necessary under the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et seq.) because the proposed rules will not result 
in the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more in any one 
year, and will not significantly or uniquely affect small governments.
    The proposed rules are not major rules as defined by section 804 of 
the Small Business Regulatory Enforcement Fairness Act of 1996 (5 
U.S.C. 801 et seq.). Moreover, they are exempt from the reporting 
requirements of the Contract With America Advancement Act of 1996 (Pub. 
L. 104-121) because they concern rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties.
    The amendments are not subject to section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), because the amendments would 
impose no new collection of information under the statute.

Section-by-Section Analysis

    Section 201.8 generally provides the requirements for filing 
documents with the Commission. The Commission proposes to revise 
paragraphs (c) and (d) of Sec.  201.8 to clarify document specification 
requirements, and to revise paragraph (f) to set out requirements for 
filing of documents, including the general requirement that documents 
be filed electronically. Paragraphs (d) and (f) would be reversed to 
present information in a clearer order.
    Section 201.12 sets out requirements for action requests in a 
nonadjudicative investigation. The Commission proposes to revise the 
section to require that requests be filed electronically and submitted 
in paper form on the same business day.
    Section 201.14 sets out requirements for requests for additional 
hearings, postponements, continuances, and extensions of time. The 
Commission proposes to revise paragraph (b)(3) to require that requests 
be filed electronically and submitted in paper form on the same 
business day.
    Section 201.16 sets out the general requirements for service of 
process and other documents. The Commission proposes to revise 
paragraph (b) of Sec.  201.16 to remove language concerning service on 
the Secretary of paper documents.
    Section 206.2 identifies types of petitions or requests in certain 
Commission proceedings. The Commission proposes to add that petitions 
and requests filed under part 206 of the Commission's rules must be 
filed in paper form and to require the submission of all exhibits, 
appendices, and attachments to the petition or request on certain 
approved electronic media.
    Section 206.8 covers service, filing, and certification of 
documents in certain proceedings. The Commission proposes to add a 
paragraph specifying that briefs filed in such proceedings are to be 
filed electronically and also submitted in paper form on the same 
business day.
    Section 206.17 provides procedures for limited disclosure of 
certain confidential business information under administrative 
protective order. The Commission proposes to revise paragraph (a)(2) of 
the section to provide for electronic filing of administrative 
protective order applications.
    Section 207.7 provides procedures for limited disclosure of certain 
business proprietary information under administrative protective order. 
The Commission proposes to revise paragraph (a)(2) of the section to 
provide for electronic filing of administrative protective order 
applications.
    Section 207.10 addresses the filing of petitions in title VII 
proceedings. The Commission proposes to revise the language of Sec.  
207.10(a) to specify that petitions are to be filed in paper form and 
to require the submission of all exhibits, appendices, and attachments 
to the petition on certain approved electronic media.
    Section 207.15 addresses written briefs and conferences in title 
VII proceedings. The Commission proposes to revise Sec.  207.15 to 
require electronic filing of briefs and submission of a requisite 
number of paper copies on the same business day. The proposed rule also 
would provide for the filing of witness testimony at the conference.
    Section 207.23 addresses prehearing briefs in title VII 
proceedings. The Commission proposes to revise Sec.  207.23 to require 
electronic filing of the prehearing brief and submission of a requisite 
number of paper copies on the same business day.
    Section 207.24 addresses hearing procedures in title VII 
proceedings. The Commission proposes to revise paragraph (b) of Sec.  
207.24 to permit a party to file witness testimony at the hearing.
    Section 207.25 addresses posthearing briefs in title VII 
proceedings. The Commission proposes to revise Sec.  207.25 to require 
electronic filing of briefs and submission of a requisite number of 
paper copies on the same business day.
    Section 207.28 addresses anticircumvention under title VII. The 
Commission proposes to revise Sec.  207.28 to require electronic filing 
of statements and submission of a requisite number of paper copies on 
the same business day.
    Section 207.30 addresses comments on information in certain title 
VII proceedings. The Commission proposes to revise paragraph (b) of 
Sec.  207.30 to require electronic filing of comments and submission of 
a requisite number of paper copies on the same business day.

[[Page 39752]]

    Section 207.61 addresses responses to notices of institution. The 
Commission proposes to add paragraph (e) of Sec.  207.61 to require 
electronic filing of responses and submission of a requisite number of 
paper copies on the same business day.
    Section 207.62 concerns rulings on adequacy and nature of 
Commission review in certain title VII proceedings. The Commission 
proposes to revise paragraph (b)(2) of Sec.  207.62 to require 
electronic filing of comments and submission of a requisite number of 
paper copies on the same business day.
    Section 207.65 addresses prehearing briefs in certain title VII 
proceedings. The Commission proposes to revise Sec.  207.65 to require 
electronic filing of briefs and submission of a requisite number of 
paper copies on the same business day.
    Section 207.67 addresses posthearing briefs and statements in 
certain title VII proceedings. The Commission proposes to revise 
paragraph (a) of Sec.  207.67 to require electronic filing of briefs 
and submission of a requisite number of paper copies on the same 
business day.
    Section 207.68 covers final comments on information in certain 
title VII proceedings. The Commission proposes to revise paragraph (b) 
of Sec.  207.68 to require electronic filing of comments and submission 
of a requisite number of paper copies on the same business day.
    Section 210.4 sets out procedures for written submissions, 
representations, and sanctions in section 337 proceedings. The 
Commission proposes to revise paragraph (f) of Sec.  210.4 to require 
electronic filing of certain documents. Additionally, the Commission 
proposes to require electronic filing of all other written submissions 
and the submission of paper copies of these submissions by noon on the 
next business day.
    Section 210.8 sets out the filing procedures for complaints and 
motions for temporary relief in section 337 proceedings. The Commission 
proposes to revise paragraph (a) of Sec.  210.8 to require paper filing 
of complaints and filing of exhibits, appendices, and attachments to 
complaints on certain approved electronic media.

List of Subjects in 19 CFR Parts 201, 206, 207, and 210

    Administrative practice and procedure, Business and industry, 
Customs duties and inspection, Imports, Investigations.

    For the reasons stated in the preamble, the United States 
International Trade Commission proposes to amend 19 CFR parts 201, 206, 
207, and 210 as follows:

PART 201--RULES OF GENERAL APPLICATION

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: Sec. 335 of the Tariff Act of 1930 (19 U.S.C. 1335), 
and sec. 603 of the Trade Act of 1974 (19 U.S.C. 2482), unless 
otherwise noted.

Subpart B--Initiation and Conduct of Investigations

    2. Amend Sec.  201.8 by revising paragraphs (c), (d), and (f) to 
read as follows:


Sec.  201.8  Filing of documents.

* * * * *
    (c) Specifications for documents. Each document filed under this 
chapter shall be signed, double-spaced, clear and legible, except that 
a document of two pages or less in length need not be double-spaced. 
All submissions shall be in letter-sized format (8.5 x 11 inches), 
except copies of documents prepared for another agency or a court (e.g. 
patent file wrappers or pleadings papers), and single sided. The name 
of the person signing the original shall be typewritten or otherwise 
reproduced on each copy.
    (d) Filing. (1) Except as provided in paragraphs (d)(2) through (7) 
and (f) of this section, all documents filed with the Commission shall 
be filed electronically, and shall be submitted in paper form by 12 
noon eastern time on the next business day. A paper copy provided for 
in this section must be a true and identical copy of the electronic 
version of the document. All filings shall comply with the procedures 
set forth in the Commission's Handbook on Filing Procedures, which is 
available from the Secretary and on the Commission's World Wide Web 
site at https://edis.usitc.gov. Failure to comply with the requirements 
of this chapter and the Handbook on Filing Procedures in the filing of 
a document may result in the rejection of the document as improperly 
filed.
    (2) Briefs, statements, responses, comments, and requests filed 
pursuant to Sec.  201.12, Sec.  201.14, Sec.  206.8, Sec.  207.15, 
Sec.  207.23, Sec.  207.25, Sec.  207.28, Sec.  207.30, Sec.  207.61, 
Sec.  207.62, Sec.  207.65, Sec.  207.67, or Sec.  207.68 of this 
chapter shall be filed electronically and the requisite number of true 
paper copies of these documents shall be submitted to the Commission in 
accordance with the provisions of the applicable section.
    (3) Petitions, complaints, requests, or motions filed under Sec.  
206.2, Sec.  207.10, Sec.  210.4, Sec.  210.8, Sec.  210.75, Sec.  
210.76, or Sec.  210.79 of this chapter shall be filed in paper form 
and exhibits, appendices, and attachments to the documents shall be 
filed in electronic form on CD-ROM, DVD or other portable electronic 
media approved by the Secretary in accordance with the provisions of 
the applicable section. Submitted media will be retained by the 
Commission, except that media may be returned to the submitter if a 
document is not accepted for filing.
    (4) Certain documents filed under Sec.  210.4 shall be filed 
electronically in accordance with the provisions of that section, and 
copies of certain of those documents shall also be submitted in paper 
form as provided in that section.
    (5) Supplementary material and witness testimony provided for under 
Sec.  201.13, Sec.  207.15, or Sec.  207.24 of this chapter shall be 
filed in paper form in accordance with the provisions of the applicable 
section.
    (6) Certain documents filed under Sec.  201.4 of this chapter and 
applications for administrative protective orders filed under 
Sec. Sec.  206.17 and 207.7 of this chapter shall only be filed 
electronically; no paper copies will be required.
    (7) The Secretary may provide for exceptions and modifications to 
the filing requirements set out in this chapter. A person seeking an 
exception should consult the Handbook on Filing Procedures.
* * * * *
    (f) Nonconfidential copies. In the event that confidential 
treatment of a document is requested under Sec.  201.6(b), a 
nonconfidential version of the document shall be filed, in which the 
confidential business information shall have been deleted and which 
shall have been conspicuously marked ``nonconfidential'' or ``public 
inspection.'' The nonconfidential version shall be filed 
electronically, and four (4) true paper copies shall be submitted on 
the same business day. In the event that confidential treatment is not 
requested for a document under Sec.  201.6(b), the document shall be 
conspicuously marked ``No confidential version filed,'' and the 
document shall be filed in accordance with paragraph (d) of this 
section. The name of the person signing the original shall be 
typewritten or otherwise reproduced on each copy.
    3. Revise Sec.  201.12 to read as follows:


Sec.  201.12  Requests.

    Any party to a nonadjudicative investigation may request the 
Commission to take particular action with respect to that 
investigation. Such requests shall be made by letter addressed to the 
Secretary, shall be placed by him in the record, and shall be served on 
all other parties. Such request shall be filed electronically and

[[Page 39753]]

two (2) true paper copies shall be submitted on the same business day. 
The Commission shall take such action or make such response as it deems 
appropriate.
    4. Amend Sec.  201.14 by revising paragraph (b)(3) to read as 
follows:


Sec.  201.14  Computation of time, additional hearings, postponements, 
continuances, and extensions of time.

* * * * *
    (b) * * *
    (3) A request that the Commission take any of the actions described 
in this section shall be filed with the Secretary and served on all 
parties to the investigation. Such request shall be filed 
electronically and two (2) true paper copies shall be submitted on the 
same business day.
    5. Amend Sec.  201.16 by revising paragraph (b) to read as follows:


Sec.  201.16  Service of process and other documents.

* * * * *
    (b) By a party other than the Commission. Except when service by 
another method shall be specifically ordered by the Commission, the 
service of a document of a party shall be effected:
    (1) By mailing or delivering copies of a nonconfidential version of 
the document to each party, or, if the party is represented by an 
attorney before the Commission, by mailing or delivering a 
nonconfidential version thereof to such attorney; or
    (2) By leaving copies thereof at the principal office of each other 
party, or, if a party is represented by an attorney before the 
Commission, by leaving copies at the office of such attorney.
    (3) When service is by mail, it is complete upon mailing of the 
document.
    (4) When service is by mail, it shall be by first class mail, 
postage prepaid. In the event the addressee is outside the United 
States, service shall be by first class airmail, postage prepaid.
* * * * *

PART 206--INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD 
ACTIONS, MARKET DISRUPTION, TRADE DIVERSION, AND REVIEW OF RELIEF 
ACTIONS

    6. The authority citation for part 206 continues to read as 
follows:

    Authority: 19 U.S.C. 1335, 2251-2254, 2451-2451a, 3351-3382; 
secs. 103, 301-302, Pub. L. 103-465, 108 Stat. 4809.

    7. Revise Sec.  206.2 to read as follows:


Sec.  206.2  Identification of type of petition or request and petition 
filing procedures.

    An investigation under this part 206 may be commenced on the basis 
of a petition, request, resolution, or motion as provided in section 
202(a)(1), 204(c)(1), 406(a)(1), 421(b) or (o), or 422(b) of the Trade 
Act of 1974 or section 302(a)(1) or 312(c)(1) of the North American 
Free Trade Agreement Implementation Act. Each petition or request, as 
the case may be, filed by an entity representative of a domestic 
industry under this part 206 shall state clearly on the first page 
thereof ``This is a [petition or request] under section [202, 204(c), 
406, 421(b) or (o), or 422(b) of the Trade Act of 1974, or section 302 
or 312(c) of the North American Free Trade Agreement Implementation 
Act] and Subpart [B, C, D, E, F, or G] of part 206 of the rules of 
practice and procedure of the United States International Trade 
Commission.'' A paper original and eight (8) true paper copies of a 
petition, request, resolution, or motion shall be filed. One copy of 
any exhibits, appendices, and attachments to the document shall be 
filed in electronic form on CD-ROM, DVD, or other portable electronic 
format approved by the Secretary.
    8. Amend Sec.  206.8 by adding paragraph (d) to read as follows:


Sec.  206.8  Service, filing, and certification of documents.

* * * * *
    (d) Briefs. All briefs filed in proceedings subject to this part 
shall be filed electronically, and eight (8) true paper copies shall be 
filed on the same business day.
    9. Amend Sec.  206.17 by revising paragraph (a)(2) to read as 
follows:


Sec.  206.17  Limited disclosure of certain confidential business 
information under administrative protective order.

    (a) * * *
    (2) Application. An application under paragraph (a)(1) of this 
section must be made by an authorized applicant on a form adopted by 
the Secretary or a photocopy thereof. A signed application shall be 
filed electronically. An application on behalf of an authorized 
applicant must be made no later than the time that entries of 
appearance are due pursuant to Sec.  201.11 of this chapter. In the 
event that two or more authorized applicants represent one interested 
party who is a party to the investigation, the authorized applicants 
must select one of their number to be lead authorized applicant. The 
lead authorized applicant's application must be filed no later than the 
time that entries of appearance are due. Provided that the application 
is accepted, the lead authorized applicant shall be served with 
confidential business information pursuant to paragraph (f) of this 
section. The other authorized applicants representing the same party 
may file their applications after the deadline for entries of 
appearance but at least five days before the deadline for filing 
posthearing briefs in the investigation, and shall not be served with 
confidential business information.
* * * * *

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

    10. The authority citation for part 207 continues to read as 
follows:

    Authority: 19 U.S.C. 1336, 1671-1677n, 2482, 3513.

    11. Amend Sec.  207.7 by revising paragraph (a)(2) to read as 
follows:


Sec.  207.7  Limited disclosure of certain business proprietary 
information under administrative protective order.

    (a) * * *
    (2) Application. An application under paragraph (a)(1) of this 
section must be made by an authorized applicant on a form adopted by 
the Secretary or a photocopy thereof. A signed application shall be 
filed electronically. An application on behalf of a petitioner, a 
respondent, or another party must be made no later than the time that 
entries of appearance are due pursuant to Sec.  201.11 of this chapter. 
In the event that two or more authorized applicants represent one 
interested party who is a party to the investigation, the authorized 
applicants must select one of their number to be lead authorized 
applicant. The lead authorized applicant's application must be filed no 
later than the time that entries of appearance are due. Provided that 
the application is accepted, the lead authorized applicant shall be 
served with business proprietary information pursuant to paragraph (f) 
of this section. The other authorized applicants representing the same 
party may file their applications after the deadline for entries of 
appearance but at least five days before the deadline for filing 
posthearing briefs in the investigation, or the deadline for filing 
briefs in the preliminary phase of an investigation, or the deadline 
for filing submissions in a remanded investigation, and shall not be 
served with business proprietary information.
* * * * *

[[Page 39754]]

    12. Amend Sec.  207.10 by revising paragraph (a) to read as 
follows:


Sec.  207.10  Filing of petition with the Commission.

    (a) Filing of the petition. Any interested party who files a 
petition with the administering authority pursuant to section 702(b) or 
section 732(b) of the Act in a case in which a Commission determination 
under title VII of the Act is required, shall file copies of the 
petition, including all exhibits, appendices, and attachments thereto, 
pursuant to 201.8 of this chapter, with the Secretary on the same day 
the petition is filed with the administering authority. A paper 
original and eight (8) true paper copies of a petition shall be filed. 
One copy of all exhibits, appendices, and attachments to the petition 
shall be filed in electronic form on CD-ROM, DVD, or other portable 
electronic format approved by the Secretary. If the petition complies 
with the provisions of Sec.  207.11, it shall be deemed to be properly 
filed on the date on which the requisite number of copies of the 
petition is received by the Secretary, provided that, if the petition 
is filed with the Secretary after 12:00 noon, eastern time, the 
petition shall be deemed filed on the next business day. The Secretary 
shall notify the administering authority of that date. Notwithstanding 
Sec.  201.11 of this chapter, a petitioner need not file an entry of 
appearance in the investigation instituted upon the filing of its 
petition, which shall be deemed an entry of appearance.
* * * * *
    13. Revise Sec.  207.15 to read as follows:


Sec.  207.15  Written briefs and conference.

    Each party may submit to the Commission on or before a date 
specified in the notice of investigation issued pursuant to 207.12 a 
written brief containing information and arguments pertinent to the 
subject matter of the investigation. Briefs shall be signed, shall 
include a table of contents, and shall contain no more than fifty (50) 
double-spaced and single-sided pages of textual material, and shall be 
filed electronically, and eight (8) true paper copies shall be 
submitted on the same business day (on paper measuring 8.5 x 11 inches, 
double-spaced and single-sided). Any person not a party may submit a 
brief written statement of information pertinent to the investigation 
within the time specified and the same manner specified for the filing 
of briefs. In addition, the presiding official may permit persons to 
file within a specified time answers to questions or requests made by 
the Commission's staff. If he deems it appropriate, the Director shall 
hold a conference. The conference, if any, shall be held in accordance 
with the procedures in Sec.  201.13 of this chapter, except that in 
connection with its presentation a party may provide written witness 
testimony at the conference; if written testimony is provided, eight 
(8) true paper copies shall be submitted. The Director may request the 
appearance of witnesses, take testimony, and administer oaths.
    14. Revise Sec.  207.23 to read as follows:


Sec.  207.23  Prehearing brief.

    Each party who is an interested party shall submit to the 
Commission, no later than five (5) business days prior to the date of 
the hearing specified in the notice of scheduling, a prehearing brief. 
Prehearing briefs shall be signed and shall include a table of contents 
and shall be filed electronically, and eight (8) true paper copies 
shall be submitted on the same business day. The prehearing brief 
should present a party's case concisely and shall, to the extent 
possible, refer to the record and include information and arguments 
which the party believes relevant to the subject matter of the 
Commission's determination under section 705(b) or section 735(b) of 
the Act. Any person not an interested party may submit a brief written 
statement of information pertinent to the investigation within the time 
specified and the same manner specified for filing of prehearing 
briefs.
    15. Amend Sec.  207.24 by revising paragraph (b) to read as 
follows:


Sec.  207.24  Hearing.

* * * * *
    (b) Procedures. Any hearing shall be conducted after notice 
published in the Federal Register. The hearing shall not be subject to 
the provisions of 5 U.S.C. subchapter II, chapter 5, or to 5 U.S.C. 
702. Each party shall limit its presentation at the hearing to a 
summary of the information and arguments contained in its prehearing 
brief, an analysis of the information and arguments contained in the 
prehearing briefs described in Sec.  207.23, and information not 
available at the time its prehearing brief was filed. Unless a portion 
of the hearing is closed, presentations at the hearing shall not 
include business proprietary information. Notwithstanding Sec.  
201.13(f) of this chapter, in connection with its presentation, a party 
may provide witness testimony at the hearing; if written testimony is 
provided, eight (8) true paper copies shall be submitted. In the case 
of testimony to be presented at a closed session held in response to a 
request under Sec.  207.24(d), confidential and non-confidential 
versions shall be filed in accordance with Sec.  207.3. Any person not 
a party may make a brief oral statement of information pertinent to the 
investigation.
* * * * *
    16. Revise Sec.  207.25 to read as follows:


Sec.  207.25  Posthearing briefs.

    Any party may file a posthearing brief concerning the information 
adduced at or after the hearing with the Secretary within a time 
specified in the notice of scheduling or by the presiding official at 
the hearing. A posthearing brief shall be filed electronically, and 
eight (8) true paper copies shall be submitted on the same business 
day. No such posthearing brief shall exceed fifteen (15) pages of 
textual material, double-spaced and single-sided, when printed out on 
paper measuring 8.5 x 11 inches. In addition, the presiding official 
may permit persons to file answers to questions or requests made by the 
Commission at the hearing within a specified time. The Secretary shall 
not accept for filing posthearing briefs or answers which do not comply 
with this section.
    17. Revise Sec.  207.28 to read as follows:


Sec.  207.28  Anticircumvention.

    Prior to providing advice to the administering authority pursuant 
to section 781(e)(3) of the Act, the Commission shall publish in the 
Federal Register a notice that such advice is contemplated. Any person 
may file one written submission concerning the matter described in the 
notice no later than fourteen (14) days after publication of the 
notice. Such a statement shall be filed electronically, and eight (8) 
true paper copies shall be submitted on the same business day. The 
statement shall contain no more than fifty (50) double-spaced and 
single-sided pages of textual material, when printed out on paper 
measuring 8.5 x 11 inches. The Commission shall by notice provide for 
additional statements as it deems necessary.
    18. Amend Sec.  207.30 by revising paragraph (b) to read as 
follows:


Sec.  207.30  Comment on information.

* * * * *
    (b) The parties shall have an opportunity to file comments on any 
information disclosed to them after they have filed their posthearing 
brief pursuant to Sec.  207.25. A comment shall be filed 
electronically, and eight (8) true paper copies shall be submitted on 
the same business day. Comments shall only concern such information, 
and

[[Page 39755]]

shall not exceed 15 pages of textual material, double-spaced and 
single-sided, when printed out on paper measuring 8.5 x 11 inches. A 
comment may address the accuracy, reliability, or probative value of 
such information by reference to information elsewhere in the record, 
in which case the comment shall identify where in the record such 
information is found. Comments containing new factual information shall 
be disregarded. The date on which such comments must be filed will be 
specified by the Commission when it specifies the time that information 
will be disclosed pursuant to paragraph (a) of this section. The record 
shall close on the date such comments are due, except with respect to 
investigations subject to the provisions of section 771(7)(G)(iii) of 
the Act, and with respect to changes in bracketing of business 
proprietary information in the comments permitted by Sec.  207.3(c).
    19. Amend Sec.  207.61 by adding paragraph (e) to read as follows:


Sec.  207.61  Responses to notice of institution.

* * * * *
    (e) A document filed under this section shall be filed 
electronically, and eight (8) true paper copies shall be submitted on 
the same business day.
    20. Amend Sec.  207.62 by revising paragraph (b)(2) to read as 
follows:


Sec.  207.62  Rulings on adequacy and nature of Commission review.

* * * * *
    (b) * * *
    (2) Comments shall be submitted within the time specified in the 
notice of institution. In a grouped review, only one set of comments 
shall be filed per party. Comments shall be filed electronically, and 
eight (8) true paper copies shall be submitted on the same business 
day. Comments shall not exceed fifteen (15) pages of textual material, 
double spaced and single sided, when printed out on paper measuring 8.5 
x 11 inches. Comments containing new factual information shall be 
disregarded.
* * * * *
    21. Revise Sec.  207.65 to read as follows:


Sec.  207.65  Prehearing briefs.

    Each party to a five-year review may submit a prehearing brief to 
the Commission on the date specified in the scheduling notice. A 
prehearing brief shall be signed and shall include a table of contents. 
A prehearing brief shall be filed electronically, and eight (8) true 
paper copies shall be submitted (on paper measuring 8.5 x 11 inches and 
single-sided) on the same business day. The prehearing brief should 
present a party's case concisely and shall, to the extent possible, 
refer to the record and include information and arguments which the 
party believes relevant to the subject matter of the Commission's 
determination.
    22. Amend Sec.  207.67 by revising paragraph (a) to read as 
follows:


Sec.  207.67  Posthearing briefs and statements.

    (a) Briefs from parties. Any party to a five-year review may file 
with the Secretary a posthearing brief concerning the information 
adduced at or after the hearing within a time specified in the 
scheduling notice or by the presiding official at the hearing. A 
posthearing brief shall be filed electronically, and eight (8) true 
paper copies shall be submitted on the same business day. No such 
posthearing brief shall exceed fifteen (15) pages of textual material, 
double spaced and single sided, when printed out on paper measuring 8.5 
x 11 inches and single-sided. In addition, the presiding official may 
permit persons to file answers to questions or requests made by the 
Commission at the hearing within a specified time. The Secretary shall 
not accept for filing posthearing briefs or answers which do not comply 
with this section.
* * * * *
    23. Amend Sec.  207.68 by revising paragraph (b) to read as 
follows:


Sec.  207.68  Final comments on information.

* * * * *
    (b) The parties shall have an opportunity to file comments on any 
information disclosed to them after they have filed their posthearing 
brief pursuant to Sec.  207.67. Comments shall be filed electronically, 
and eight (8) true paper copies shall be submitted on the same business 
day. Comments shall only concern such information, and shall not exceed 
15 pages of textual material, double spaced and single-sided, when 
printed out on paper measuring 8.5 x 11 inches and single-sided. A 
comment may address the accuracy, reliability, or probative value of 
such information by reference to information elsewhere in the record, 
in which case the comment shall identify where in the record such 
information is found. Comments containing new factual information shall 
be disregarded. The date on which such comments must be filed will be 
specified by the Commission when it specifies the time that information 
will be disclosed pursuant to paragraph (a) of this section. The record 
shall close on the date such comments are due, except with respect to 
changes in bracketing of business proprietary information in the 
comments permitted by Sec.  207.3(c).

PART 210--ADJUDICATION AND ENFORCEMENT

    24. The authority citation for part 210 continues to read as 
follows:

    Authority:  19 U.S.C. 1333, 1335, and 1337.

    25. Amend Sec.  210.4 by revising paragraphs (f)(1) and (2) and 
adding paragraph (f)(4) to read as follows:


Sec.  210.4  Written submissions; representations; sanctions.

* * * * *
    (f) Specifications; filing of documents. (1)(i) Written submissions 
that are addressed to the Commission during an investigation or a 
related proceeding shall comply with Sec.  201.8 of this chapter and 
the Commission's Handbook on Filing Procedures. Responses to a 
complaint, briefs, comments and responses thereto, compliance reports, 
motions and response or replies thereto, petitions and replies thereto, 
prehearing statements, and proposed findings of fact and conclusions of 
law and responses thereto provided for under 210.4(d), 210.13, 210.14, 
210.15, 210.16, 210.17, 210.18, 210.19, 210.20, 210.21, 210.23, 210.24, 
210.25, 210.26, 210.33, 210.34, 210.35, 210.36, 210.40, 210.43, 210.45, 
210.46, 210.47, 210.50, 210.52, 210.53, 210. 57, 210.59, or 210.71; and 
submissions pursuant to an order of the presiding administrative law 
judge shall be filed electronically, and true paper copies of such 
submissions shall be filed by 12 noon, eastern time, on the next 
business day. Except for the above-listed documents and complaints, 
petitions, and requests filed under Sec.  210.8, Sec.  210.75, Sec.  
210.76, or Sec.  210.79, all other documents shall be filed 
electronically, and no paper copies will be required. If paper copies 
are required under this section, the required number of paper copies 
shall be governed by paragraph (f)(2) of this section. Typed matter 
shall not exceed 6.5 x 9.5 inches using 11-point or larger type and 
shall be double-spaced between each line of text using the standard of 
6 lines of type per inch. Text and footnotes shall be in the same size 
type. Quotations more than two lines long in the text or footnotes may 
be indented and single-spaced. Headings and footnotes may be single-
spaced.
    (ii) The administrative law judge may impose any specifications he 
deems appropriate for submissions that are addressed to the 
administrative law judge.
    (2) Unless the Commission or this part specifically states 
otherwise:

[[Page 39756]]

    (i) The original and two (2) true paper copies of each submission 
shall be filed if the investigation or related proceeding is before an 
administrative law judge; and
    (ii) The original and eight (8) true paper copies of each 
submission shall be filed if the investigation or related proceeding is 
before the Commission, except that a submitter shall file the original 
and 6 copies of any exhibits filed with a request or petition for 
related proceedings under Sec.  210.75, Sec.  210.76, or Sec.  210.79.
* * * * *
    (4) A complaint, petition, or request filed under Sec.  210.75, 
Sec.  210.76, or Sec.  210.79 shall be filed in paper form. An original 
and eight (8) true paper copies shall filed in accordance with this 
paragraph (f). All exhibits, appendices, and attachments to the 
document shall be filed in electronic form on CD-ROM, DVD, or other 
portable electronic media approved by the Secretary.
* * * * *
    26. Amend Sec.  210.8 by revising paragraph (a) to read as follows:


Sec.  210.8  Commencement of preinstitution proceedings.

* * * * *
    (a)(1) A complaint filed under this section shall be filed in paper 
form. An original and eight (8) true paper copies shall filed in 
accordance with Sec.  201.8(c). All exhibits, appendices, and 
attachments to the complaint shall be filed in electronic form on CD-
ROM, DVD, or other portable electronic media approved by the Secretary.
    (2) If the complainant is seeking temporary relief, the complainant 
must also file an original and eight paper (8) copies of the motion for 
temporary relief in accordance with Sec.  201.8(c). All exhibits, 
appendices, and attachments to the motion shall be filed in electronic 
form on CD-ROM, DVD, or other portable electronic media approved by the 
Secretary.
* * * * *

     Issued: June 24, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-16360 Filed 7-5-11; 8:45 am]
BILLING CODE 7020-02-P