Practice and Procedure: Rules of General Application, Safeguards, Antidumping and Countervailing Duty, and Adjudication and Enforcement, 61937-61946 [2011-25646]

Download as PDF Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations submit information on the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/ MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Laurel May at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on a change to the salable quantity and allotment percentage for both Scotch and Native spearmint oil for the 2011– 2012 marketing year. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee’s recommendation, and other information, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) This rule increases the quantity of Scotch and Native spearmint oil that may be marketed during the marketing year, which ends on May 31, 2012; (2) the current quantity of Scotch and Native spearmint oil may be inadequate to meet demand for the 2011–2012 marketing year, thus making the additional oil available as soon as is practicable will be beneficial to both handlers and producers; (3) the Committee recommended these changes at a public meeting and interested parties had an opportunity to provide input; and (4) this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. wreier-aviles on DSK7SPTVN1PROD with RULES List of Subjects in 7 CFR Part 985 Marketing agreements, Oils and fats, Reporting and recordkeeping requirements, Spearmint oil. For the reasons set forth in the preamble, 7 CFR part 985 is amended as follows: VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 PART 985—MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL PRODUCED IN THE FAR WEST 1. The authority citation for 7 CFR part 985 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. In § 985.230, paragraphs (a) and (b) are revised to read as follows: ■ Note: This section will not appear in the annual Code of Federal Regulations. § 985.230 Salable quantities and allotment percentages—2011–2012 marketing year. * * * * * (a) Class 1 (Scotch) oil—a salable quantity of 733,913 pounds and an allotment percentage of 36 percent. (b) Class 3 (Native) oil—a salable quantity of 1,266,161 pounds and an allotment percentage of 55 percent. Dated: September 30, 2011. Ellen King, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2011–25812 Filed 10–5–11; 8:45 am] BILLING CODE 3410–02–P 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 International Trade Commission. ACTION: Final rule. AGENCY: The United States International Trade Commission (‘‘Commission’’) is amending 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 amendments are to increase efficiency in processing documents filed with the Commission, reduce Commission expenditures, and conform agency processes to Federal Government initiatives. DATES: Effective November 7, 2011. FOR FURTHER INFORMATION CONTACT: James R. Holbein, Secretary, telephone (202) 205–2000 or Gracemary RothRoffy, telephone (202) 205–3117, Office of the General Counsel, United States SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 61937 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 http://www.usitc.gov. SUPPLEMENTARY INFORMATION: On July 6, 2011, the Commission published a notice of proposed rulemaking concerning the filing of documents with the agency. 76 FR 39750, July 6, 2011. This notice of final rulemaking is based on that notice. On the same day, the Commission published a notice seeking public comment on a draft Handbook on Electronic Filing Procedures. 76 FR 39757, July 6, 2011. The preamble below is designed to assist readers in understanding these amendments to the Commission’s Rules. This preamble provides background information, a regulatory analysis of the amendments, a discussion of the comments received from the public, and a section-bysection explanation of the amendments. 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 is amending 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). Consistent with its ordinary practice, the Commission is issuing these amendments in accordance with provisions of section 553 of the APA (5 U.S.C. 553), although not all provisions apply 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 will now require that most filings with the agency be made by electronic means. The electronic version will constitute the E:\FR\FM\06OCR1.SGM 06OCR1 wreier-aviles on DSK7SPTVN1PROD with RULES 61938 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations 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. Previously, submitters have been permitted to file only public documents into EDIS. The new rules provide for the electronic filing of documents containing confidential business information and business proprietary information into EDIS. A new 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 has sought 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 process because documents will be entered 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. The agency will allow some documents to be filed in paper form by noon on the next business day. Moreover, witness testimony and hearing materials in import injury investigations and reviews will be submitted only in paper form, and public versions of testimony will be accepted at the relevant conference or hearing. The rules will provide the Secretary to the Commission with the authority to establish exceptions and modifications to the requirement to electronically file documents, as more fully described in the Handbook on Filing Procedures. The 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. VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 Regulatory Analysis 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 chose to publish a notice of proposed rulemaking, these 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 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 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 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. Comments The Commission received 10 sets of comments on the notice of proposed rulemaking. Commenters generally made comments both on that notice and on the related notice concerning the Handbook. Comments were received from Adduci, Mastriani, & Schaumberg LLP (AMS); the American Bar Association Section of Intellectual Property (ABA); the American Intellectual Property Law Association (AIPLA); the Customs and International Trade Bar Association (CITBA); Hughes Hubbard & Reed LLP (Hughes Hubbard); PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 the ITC Trial Lawyers Association (ITC TLA); Kelley Drye & Warren (Kelley Drye); Stewart and Stewart; Wiley Rein LLP, on behalf of Nucor Corporation (Wiley Rein); and Williams Mullen. Issues raised in the comments will be addressed in this section. The section first addresses comments made by two or more commenters on the same issue, then addresses unique comments made by one commenter. The Commission appreciates the comments received, and the thoughtful and thorough analysis on which they are based. Comments on Paper Filing Requirement AMS, the CITBA, Hughes Hubbard, the ITC TLA, Kelley Drye, Wiley Rein, and Williams Mullen oppose requiring the submission of paper copies of documents in addition to their electronic filing. Several commenters pointed to government-wide initiatives that support moving to electronic filing. CITBA contends that the Commission’s new procedure will increase the burden on submitters. CITBA, among others, cites as examples that entries of appearance and public versions of confidential filings, that in the past could have been filed electronically, will now have to be filed both electronically and in paper form. Hughes Hubbard, Kelley Drye, and Wiley Rein submit that the Commission will incur storage costs for paper copies. Hughes Hubbard suggests that, if the paper filing requirement is retained, the number of required copies should be reduced from eight to four. AMS suggests requiring one paper copy, and setting an end date for the requirement. AMS suggests that the new policy may result in increased costs and reduced efficiency for the Commission. Kelley Drye and Wiley Rein warn that the Commission will need to verify that electronic and paper submissions are correct, and deal with problems arising from improper filings. Wiley Rein expresses the concern that the requirement to simultaneously file electronically and submit paper copies will lead to an increase in filing problems such as administrative protective order violations. Wiley Rein expresses the concern that the proposed rules and Handbook did not explain (1) The status of a filing where the paper version is timely received but not the electronic version, or vice versa; (2) the process to follow where there are differences between the versions, and (3) whether a special process will be used if business proprietary information is redacted in one version but not the other. Wiley Rein notes that, although electronic filing of business proprietary data appears to be required, it is not E:\FR\FM\06OCR1.SGM 06OCR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations explicitly stated, and the Commission has not explained whether proprietary data must be marked and controlled to ensure against unauthorized access. In developing its new filing policy, the Commission seeks to meet its needs for filings in particular formats without unduly burdening submitters. As a preliminary matter, the Commission confirms that the electronic filing requirement covers documents containing business proprietary or confidential business information. EDIS currently provides for specifying whether a document contains confidential information, and blocks access by members of the public to such documents. Language is being added to the Handbook to more fully address the filing of confidential material. The Commission recognizes the arguments for moving fully to electronic filing. However, after careful consideration, the Commission has decided that the paper copies it will require are currently necessary for carrying out the agency’s functions. At the present time, eight paper copies—a reduction from fourteen—are needed. The copies are provided to each Commissioner’s office as well as relevant staff offices. Commission proceedings operate under very short deadlines and filings are voluminous. Paper copies are needed to ensure that staff and decision-makers can efficiently and fully review and analyze submissions in such short time periods. It is not practicable for the agency to print out paper copies of complicated documents for Commissioners and staff as rapidly as they are needed. Such documents often include tabbed sections, appendices, and color graphics, and the parties are in a better position to present the paper versions of their filings in the manner they intend them to be presented. Storage costs should not be substantial, because the Commission’s records disposition schedule allows for prompt destruction of paper copies after the proceeding is completed. To the extent that the requirement to simultaneously file electronically and submit paper copies poses a problem for submitters, the Commission urges submitters to consult with the Secretary to help ensure that filings are accomplished correctly. However, in the interest of reducing the burden on submitters, the Commission will not require certain documents, such as entries of appearance, to be filed in paper form. In addition, as the Commission periodically reviews its regulations, it may revisit the filing requirement after it has had a chance to function for a time, and may make further changes to VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 the requirement as warranted by experience. However, the Commission cannot yet specify a schedule for this review. The Commission wishes to emphasize that all of the requirements relating to filing of documents will be enforced. In particular, the failure to redact business proprietary information from the electronic version of a document may constitute a breach of the administrative protective order whether or not the redaction was done properly in the paper copies; the same would be true if the problem appeared in the paper copies. Comments on the Filing of Petitions Hughes Hubbard, Kelley Drye, and Williams Mullen suggest that the Commission require that petitions in import injury proceedings be filed electronically. Kelley Drye indicates that the proposed rulemaking did not make clear whether exhibits and attachments would need to be in paper form as well as on electronic media. They also believe that it was not clear whether eight paper copies of the petition are required. Because of the special handling that petitions require, electronic filing of such documents would not meet the agency’s needs at this time. However, with respect to exhibits, appendices, and attachments to petitions, the Commission requires these documents to be filed only on electronic media and not in paper form. The Commission requires that the original plus eight paper copies of the confidential version of the petition and four paper copies of the public version of the petition must be filed. Comments on the ‘‘One-Day Rule’’ AMS, the CITBA, Hughes Hubbard, Kelley Drye, Wiley Rein, and Williams Mullen urge the Commission to retain the one-day rule on the filing of public versions of confidential documents in import injury proceedings. The Commission did not intend to eliminate this rule, which the agency agrees serves a valuable function. The Commission is clarifying in its Handbook that the oneday rule has been retained. Comments on Filing Requirements in Section 337 Proceedings The AIPLA and the ABA suggest that the Commission clarify the filing requirements in section 337 proceedings by setting out those requirements in section 210.4(f), rather than employing cross-references among several rules. The final rules adopt the suggested approach to address this concern. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 61939 AMS, the AIPLA and the ABA express the concern that the proposed rules imply the creation of a same-day rule for filing the public version of a confidential submission. In a similar vein, the ITC TLA urges the Commission to not require the filing of public versions of all confidential documents. The Commission did not intend to create such a general requirement. However, the rules already provide for the filing of public versions of some confidential filings. The AIPLA and the ABA suggest replacing in section 210.4(f) ‘‘submissions pursuant to an order of the presiding’’ ALJ with ‘‘submissions filed with the Secretary pursuant to an order of the presiding ALJ.’’ The ITC TLA makes a similar comment. The ABA suggests making a similar revision to section II(C) of the Handbook. The Commission has adopted this suggestion. The AIPLA, the ABA, and the ITC TLA suggest clarifying whether the Commission is removing the requirement to submit copies of the complaint for service on parties and embassies. The Commission does not intend to remove this requirement, and is reflecting this clarification in its rules. The AIPLA and the ABA suggest deleting new section II(J)(3) of the Handbook as unnecessarily onerous. The ITC TLA suggests that the requirement is particularly difficult for counsel not resident in Washington, DC. The Commission has modified that section to simplify the procedure. The ABA suggests clarifying in section 210.8 whether the Commission intends to remove procedures for the separation of confidential and nonconfidential versions of documents such as complaints, and for submitting multiple copies of exhibits, appendices, and attachments. The ITC TLA similarly indicates that the proposed rules appear to eliminate the requirement to separate the public and confidential versions of the complaint. The Commission does not intend to remove the requirement to separate the public and confidential versions of documents, and is clarifying this point in its rules. Comments Relating to Service The AIPLA and the ABA suggest removing the requirement in section II(K) of the Handbook that parties obtain approval of the presiding administrative law judge in order to effect electronic service. The AIPLA offers a proposed amendment to section 201.16(f) to streamline service. The ABA suggests adding electronic service on lead counsel as a default method of service. Stewart and Stewart urges the E:\FR\FM\06OCR1.SGM 06OCR1 61940 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations Commission to consider allowing parties to serve public documents electronically if other parties consent to such service, and requesting that parties include in their entries of appearance a statement on whether they consent. The ITC TLA urges the Commission to clarify the discussion of service in the Handbook with respect to whether permission is required for electronic service during the Commission review phase of a section 337 proceeding, and whether such service requires the consent of both the presiding administrative law judge and the relevant party. The Commission has determined to amend its rule on service to remove the requirement for obtaining the consent of the Secretary or the presiding administrative law judge in order to effect service electronically. A party will be able to opt out of being served electronically by notifying the Secretary or the administrative law judge, and the other parties to a proceeding. Comment Relating to Agency Closure The ABA suggests that section II(C)(4) of the Handbook be revised to adopt a default filing date of the next business day in the event of a closure of the Commission, regardless of whether the electronic docketing system is operational. The ITC TLA makes a similar comment. The Commission has adopted the suggestion. Adduci, Mastriani, & Schaumberg LLP AMS notes that the reproduction of items on EDIS beyond fair use requires the registered user’s permission. Paragraph L of the Handbook addresses copyright issues. wreier-aviles on DSK7SPTVN1PROD with RULES The American Intellectual Property Law Association The AIPLA proposes to replace ‘‘copies’’ with ‘‘a copy’’ in section 201.16. The Commission has adopted this suggestion. The AIPLA suggests replacing the term ‘‘true copies.’’ The Commission believes that the term is clearer than the proposed alternative, but has added clarifying language to its rules. The AIPLA suggests clarifying in section II(c)(4) of the Handbook how a submitter is to notify the Secretary of a technical failure at a time when the agency is closed but EDIS is operational. The Commission believes that this clarification is not needed in view of the fact that the Commission will extend electronic filing deadlines to the next business day after the agency closure. VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 The American Bar Association Section of Intellectual Property The ABA suggests adding a provision to section II(C) of the Handbook stating that, in case of a conflict between the Handbook and the instructions issued by the presiding administrative law judge, the latter controls. The Commission is including such a provision in the Handbook, but notes that if the conflict is between the administrative law judge’s ground rules and the Commission’s rules, the latter control. Hughes Hubbard & Reed LLP Hughes Hubbard urges the Commission to set the deadline for electronic filing at midnight on the relevant day, rather than at 5:15 p.m. The Commission needs to retain the existing deadline in order to ensure proper receipt and tracking of electronic filings. Hughes Hubbard recommends that the Commission extend the procedure for reporting an EDIS failure to the reporting of a technical failure in the submitter’s system. The Commission is not adopting this change, because of the difficulty of determining whether a submitter’s system has failed. Hughes Hubbard suggests that the Commission develop a standard e-filing declaration concerning technical failures. The Commission considers that such a form may not be practical, because of the variety of circumstances that may arise. Hughes Hubbard suggests that the Commission add ‘‘(unless otherwise authorized by the Commission)’’ to the rule on posthearing briefs. The Commission does not believe that this addition is necessary, because the Commission, pursuant to section 201.4, has the authority to modify its page limit requirements where a particular instance so warrants. The ITC Trial Lawyers Association The ITC TLA urges the Commission to make clear whether and how confidential business information is to be filed electronically. The Commission confirms that the electronic filing requirement covers documents containing business proprietary or confidential business information. EDIS currently provides for specifying whether a document contains confidential information, and blocks access by members of the public to such documents. Language is being added to the Handbook to more fully address the filing of confidential material. The ITC TLA requests clarification of the relationship between copies PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 provided for in sections 201.14 and 210.4 and copies required under the ground rules of the presiding administrative law judge. The copies provided for in the Commission rules are distinct and in addition to any copies required in ground rules. The ITC TLA suggests specifying how many copies are required of the exhibits, appendices, and attachments to a complaint. The Commission will only require a single copy of such documents on CD–ROM or other approved media. If the documents contain confidential business information, however, a public version shall be filed on separate media. The ITC TLA recommends that the Handbook specify that the Commission rules control in any conflict between the Handbook and the rules. The Handbook contains such a statement. The ITC TLA suggests specifying in section H(1) of the Handbook whether a submitter is required to perform optical character recognition prior to submitting a document. The Commission does not require submitters to perform such a process. The ITC TLA suggests clarifying the term ‘‘attestation’’ as used in the Handbook. To avoid confusion, the term ‘‘attest’’ is being replaced by ‘‘certify,’’ a term that is already used in the rules, such as in 19 CFR 201.6. The ITC TLA suggests clarifying the Appendix to the Handbook by specifying that certain categories do not refer to section 337 documents. The Appendix has been revised to clearly distinguish between instructions for filing section 337 documents and instructions for other filings. Wiley Rein LLP Wiley Rein urges the Commission to not adopt the proposed regulations and Handbook in their present form. Instead, Wiley Rein suggests that the Commission (1) Undertake additional review and then publish a new proposal for public comment, (2) revise its rules to permit electronic-only filing, or (3) permit electronic filing one day after all paper submissions. As discussed above, the Commission has decided that it must require electronic filing and the submission of paper copies of certain documents at this time. The Commission considers that these processes must be simultaneous in import injury proceedings due to the short timeframe and to facilitate review by the Commissioners and staff in these proceedings. The Commission is issuing this notice of final rulemaking rather than a new proposal for comment because it wishes to implement its new requirement as soon as possible, with E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations the attendant benefits described in the notice of proposed rulemaking. Wiley Rein suggests that the Commission provide more detail concerning the filing of voluminous documents, such as by emulating the Commerce Department, which provides for special handling of documents over 500 pages in length. The Commission does not believe that further guidance is necessary, because EDIS is capable of handling voluminous documents such as documents containing 500 pages. 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 amends 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 § 201.8 by revising paragraphs (a), (c), (d), and (f) to read as follows: ■ wreier-aviles on DSK7SPTVN1PROD with RULES § 201.8 Filing of documents. (a) Applicability; where to file; date of filing. This section applies to all Commission proceedings except, notwithstanding any other section of this chapter, those conducted under 19 U.S.C. 1337, which are covered by requirements set out in part 210 of this chapter. Documents shall be filed at the office of the Secretary of the Commission in Washington, DC. Such documents, if properly filed within the hours of operation specified in § 201.3(c), will be deemed to be filed on the date on which they are actually received in the Commission. * * * * * (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. pleadings VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 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 (6) and (f) of this section, all documents filed with the Commission shall be filed electronically. Completion of filing requires the submission of paper copies by 12 noon, eastern time, on the next business day. A paper copy provided for in this section must be a true copy of the electronic version of the document, i.e., a copy that is identical in all possible respects. 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 Electronic Document Information System Web site at https:// edis.usitc.gov. Failure to comply with the requirements of this chapter and the Handbook on Filing Procedures that apply to 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 § 201.12, § 201.14, § 206.8, § 207.15, § 207.23, § 207.25, § 207.28, § 207.30, § 207.61, § 207.62, § 207.65, § 207.67, or § 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 and requests filed under § 206.2 or § 207.10 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) Supplementary material and witness testimony provided for under § 201.13, § 207.15, or § 207.24 of this chapter shall be filed in paper form in accordance with the provisions of the applicable section. (5) Certain documents filed under § 201.4 of this chapter and applications for administrative protective orders filed under §§ 206.17 and 207.7 of this chapter shall only be filed electronically; no paper copies will be required. (6) The Secretary may provide for exceptions and modifications to the filing requirements set out in this chapter. A person seeking an exception PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 61941 should consult the Handbook on Filing Procedures. (7) During any period in which the Commission is closed, deadlines for filing documents electronically and by other means are extended so that documents are due on the first business day after the end of the closure. * * * * * (f) Nonconfidential copies. In the event that confidential treatment of a document is requested under § 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 as this electronic filing, except as provided in § 206.8 or § 207.3 of this chapter. In the event that confidential treatment is not requested for a document under § 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 § 201.12 to read as follows: § 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 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 § 201.14 by revising paragraph (b)(3) to read as follows: § 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. E:\FR\FM\06OCR1.SGM 06OCR1 61942 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations 5. Amend § 201.16 by revising paragraphs (b) and (f) to read as follows: ■ § 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 a copy 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 a copy thereof at the principal office of each other party, or, if a party is represented by an attorney before the Commission, by leaving a copy 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. * * * * * (f) Electronic service. Parties may serve documents by electronic means in all matters before the Commission. Parties may effect such service on any party, unless that party has, upon notice to the Secretary and to all parties, stated that it does not consent to electronic service. If electronic service is used, paragraphs (b), (d), and (e) of this section shall not apply. However, any dispute that arises among parties regarding electronic service must be resolved by the parties themselves, without the Commission’s involvement. * * * * * 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: ■ wreier-aviles on DSK7SPTVN1PROD with RULES 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 § 206.2 to read as follows: § 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), VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 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 § 206.8 by adding paragraph (d) to read as follows: § 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 § 206.17 by revising paragraph (a)(2) to read as follows: § 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 § 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 § 207.7 by revising paragraph (a)(2) to read as follows: ■ § 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 § 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. * * * * * ■ 12. Amend § 207.10 by revising paragraph (a) to read as follows: E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations § 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 and 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 § 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 § 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 § 207.15 to read as follows: wreier-aviles on DSK7SPTVN1PROD with RULES § 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 singlesided). 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 VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 be held in accordance with the procedures in § 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 § 207.23 to read as follows: § 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 § 207.24 by revising paragraph (b) to read as follows: § 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 § 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 § 201.13(f) of this chapter, in connection with its presentation, a party may provide written 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 § 207.24(d), confidential and nonconfidential versions shall be filed in PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 61943 accordance with § 207.3. Any person not a party may make a brief oral statement of information pertinent to the investigation. * * * * * ■ 16. Revise § 207.25 to read as follows: § 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 § 207.28 to read as follows: § 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 singlesided 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 § 207.30 by revising paragraph (b) to read as follows: § 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 § 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 shall not exceed 15 pages of textual material, double-spaced and singlesided, when printed out on paper measuring 8.5 x 11 inches. A comment E:\FR\FM\06OCR1.SGM 06OCR1 61944 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations 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 § 207.3(c). ■ 19. Amend § 207.61 by adding paragraph (e) to read as follows: which the party believes relevant to the subject matter of the Commission’s determination. ■ 22. Amend § 207.67 by revising paragraph (a) to read as follows: § 207.67 Posthearing briefs and statements. § 207.62 Rulings on adequacy and nature of Commission review. (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 § 207.68 by revising paragraph (b) to read as follows: * § 207.68 § 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 § 207.62 by revising paragraph (b)(2) to read as follows: * * * * (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 § 207.65 to read as follows: wreier-aviles on DSK7SPTVN1PROD with RULES § 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 VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 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 § 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 singlesided, when printed out on paper measuring 8.5 x 11 inches and singlesided. 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 § 207.3(c). PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 § 210.4 by revising paragraphs (f)–(g) and adding paragraphs (h)–(i) to read as follows: ■ § 210.4 Written submissions; representations; sanctions. * * * * * (f) Filing of documents. (1) Written submissions that are addressed to the Commission during an investigation or a related proceeding shall comply with the Commission’s Handbook on Filing Procedures, which is issued by and available from the Secretary and posted on the Commission’s Electronic Document Information System 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) A complaint, petition, or request, and supplements and amendments thereto, filed under §§ 210.8, 210.75, 210.76, or 210.79 shall be filed in paper form. An original and eight (8) true paper copies shall filed. All exhibits, appendices, and attachments to the document shall be filed in electronic form on one CD–ROM, DVD, or other portable electronic media approved by the Secretary. Sections 210.8 and 210.12 set out additional requirements for a complaint filed under section 210.8. Additional requirements for a petition or request filed under §§ 210.75, 210.76, or 210.79 are set forth in those sections. 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. (3) Responses to a complaint, briefs, comments and responses thereto, compliance reports, motions and responses 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, 210.8, 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 filed with the Secretary 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. E:\FR\FM\06OCR1.SGM 06OCR1 wreier-aviles on DSK7SPTVN1PROD with RULES Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations (4) Except for the documents listed in paragraphs (f)(2) and (f)(3) of this section, all other documents shall be filed electronically, and no paper copies will be required. (5) If paper copies are required under this section, the required number of paper copies shall be governed by paragraph (f)(6) of this section. A paper copy provided for in this section must be a true copy of the electronic version of the document, i.e., a copy that is identical in all possible respects. (6) Unless the Commission or this part specifically states otherwise: (i) 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) Eight (8) true paper copies of each submission shall be filed if the investigation or related proceeding is before the Commission. (7)(i) If a complaint, a supplement or amendment to a complaint, a motion for temporary relief, or the documentation supporting a motion for temporary relief contains confidential business information as defined in § 201.6(a) of this chapter, the complainant shall file nonconfidential copies of the complaint, the supplement or amendment to the complaint, the motion for temporary relief, or the documentation supporting the motion for temporary relief concurrently with the requisite confidential copies, as provided in § 210.8(a). A nonconfidential copy of all exhibits, appendices, and attachments to the document shall be filed in electronic form on one CD–ROM, DVD, or other portable electronic media approved by the Secretary, separate from the media used for the confidential version. (ii)(A) Persons who file the following submissions that contain confidential business information covered by an administrative protective order, or that are the subject of a request for confidential treatment, must file nonconfidential copies and serve them on the other parties to the investigation or related proceeding within 10 calendar days after filing the confidential version with the Commission: (1) A response to a complaint and all supplements and exhibits thereto; (2) All submissions relating to a motion to amend the complaint or notice of investigation; and (3) All submissions addressed to the Commission. (B) Other sections of this part may require, or the Commission or the administrative law judge may order, the filing and service of nonconfidential copies of other kinds of confidential VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 submissions. If the submitter’s ability to prepare a nonconfidential copy is dependent upon receipt of the nonconfidential version of an initial determination, or a Commission order or opinion, or a ruling by the administrative law judge or the Commission as to whether some or all of the information at issue is entitled to confidential treatment, the nonconfidential copies of the submission must be filed within 10 calendar days after service of the Commission or administrative law judge document in question. The time periods for filing specified in this paragraph apply unless the Commission, the administrative law judge, or another section of this part specifically provides otherwise. (8) 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. (9) Where to file; date of filing. Documents shall be filed at the Office of the Secretary of the Commission in Washington, DC. Such documents, if properly filed within the hours of operation specified in § 201.3(c), will be deemed to be filed on the date on which they are actually received in the Commission. (10) Conformity with rules. Each document filed with the Commission for the purpose of initiating any investigation shall be considered properly filed if it conforms with the pertinent rules prescribed in this chapter. Substantial compliance with the pertinent rules may be accepted by the Commission provided good and sufficient reason is stated in the document for inability to comply fully with the pertinent rules. (11) During any period in which the Commission is closed, deadlines for filing documents electronically and by other means are extended so that documents are due on the first business day after the end of the closure. (g) Cover Sheet. When making a paper filing, parties must complete the cover sheet online at http://edis.usitc.gov and print out the cover sheet for submission to the Office of the Secretary with the paper filing. The party submitting the cover sheet is responsible for the accuracy of all information contained in the cover sheet, including, but not limited to, the security status and the investigation number, and must comply with applicable limitations on disclosure of confidential information under § 210.5. (h) Specifications. (1) Each document filed under this chapter shall be double- PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 61945 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. Typed matter shall not exceed 6.5 x 9.5 inches using 11-point or larger type and shall be doublespaced 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 singlespaced. (2) The administrative law judge may impose any specifications he deems appropriate for submissions that are addressed to the administrative law judge. (i) Service. Unless the Commission, the administrative law judge, or another section of this part specifically provides otherwise, every written submission filed by a party or proposed party shall be served on all other parties in the manner specified in § 201.16(b) of this chapter. ■ 26. Amend § 210.8 by revising paragraphs (a)(1) and (a)(2) to read as follows: § 210.8 Commencement of preinstitution proceedings. * * * * * (a)(1) A complaint filed under this section shall be filed in paper form with the Secretary as follows. (i) An original and eight (8) true paper copies of the nonconfidential version of the complaint shall be filed. All exhibits, appendices, and attachments to this version of the complaint shall be filed in electronic form on CD–ROM, DVD, or other portable electronic media approved by the Secretary. (ii) An original and eight (8) true paper copies of the confidential version of the complaint shall be filed. All exhibits, appendices, and attachments to this version of the complaint shall be filed in electronic form on CD–ROM, DVD, or other portable electronic media approved by the Secretary. (iii) For each proposed respondent, one true copy of the nonconfidential version of the complaint and one true copy of the confidential version of the complaint, if any, along with one true copy of the nonconfidential exhibits and one true copy of the confidential exhibits shall be filed, and (iv) For the government of the foreign country in which each proposed respondent is located as indicated in the E:\FR\FM\06OCR1.SGM 06OCR1 61946 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations complaint, one true copy of the nonconfidential version of the complaint shall be filed. Note to paragraph (a)(1): The same requirements apply for the filing of a supplement or amendment to the complaint. (2) If the complainant is seeking temporary relief, the complainant must also file: (i) An original and eight (8) true paper copies of the nonconfidential version of the motion for temporary relief. All exhibits, appendices, and attachments to this version of the motion shall be filed in electronic form on CD–ROM, DVD, or other portable electronic media approved by the Secretary. (ii) An original and eight (8) true paper copies of the confidential version of the motion for temporary relief. All exhibits, appendices, and attachments to this version of the motion shall be filed in electronic form on CD–ROM, DVD, or other portable electronic media approved by the Secretary; and (iii) For each proposed respondent, one true copy of the nonconfidential version of the motion and one true copy of the confidential version of the motion along with one true copy of the nonconfidential exhibits and one true copy of the confidential exhibits filed with the motion. Note to paragraph (a)(2): The same requirements apply for the filing of a supplement or amendment to the complaint or a supplement to the motion for temporary relief. * * * * Organization Exempt From Income Tax’’. These regulations were published in the Federal Register on Thursday, September 8, 2011 (76 FR 55746). This correction is effective on October 6, 2011, and is applicable on September 8, 2011. DATES: FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY Background Internal Revenue Service The final regulations that are the subject of this correction are under sections 170A, 507, 509, 6033 and 6043 of the Internal Revenue Code. 26 CFR Parts 1 and 602 Need for Correction RIN 1545–BH28 As published, final regulations (TD 9549) contain an error that may prove to be misleading and is in need of clarification. Implementation of Form 990; Correction List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment: PART 1—INCOME TAXES Authority: 26 U.S.C. 7805. * * * Par. 2. Section 1.509(a)–3 is amended by revising paragraph (n)(3) to read as follows: ■ [FR Doc. 2011–25646 Filed 10–5–11; 8:45 am] BILLING CODE 7020–02–P § 1.509(a)–3 Broadly, publicly supported organizations. DEPARTMENT OF THE TREASURY * Internal Revenue Service 26 CFR Part 1 [TD 9549] RIN 1545–BH28 wreier-aviles on DSK7SPTVN1PROD with RULES Implementation of Form 990; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. AGENCY: This document describes a correcting amendment to final regulations (TD 9549) that implement the redesigned Form 990, ‘‘Return of SUMMARY: VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 [FR Doc. 2011–25773 Filed 10–5–11; 8:45 am] BILLING CODE 4830–01–P Paragraph 1. The authority citation for part 1 continues to read in part as follows: Issued: September 29, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). Terri Harris, (202) 622–6070 (not a tollfree number). ■ * computed over the period 2003 through 2006. * * * * * * * * * (n) * * * (3) An organization that fails to meet a public support test for its first taxable year beginning on or after January 1, 2008, under the regulations in this section may use the prior test set forth in §§ 1.509(a)–3(a)(2) and 1.509(a)– 3(a)(3) or § 1.170A–9(e)(2) or § 1.170A– 9(e)(3) as in effect before September 9, 2008, (as contained in 26 CFR part 1 revised April 1, 2008) to determine whether the organization may be publicly supported for its 2008 taxable year based on its satisfaction of a public support test for taxable year 2007, PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 [TD 9549] Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. AGENCY: This document describes a correction to final regulations (TD 9549) that implement the redesigned Form 990, ‘‘Return of Organization Exempt From Income Tax’’. These regulations were published in the Federal Register on Thursday, September 8, 2011 (76 FR 55746). DATES: This correction is effective on October 6, 2011, and is applicable on September 8, 2011. FOR FURTHER INFORMATION CONTACT: Terri Harris, (202) 622–6070 (not a tollfree number). SUPPLEMENTARY INFORMATION: SUMMARY: Background The final regulations that are the subject of this correction are under sections 170A, 507, 509, 6033 and 6043 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9549) contain an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (TD 9549) which were the subject of FR Doc. 2011–22614 is corrected as follows: On page 55747, column 2, in the preamble, under the paragraph heading ‘‘Computation Period for Public Support’’, third paragraph of the column, line 13, the language ‘‘§ 1.170A–9(f)(9). The final regulations’’ E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61937-61946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25646]


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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: Final rule.

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SUMMARY: The United States International Trade Commission 
(``Commission'') is amending 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 
amendments are to increase efficiency in processing documents filed 
with the Commission, reduce Commission expenditures, and conform agency 
processes to Federal Government initiatives.

DATES: Effective November 7, 2011.

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 http://www.usitc.gov.

SUPPLEMENTARY INFORMATION: On July 6, 2011, the Commission published a 
notice of proposed rulemaking concerning the filing of documents with 
the agency. 76 FR 39750, July 6, 2011. This notice of final rulemaking 
is based on that notice. On the same day, the Commission published a 
notice seeking public comment on a draft Handbook on Electronic Filing 
Procedures. 76 FR 39757, July 6, 2011. The preamble below is designed 
to assist readers in understanding these amendments to the Commission's 
Rules. This preamble provides background information, a regulatory 
analysis of the amendments, a discussion of the comments received from 
the public, and a section-by-section explanation of the amendments.

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 is amending 
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).
    Consistent with its ordinary practice, the Commission is issuing 
these amendments in accordance with provisions of section 553 of the 
APA (5 U.S.C. 553), although not all provisions apply 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 will now require that most filings with the agency 
be made by electronic means. The electronic version will constitute the

[[Page 61938]]

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. Previously, submitters have been permitted to 
file only public documents into EDIS. The new rules provide for the 
electronic filing of documents containing confidential business 
information and business proprietary information into EDIS. A new 
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 has sought 
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 process because documents 
will be entered 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. The agency will allow some documents to be filed in paper form by 
noon on the next business day. Moreover, witness testimony and hearing 
materials in import injury investigations and reviews will be submitted 
only in paper form, and public versions of testimony will be accepted 
at the relevant conference or hearing. The rules will provide the 
Secretary to the Commission with the authority to establish exceptions 
and modifications to the requirement to electronically file documents, 
as more fully described in the Handbook on Filing Procedures.
    The 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

    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 chose to publish a notice of 
proposed rulemaking, these 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 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 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 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.

Comments

    The Commission received 10 sets of comments on the notice of 
proposed rulemaking. Commenters generally made comments both on that 
notice and on the related notice concerning the Handbook. Comments were 
received from Adduci, Mastriani, & Schaumberg LLP (AMS); the American 
Bar Association Section of Intellectual Property (ABA); the American 
Intellectual Property Law Association (AIPLA); the Customs and 
International Trade Bar Association (CITBA); Hughes Hubbard & Reed LLP 
(Hughes Hubbard); the ITC Trial Lawyers Association (ITC TLA); Kelley 
Drye & Warren (Kelley Drye); Stewart and Stewart; Wiley Rein LLP, on 
behalf of Nucor Corporation (Wiley Rein); and Williams Mullen. Issues 
raised in the comments will be addressed in this section. The section 
first addresses comments made by two or more commenters on the same 
issue, then addresses unique comments made by one commenter. The 
Commission appreciates the comments received, and the thoughtful and 
thorough analysis on which they are based.

Comments on Paper Filing Requirement

    AMS, the CITBA, Hughes Hubbard, the ITC TLA, Kelley Drye, Wiley 
Rein, and Williams Mullen oppose requiring the submission of paper 
copies of documents in addition to their electronic filing. Several 
commenters pointed to government-wide initiatives that support moving 
to electronic filing. CITBA contends that the Commission's new 
procedure will increase the burden on submitters. CITBA, among others, 
cites as examples that entries of appearance and public versions of 
confidential filings, that in the past could have been filed 
electronically, will now have to be filed both electronically and in 
paper form. Hughes Hubbard, Kelley Drye, and Wiley Rein submit that the 
Commission will incur storage costs for paper copies. Hughes Hubbard 
suggests that, if the paper filing requirement is retained, the number 
of required copies should be reduced from eight to four. AMS suggests 
requiring one paper copy, and setting an end date for the requirement.
    AMS suggests that the new policy may result in increased costs and 
reduced efficiency for the Commission. Kelley Drye and Wiley Rein warn 
that the Commission will need to verify that electronic and paper 
submissions are correct, and deal with problems arising from improper 
filings. Wiley Rein expresses the concern that the requirement to 
simultaneously file electronically and submit paper copies will lead to 
an increase in filing problems such as administrative protective order 
violations. Wiley Rein expresses the concern that the proposed rules 
and Handbook did not explain (1) The status of a filing where the paper 
version is timely received but not the electronic version, or vice 
versa; (2) the process to follow where there are differences between 
the versions, and (3) whether a special process will be used if 
business proprietary information is redacted in one version but not the 
other. Wiley Rein notes that, although electronic filing of business 
proprietary data appears to be required, it is not

[[Page 61939]]

explicitly stated, and the Commission has not explained whether 
proprietary data must be marked and controlled to ensure against 
unauthorized access.
    In developing its new filing policy, the Commission seeks to meet 
its needs for filings in particular formats without unduly burdening 
submitters. As a preliminary matter, the Commission confirms that the 
electronic filing requirement covers documents containing business 
proprietary or confidential business information. EDIS currently 
provides for specifying whether a document contains confidential 
information, and blocks access by members of the public to such 
documents. Language is being added to the Handbook to more fully 
address the filing of confidential material.
    The Commission recognizes the arguments for moving fully to 
electronic filing. However, after careful consideration, the Commission 
has decided that the paper copies it will require are currently 
necessary for carrying out the agency's functions. At the present time, 
eight paper copies--a reduction from fourteen--are needed. The copies 
are provided to each Commissioner's office as well as relevant staff 
offices. Commission proceedings operate under very short deadlines and 
filings are voluminous. Paper copies are needed to ensure that staff 
and decision-makers can efficiently and fully review and analyze 
submissions in such short time periods. It is not practicable for the 
agency to print out paper copies of complicated documents for 
Commissioners and staff as rapidly as they are needed. Such documents 
often include tabbed sections, appendices, and color graphics, and the 
parties are in a better position to present the paper versions of their 
filings in the manner they intend them to be presented. Storage costs 
should not be substantial, because the Commission's records disposition 
schedule allows for prompt destruction of paper copies after the 
proceeding is completed. To the extent that the requirement to 
simultaneously file electronically and submit paper copies poses a 
problem for submitters, the Commission urges submitters to consult with 
the Secretary to help ensure that filings are accomplished correctly.
    However, in the interest of reducing the burden on submitters, the 
Commission will not require certain documents, such as entries of 
appearance, to be filed in paper form. In addition, as the Commission 
periodically reviews its regulations, it may revisit the filing 
requirement after it has had a chance to function for a time, and may 
make further changes to the requirement as warranted by experience. 
However, the Commission cannot yet specify a schedule for this review.
    The Commission wishes to emphasize that all of the requirements 
relating to filing of documents will be enforced. In particular, the 
failure to redact business proprietary information from the electronic 
version of a document may constitute a breach of the administrative 
protective order whether or not the redaction was done properly in the 
paper copies; the same would be true if the problem appeared in the 
paper copies.

Comments on the Filing of Petitions

    Hughes Hubbard, Kelley Drye, and Williams Mullen suggest that the 
Commission require that petitions in import injury proceedings be filed 
electronically. Kelley Drye indicates that the proposed rulemaking did 
not make clear whether exhibits and attachments would need to be in 
paper form as well as on electronic media. They also believe that it 
was not clear whether eight paper copies of the petition are required.
    Because of the special handling that petitions require, electronic 
filing of such documents would not meet the agency's needs at this 
time. However, with respect to exhibits, appendices, and attachments to 
petitions, the Commission requires these documents to be filed only on 
electronic media and not in paper form. The Commission requires that 
the original plus eight paper copies of the confidential version of the 
petition and four paper copies of the public version of the petition 
must be filed.

Comments on the ``One-Day Rule''

    AMS, the CITBA, Hughes Hubbard, Kelley Drye, Wiley Rein, and 
Williams Mullen urge the Commission to retain the one-day rule on the 
filing of public versions of confidential documents in import injury 
proceedings. The Commission did not intend to eliminate this rule, 
which the agency agrees serves a valuable function. The Commission is 
clarifying in its Handbook that the one-day rule has been retained.

Comments on Filing Requirements in Section 337 Proceedings

    The AIPLA and the ABA suggest that the Commission clarify the 
filing requirements in section 337 proceedings by setting out those 
requirements in section 210.4(f), rather than employing cross-
references among several rules. The final rules adopt the suggested 
approach to address this concern.
    AMS, the AIPLA and the ABA express the concern that the proposed 
rules imply the creation of a same-day rule for filing the public 
version of a confidential submission. In a similar vein, the ITC TLA 
urges the Commission to not require the filing of public versions of 
all confidential documents. The Commission did not intend to create 
such a general requirement. However, the rules already provide for the 
filing of public versions of some confidential filings.
    The AIPLA and the ABA suggest replacing in section 210.4(f) 
``submissions pursuant to an order of the presiding'' ALJ with 
``submissions filed with the Secretary pursuant to an order of the 
presiding ALJ.'' The ITC TLA makes a similar comment. The ABA suggests 
making a similar revision to section II(C) of the Handbook. The 
Commission has adopted this suggestion.
    The AIPLA, the ABA, and the ITC TLA suggest clarifying whether the 
Commission is removing the requirement to submit copies of the 
complaint for service on parties and embassies. The Commission does not 
intend to remove this requirement, and is reflecting this clarification 
in its rules.
    The AIPLA and the ABA suggest deleting new section II(J)(3) of the 
Handbook as unnecessarily onerous. The ITC TLA suggests that the 
requirement is particularly difficult for counsel not resident in 
Washington, DC. The Commission has modified that section to simplify 
the procedure.
    The ABA suggests clarifying in section 210.8 whether the Commission 
intends to remove procedures for the separation of confidential and 
nonconfidential versions of documents such as complaints, and for 
submitting multiple copies of exhibits, appendices, and attachments. 
The ITC TLA similarly indicates that the proposed rules appear to 
eliminate the requirement to separate the public and confidential 
versions of the complaint. The Commission does not intend to remove the 
requirement to separate the public and confidential versions of 
documents, and is clarifying this point in its rules.

Comments Relating to Service

    The AIPLA and the ABA suggest removing the requirement in section 
II(K) of the Handbook that parties obtain approval of the presiding 
administrative law judge in order to effect electronic service. The 
AIPLA offers a proposed amendment to section 201.16(f) to streamline 
service. The ABA suggests adding electronic service on lead counsel as 
a default method of service. Stewart and Stewart urges the

[[Page 61940]]

Commission to consider allowing parties to serve public documents 
electronically if other parties consent to such service, and requesting 
that parties include in their entries of appearance a statement on 
whether they consent. The ITC TLA urges the Commission to clarify the 
discussion of service in the Handbook with respect to whether 
permission is required for electronic service during the Commission 
review phase of a section 337 proceeding, and whether such service 
requires the consent of both the presiding administrative law judge and 
the relevant party.
    The Commission has determined to amend its rule on service to 
remove the requirement for obtaining the consent of the Secretary or 
the presiding administrative law judge in order to effect service 
electronically. A party will be able to opt out of being served 
electronically by notifying the Secretary or the administrative law 
judge, and the other parties to a proceeding.

Comment Relating to Agency Closure

    The ABA suggests that section II(C)(4) of the Handbook be revised 
to adopt a default filing date of the next business day in the event of 
a closure of the Commission, regardless of whether the electronic 
docketing system is operational. The ITC TLA makes a similar comment. 
The Commission has adopted the suggestion.

Adduci, Mastriani, & Schaumberg LLP

    AMS notes that the reproduction of items on EDIS beyond fair use 
requires the registered user's permission. Paragraph L of the Handbook 
addresses copyright issues.

The American Intellectual Property Law Association

    The AIPLA proposes to replace ``copies'' with ``a copy'' in section 
201.16. The Commission has adopted this suggestion.
    The AIPLA suggests replacing the term ``true copies.'' The 
Commission believes that the term is clearer than the proposed 
alternative, but has added clarifying language to its rules.
    The AIPLA suggests clarifying in section II(c)(4) of the Handbook 
how a submitter is to notify the Secretary of a technical failure at a 
time when the agency is closed but EDIS is operational. The Commission 
believes that this clarification is not needed in view of the fact that 
the Commission will extend electronic filing deadlines to the next 
business day after the agency closure.

The American Bar Association Section of Intellectual Property

    The ABA suggests adding a provision to section II(C) of the 
Handbook stating that, in case of a conflict between the Handbook and 
the instructions issued by the presiding administrative law judge, the 
latter controls. The Commission is including such a provision in the 
Handbook, but notes that if the conflict is between the administrative 
law judge's ground rules and the Commission's rules, the latter 
control.

Hughes Hubbard & Reed LLP

    Hughes Hubbard urges the Commission to set the deadline for 
electronic filing at midnight on the relevant day, rather than at 5:15 
p.m. The Commission needs to retain the existing deadline in order to 
ensure proper receipt and tracking of electronic filings.
    Hughes Hubbard recommends that the Commission extend the procedure 
for reporting an EDIS failure to the reporting of a technical failure 
in the submitter's system. The Commission is not adopting this change, 
because of the difficulty of determining whether a submitter's system 
has failed.
    Hughes Hubbard suggests that the Commission develop a standard e-
filing declaration concerning technical failures. The Commission 
considers that such a form may not be practical, because of the variety 
of circumstances that may arise.
    Hughes Hubbard suggests that the Commission add ``(unless otherwise 
authorized by the Commission)'' to the rule on posthearing briefs. The 
Commission does not believe that this addition is necessary, because 
the Commission, pursuant to section 201.4, has the authority to modify 
its page limit requirements where a particular instance so warrants.

The ITC Trial Lawyers Association

    The ITC TLA urges the Commission to make clear whether and how 
confidential business information is to be filed electronically. The 
Commission confirms that the electronic filing requirement covers 
documents containing business proprietary or confidential business 
information. EDIS currently provides for specifying whether a document 
contains confidential information, and blocks access by members of the 
public to such documents. Language is being added to the Handbook to 
more fully address the filing of confidential material.
    The ITC TLA requests clarification of the relationship between 
copies provided for in sections 201.14 and 210.4 and copies required 
under the ground rules of the presiding administrative law judge. The 
copies provided for in the Commission rules are distinct and in 
addition to any copies required in ground rules.
    The ITC TLA suggests specifying how many copies are required of the 
exhibits, appendices, and attachments to a complaint. The Commission 
will only require a single copy of such documents on CD-ROM or other 
approved media. If the documents contain confidential business 
information, however, a public version shall be filed on separate 
media.
    The ITC TLA recommends that the Handbook specify that the 
Commission rules control in any conflict between the Handbook and the 
rules. The Handbook contains such a statement.
    The ITC TLA suggests specifying in section H(1) of the Handbook 
whether a submitter is required to perform optical character 
recognition prior to submitting a document. The Commission does not 
require submitters to perform such a process.
    The ITC TLA suggests clarifying the term ``attestation'' as used in 
the Handbook. To avoid confusion, the term ``attest'' is being replaced 
by ``certify,'' a term that is already used in the rules, such as in 19 
CFR 201.6.
    The ITC TLA suggests clarifying the Appendix to the Handbook by 
specifying that certain categories do not refer to section 337 
documents. The Appendix has been revised to clearly distinguish between 
instructions for filing section 337 documents and instructions for 
other filings.

Wiley Rein LLP

    Wiley Rein urges the Commission to not adopt the proposed 
regulations and Handbook in their present form. Instead, Wiley Rein 
suggests that the Commission (1) Undertake additional review and then 
publish a new proposal for public comment, (2) revise its rules to 
permit electronic-only filing, or (3) permit electronic filing one day 
after all paper submissions. As discussed above, the Commission has 
decided that it must require electronic filing and the submission of 
paper copies of certain documents at this time. The Commission 
considers that these processes must be simultaneous in import injury 
proceedings due to the short timeframe and to facilitate review by the 
Commissioners and staff in these proceedings. The Commission is issuing 
this notice of final rulemaking rather than a new proposal for comment 
because it wishes to implement its new requirement as soon as possible, 
with

[[Page 61941]]

the attendant benefits described in the notice of proposed rulemaking.
    Wiley Rein suggests that the Commission provide more detail 
concerning the filing of voluminous documents, such as by emulating the 
Commerce Department, which provides for special handling of documents 
over 500 pages in length. The Commission does not believe that further 
guidance is necessary, because EDIS is capable of handling voluminous 
documents such as documents containing 500 pages.

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 amends 19 CFR parts 201, 206, 207, and 
210 as follows:

PART 201--RULES OF GENERAL APPLICATION

0
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

0
2. Amend Sec.  201.8 by revising paragraphs (a), (c), (d), and (f) to 
read as follows:


Sec.  201.8  Filing of documents.

    (a) Applicability; where to file; date of filing. This section 
applies to all Commission proceedings except, notwithstanding any other 
section of this chapter, those conducted under 19 U.S.C. 1337, which 
are covered by requirements set out in part 210 of this chapter. 
Documents shall be filed at the office of the Secretary of the 
Commission in Washington, DC. Such documents, if properly filed within 
the hours of operation specified in Sec.  201.3(c), will be deemed to 
be filed on the date on which they are actually received in the 
Commission.
* * * * *
    (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. 
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 (6) 
and (f) of this section, all documents filed with the Commission shall 
be filed electronically. Completion of filing requires the submission 
of paper copies by 12 noon, eastern time, on the next business day. A 
paper copy provided for in this section must be a true copy of the 
electronic version of the document, i.e., a copy that is identical in 
all possible respects. 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 Electronic 
Document Information System Web site at https://edis.usitc.gov. Failure 
to comply with the requirements of this chapter and the Handbook on 
Filing Procedures that apply to 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 and requests filed under Sec.  206.2 or Sec.  207.10 
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) 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.
    (5) 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.
    (6) 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.
    (7) During any period in which the Commission is closed, deadlines 
for filing documents electronically and by other means are extended so 
that documents are due on the first business day after the end of the 
closure.
* * * * *
    (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 as this electronic filing, except as provided in 
Sec.  206.8 or Sec.  207.3 of this chapter. 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.
* * * * *

0
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 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.

0
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.

[[Page 61942]]


0
5. Amend Sec.  201.16 by revising paragraphs (b) and (f) 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 a copy 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 a copy thereof at the principal office of each other 
party, or, if a party is represented by an attorney before the 
Commission, by leaving a copy 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.
* * * * *
    (f) Electronic service. Parties may serve documents by electronic 
means in all matters before the Commission. Parties may effect such 
service on any party, unless that party has, upon notice to the 
Secretary and to all parties, stated that it does not consent to 
electronic service. If electronic service is used, paragraphs (b), (d), 
and (e) of this section shall not apply. However, any dispute that 
arises among parties regarding electronic service must be resolved by 
the parties themselves, without the Commission's involvement.
* * * * *

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

0
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.


0
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.

0
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.

0
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

0
10. The authority citation for part 207 continues to read as follows:

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


0
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.
* * * * *

0
12. Amend Sec.  207.10 by revising paragraph (a) to read as follows:

[[Page 61943]]

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 and 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.
* * * * *

0
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.

0
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.

0
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 written 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.
* * * * *

0
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.

0
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.

0
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 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

[[Page 61944]]

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).

0
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.

0
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.
* * * * *

0
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.

0
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.
* * * * *

0
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

0
24. The authority citation for part 210 continues to read as follows:

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


0
25. Amend Sec.  210.4 by revising paragraphs (f)-(g) and adding 
paragraphs (h)-(i) to read as follows:


Sec.  210.4  Written submissions; representations; sanctions.

* * * * *
    (f) Filing of documents. (1) Written submissions that are addressed 
to the Commission during an investigation or a related proceeding shall 
comply with the Commission's Handbook on Filing Procedures, which is 
issued by and available from the Secretary and posted on the 
Commission's Electronic Document Information System 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) A complaint, petition, or request, and supplements and 
amendments thereto, filed under Sec. Sec.  210.8, 210.75, 210.76, or 
210.79 shall be filed in paper form. An original and eight (8) true 
paper copies shall filed. All exhibits, appendices, and attachments to 
the document shall be filed in electronic form on one CD-ROM, DVD, or 
other portable electronic media approved by the Secretary. Sections 
210.8 and 210.12 set out additional requirements for a complaint filed 
under section 210.8. Additional requirements for a petition or request 
filed under Sec. Sec.  210.75, 210.76, or 210.79 are set forth in those 
sections. 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.
    (3) Responses to a complaint, briefs, comments and responses 
thereto, compliance reports, motions and responses or replies thereto, 
petitions and replies thereto, prehearing statements, and proposed 
findings of fact and conclusions of law and responses thereto provided 
for under Sec. Sec.  210.4(d), 210.13, 210.8, 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 
filed with the Secretary 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.

[[Page 61945]]

    (4) Except for the documents listed in paragraphs (f)(2) and (f)(3) 
of this section, all other documents shall be filed electronically, and 
no paper copies will be required.
    (5) If paper copies are required under this section, the required 
number of paper copies shall be governed by paragraph (f)(6) of this 
section. A paper copy provided for in this section must be a true copy 
of the electronic version of the document, i.e., a copy that is 
identical in all possible respects.
    (6) Unless the Commission or this part specifically states 
otherwise:
    (i) 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) Eight (8) true paper copies of each submission shall be filed 
if the investigation or related proceeding is before the Commission.
    (7)(i) If a complaint, a supplement or amendment to a complaint, a 
motion for temporary relief, or the documentation supporting a motion 
for temporary relief contains confidential business information as 
defined in Sec.  201.6(a) of this chapter, the complainant shall file 
nonconfidential copies of the complaint, the supplement or amendment to 
the complaint, the motion for temporary relief, or the documentation 
supporting the motion for temporary relief concurrently with the 
requisite confidential copies, as provided in Sec.  210.8(a). A 
nonconfidential copy of all exhibits, appendices, and attachments to 
the document shall be filed in electronic form on one CD-ROM, DVD, or 
other portable electronic media approved by the Secretary, separate 
from the media used for the confidential version.
    (ii)(A) Persons who file the following submissions that contain 
confidential business information covered by an administrative 
protective order, or that are the subject of a request for confidential 
treatment, must file nonconfidential copies and serve them on the other 
parties to the investigation or related proceeding within 10 calendar 
days after filing the confidential version with the Commission:
    (1) A response to a complaint and all supplements and exhibits 
thereto;
    (2) All submissions relating to a motion to amend the complaint or 
notice of investigation; and
    (3) All submissions addressed to the Commission.
    (B) Other sections of this part may require, or the Commission or 
the administrative law judge may order, the filing and service of 
nonconfidential copies of other kinds of confidential submissions. If 
the submitter's ability to prepare a nonconfidential copy is dependent 
upon receipt of the nonconfidential version of an initial 
determination, or a Commission order or opinion, or a ruling by the 
administrative law judge or the Commission as to whether some or all of 
the information at issue is entitled to confidential treatment, the 
nonconfidential copies of the submission must be filed within 10 
calendar days after service of the Commission or administrative law 
judge document in question. The time periods for filing specified in 
this paragraph apply unless the Commission, the administrative law 
judge, or another section of this part specifically provides otherwise.
    (8) 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.
    (9) Where to file; date of filing. Documents shall be filed at the 
Office of the Secretary of the Commission in Washington, DC. Such 
documents, if properly filed within the hours of operation specified in 
Sec.  201.3(c), will be deemed to be filed on the date on which they 
are actually received in the Commission.
    (10) Conformity with rules. Each document filed with the Commission 
for the purpose of initiating any investigation shall be considered 
properly filed if it conforms with the pertinent rules prescribed in 
this chapter. Substantial compliance with the pertinent rules may be 
accepted by the Commission provided good and sufficient reason is 
stated in the document for inability to comply fully with the pertinent 
rules.
    (11) During any period in which the Commission is closed, deadlines 
for filing documents electronically and by other means are extended so 
that documents are due on the first business day after the end of the 
closure.
    (g) Cover Sheet. When making a paper filing, parties must complete 
the cover sheet online at http://edis.usitc.gov and print out the cover 
sheet for submission to the Office of the Secretary with the paper 
filing. The party submitting the cover sheet is responsible for the 
accuracy of all information contained in the cover sheet, including, 
but not limited to, the security status and the investigation number, 
and must comply with applicable limitations on disclosure of 
confidential information under Sec.  210.5.
    (h) Specifications. (1) Each document filed under this chapter 
shall be 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. 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.
    (2) The administrative law judge may impose any specifications he 
deems appropriate for submissions that are addressed to the 
administrative law judge.
    (i) Service. Unless the Commission, the administrative law judge, 
or another section of this part specifically provides otherwise, every 
written submission filed by a party or proposed party shall be served 
on all other parties in the manner specified in Sec.  201.16(b) of this 
chapter.

0
26. Amend Sec.  210.8 by revising paragraphs (a)(1) and (a)(2) 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 with the Secretary as follows.
    (i) An original and eight (8) true paper copies of the 
nonconfidential version of the complaint shall be filed. All exhibits, 
appendices, and attachments to this version of the complaint shall be 
filed in electronic form on CD-ROM, DVD, or other portable electronic 
media approved by the Secretary.
    (ii) An original and eight (8) true paper copies of the 
confidential version of the complaint shall be filed. All exhibits, 
appendices, and attachments to this version of the complaint shall be 
filed in electronic form on CD-ROM, DVD, or other portable electronic 
media approved by the Secretary.
    (iii) For each proposed respondent, one true copy of the 
nonconfidential version of the complaint and one true copy of the 
confidential version of the complaint, if any, along with one true copy 
of the nonconfidential exhibits and one true copy of the confidential 
exhibits shall be filed, and
    (iv) For the government of the foreign country in which each 
proposed respondent is located as indicated in the

[[Page 61946]]

complaint, one true copy of the nonconfidential version of the 
complaint shall be filed.

    Note to paragraph (a)(1): The same requirements apply for the 
filing of a supplement or amendment to the complaint.

    (2) If the complainant is seeking temporary relief, the complainant 
must also file:
    (i) An original and eight (8) true paper copies of the 
nonconfidential version of the motion for temporary relief. All 
exhibits, appendices, and attachments to this version of the motion 
shall be filed in electronic form on CD-ROM, DVD, or other portable 
electronic media approved by the Secretary.
    (ii) An original and eight (8) true paper copies of the 
confidential version of the motion for temporary relief. All exhibits, 
appendices, and attachments to this version of the motion shall be 
filed in electronic form on CD-ROM, DVD, or other portable electronic 
media approved by the Secretary; and
    (iii) For each proposed respondent, one true copy of the 
nonconfidential version of the motion and one true copy of the 
confidential version of the motion along with one true copy of the 
nonconfidential exhibits and one true copy of the confidential exhibits 
filed with the motion.

    Note to paragraph (a)(2): The same requirements apply for the 
filing of a supplement or amendment to the complaint or a supplement 
to the motion for temporary relief.

* * * * *

    Issued: September 29, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-25646 Filed 10-5-11; 8:45 am]
BILLING CODE 7020-02-P