Plan for Retrospective Analysis of Existing Rules, 8114-8116 [2012-3267]
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8114
Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations
Department determines a weightedaverage margin of dumping or
antidumping duty assessment rate
include foreign exporters and
manufacturers, some of whom are
affiliated with U.S. companies and U.S.
importers. Some of these entities
affected by the rule may be considered
small entities under the SBA standard.
The Department has determined that
this action will not have a substantial
economic impact on a significant
number of small entities because the
costs associated with antidumping duty
liability generally will not increase as a
result of the proposed rule. No
comments were received regarding the
economic impact of this rule. As a
result, a final regulatory flexibility
analysis is not required and one was not
prepared.
Paperwork Reduction Act
This action does not contain a
collection of information for purposes of
the Paperwork Reduction Act of 1980,
as amended (44 U.S.C. 3501 et seq.).
List of Subjects in 19 CFR Part 351
Administrative practice and
procedure, Antidumping, Business and
industry, Cheese, Confidential business
information, Countervailing duties,
Freedom of information, Investigations,
Reporting and recordkeeping
requirements.
Dated: February 7, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
For the reasons stated, 19 CFR part
351 is amended as follows:
PART 351—ANTIDUMPING AND
COUNTERVAILING DUTIES
1. The authority citation for part 351
continues to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 1202
note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et
seq.; and 19 U.S.C. 3538.
Subpart B—Antidumping and
Countervailing Duty Procedures
2. Section 351.414 is revised to read
as follows:
■
pmangrum on DSK3VPTVN1PROD with RULES
§ 351.414 Comparison of normal value
with export price (constructed export price).
(a) Introduction. This section explains
when and how the Secretary will
average prices in making comparisons of
export price or constructed export price
with normal value. (See section 777A(d)
of the Act.)
(b) Description of methods of
comparison—(1) Average-to-average
method. The ‘‘average-to-average’’
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Jkt 226001
method involves a comparison of the
weighted average of the normal values
with the weighted average of the export
prices (and constructed export prices)
for comparable merchandise.
(2) Transaction-to-transaction
method. The ‘‘transaction-totransaction’’ method involves a
comparison of the normal values of
individual transactions with the export
prices (or constructed export prices) of
individual transactions for comparable
merchandise.
(3) Average-to-transaction method.
The ‘‘average-to-transaction’’ method
involves a comparison of the weighted
average of the normal values to the
export prices (or constructed export
prices) of individual transactions for
comparable merchandise.
(c) Choice of method. (1) In an
investigation or review, the Secretary
will use the average-to-average method
unless the Secretary determines another
method is appropriate in a particular
case.
(2) The Secretary will use the
transaction-to-transaction method only
in unusual situations, such as when
there are very few sales of subject
merchandise and the merchandise sold
in each market is identical or very
similar or is custom-made.
(d) Application of the average-toaverage method—(1) In general. In
applying the average-to-average method,
the Secretary will identify those sales of
the subject merchandise to the United
States that are comparable, and will
include such sales in an ‘‘averaging
group.’’ The Secretary will calculate a
weighted average of the export prices
and the constructed export prices of the
sales included in the averaging group,
and will compare this weighted average
to the weighted average of the normal
values of such sales.
(2) Identification of the averaging
group. An averaging group will consist
of subject merchandise that is identical
or virtually identical in all physical
characteristics and that is sold to the
United States at the same level of trade.
In identifying sales to be included in an
averaging group, the Secretary also will
take into account, where appropriate,
the region of the United States in which
the merchandise is sold, and such other
factors as the Secretary considers
relevant.
(3) Time period over which weighted
average is calculated. When applying
the average-to-average method in an
investigation, the Secretary normally
will calculate weighted averages for the
entire period of investigation. However,
when normal values, export prices, or
constructed export prices differ
significantly over the course of the
PO 00000
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Fmt 4700
Sfmt 4700
period of investigation, the Secretary
may calculate weighted averages for
such shorter period as the Secretary
deems appropriate. When applying the
average-to-average method in a review,
the Secretary normally will calculate
weighted averages on a monthly basis
and compare the weighted-average
monthly export price or constructed
export price to the weighted-average
normal value for the contemporaneous
month.
(e) Application of the average-totransaction method—In applying the
average-to-transaction method in a
review, when normal value is based on
the weighted average of sales of the
foreign like product, the Secretary will
limit the averaging of such prices to
sales incurred during the
contemporaneous month.
(f) Contemporaneous Month.
Normally, the Secretary will select as
the contemporaneous month the first of
the following months which applies:
(1) The month during which the
particular U.S. sales under
consideration were made;
(2) If there are no sales of the foreign
like product during this month, the
most recent of the three months prior to
the month of the U.S. sales in which
there was a sale of the foreign like
product.
(3) If there are no sales of the foreign
like product during any of these
months, the earlier of the two months
following the month of the U.S. sales in
which there was a sale of the foreign
like product.
[FR Doc. 2012–3290 Filed 2–13–12; 8:45 am]
BILLING CODE 3510–DS–P
INTERNATIONAL TRADE
COMMISSION
19 CFR Chapter II
Plan for Retrospective Analysis of
Existing Rules
International Trade
Commission.
ACTION: Policy statement.
AGENCY:
The United States
International Trade Commission
(Commission) gives notice of the
adoption of a plan for the retrospective
analysis of its existing regulations.
FOR FURTHER INFORMATION CONTACT:
Peter L. Sultan, Office of the General
Counsel, United States International
Trade Commission, telephone 202–205–
3094. Hearing-impaired individuals are
advised that information on this matter
can be obtained by contacting the
Commission’s TDD terminal at 202–
SUMMARY:
E:\FR\FM\14FER1.SGM
14FER1
Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations
205–1810. General information
concerning the Commission may also be
obtained by accessing its Internet server
(https://www.usitc.gov).
SUPPLEMENTARY INFORMATION: Executive
Order 13579 of July 11, 2011, calls on
each independent regulatory agency to
develop and release to the public,
within 120 days of the date of the
Executive Order, a plan under which
the agency will periodically review its
significant regulations to determine
whether any such regulations should be
modified, streamlined, expanded, or
repealed so as to make the agency’s
regulatory program more effective or
less burdensome in achieving regulatory
objectives.
The Commission sought public
comments on its Preliminary Plan for
Retrospective Analysis of Existing
Rules. 76 FR 66004 (Oct. 25, 2011). It
received one comment on the
preliminary plan from the law firm of
Hughes Hubbard & Reed. Hughes
Hubbard & Reed endorsed the
preliminary plan and urged the
Commission in particular to review 19
CFR Part 201. It stated its belief that
certain modifications should be made to
this regulation to render the
Commission’s investigations more
effective. For example, Hughes Hubbard
& Reed advocated broadening the
language of 19 CFR 201.12 to clarify that
the Commission will accept requests
from parties to take action between an
investigation’s enumerated briefing
periods. The Commission will take
these comments into account when
conducting its retrospective review of
its rules.
The Commission has decided to adopt
the Plan for Retrospective Analysis of
Existing Rules without significant
changes from the version that was
preliminarily proposed. Accordingly,
the Commission adopts the following
Plan for Retrospective Analysis of
Existing Rules.
United States International Trade
Commission
Plan for Retrospective Analysis of
Existing Rules
pmangrum on DSK3VPTVN1PROD with RULES
February 2012
I. Executive Summary of Plan
Executive Orders 13579 and 13563
recognize the importance of maintaining
a consistent culture of retrospective
review and analysis throughout the
federal government. Executive Order
13579 calls on each independent
regulatory agency to develop and release
to the public a plan, consistent with law
and reflecting the agency’s resources
and regulatory priorities and processes,
VerDate Mar<15>2010
16:20 Feb 13, 2012
Jkt 226001
under which the agency will
periodically review its significant
regulations to determine whether any
such regulations should be modified,
streamlined, expanded, or repealed so
as to make the agency’s regulatory
program more effective or less
burdensome in achieving the regulatory
objectives.
Pursuant to Executive Order 13579,
the U.S. International Trade
Commission developed this plan for
retrospective analysis of its regulations.
The plan is designed to create a defined
method and schedule for identifying
and reconsidering certain significant
rules that are obsolete, unnecessary,
unjustified, excessively burdensome, or
counterproductive. Its review processes
are intended to facilitate the
identification of rules that warrant
repeal or modification, or the
strengthening, complementing, or
modernizing of rules where necessary or
appropriate.
II. Background
The Commission is an independent,
quasi-judicial federal agency with broad
investigative responsibilities on matters
of trade. It investigates the effects of
dumped and subsidized imports on
domestic industries, conducts global
safeguard investigations, and
adjudicates cases involving imports that
allegedly infringe intellectual property
rights. The Commission also serves as a
federal resource where trade data and
other trade policy-related information
are gathered and analyzed. The
information and analysis are provided
to the President, the Office of the United
States Trade Representative (USTR), and
Congress to facilitate the development
of sound and informed U.S. trade
policy. The Commission makes most of
its information and analysis available to
the public to promote understanding of
international trade issues. The
Commission also maintains the
Harmonized Tariff Schedule of the
United States (HTS).
Thus, the Commission is not
primarily a regulatory agency, and its
regulations generally serve to govern the
process of its statutory investigative
responsibilities. In carrying out its
mission, the Commission issues rules of
practice and procedure relating to the
conduct of its investigations. The
Commission’s rules are codified in Title
19 of the Code of Federal Regulations.
• Part 201 of the Commission’s rules
are rules of general application relating
to the functions and activities of the
Commission.
• Part 202 sets out rules pertaining to
investigations of costs of production
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
8115
under section 336 of the Tariff Act of
1930, as amended (19 U.S.C. 1336).
• Part 204 contains rules pertaining to
investigations of effects of imports on
agricultural programs under section 22
of the Agricultural Adjustment Act, as
amended (7 U.S.C. 624).
• Part 205 covers rules pertaining to
investigations to determine the probable
economic effect on the economy of the
United States of proposed modifications
of duties or any other barrier to (or other
distortion of) international trade or of
taking retaliatory actions to obtain the
elimination of unjustifiable or
unreasonable foreign acts or policies
which restrict U.S. commerce.
• Part 206 pertains to investigations
relating to global and bilateral safeguard
actions, market disruption, trade
diversion, and review of relief actions.
• Part 207 sets out rules for the
conduct of antidumping and
countervailing duty investigations
conducted under title VII of the Tariff
Act of 1930, as amended (19 U.S.C. 1671
et seq.).
• Part 208 contains rules pertaining to
investigations with respect to the
commercial availability of textile fabric
and yarn in Sub-Saharan African
countries.
• Part 210 sets out rules for the
conduct of investigations of unfair
practices in import trade under section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 337).
• Part 212 establishes rules for the
implementation of the Equal Access to
Justice Act (5 U.S.C. 504).
In the course of its investigations, the
Commission generally issues
questionnaires seeking business and
financial information from domestic and
foreign firms. These questionnaires are
frequently revised and adapted, with the
input of affected parties wherever
possible.
The Commission also maintains
several documents that provide
guidance to parties involved in its
investigations, including its
‘‘Antidumping and Countervailing Duty
Handbook,’’ ‘‘An Introduction to
Administrative Protective Order
Practice in Import Injury
Investigations,’’ and the ‘‘Handbook on
Electronic Filing Procedures.’’ These
documents are maintained in electronic
form on the Commission’s Web site and
are reviewed and updated periodically.
III. Scope of Plan
This plan covers existing regulations,
existing information collections, and
significant guidance documents.
E:\FR\FM\14FER1.SGM
14FER1
8116
Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations
IV. Elements of the Plan
Fostering a Culture of Retrospective
Analysis. The Commission intends to
strengthen its culture of retrospective
analysis by informing all of its
employees of the plan and periodically
seeking input from them.
Prioritization. The Commission has
identified selection criteria for the rules
it will review retrospectively. It will
endeavor to review rules that:
• Have been affected by subsequent
legal developments;
• Overlap, duplicate, or conflict with
other federal rules;
• Are the subject of public comments,
from individuals and entities that
appear before the Commission, and from
Congressional and Executive Branch
sources;
• Require outdated reporting
practices; or
• Have been in place for a long time,
so that updating may be appropriate.
Structure and Staffing. The following
Commission official will be responsible
for overseeing the retrospective review
of existing rules: James R. Holbein,
Secretary, email: secretary@usitc.gov.
Process for Retrospective Review.
Every two years, the Commission’s
General Counsel will send a
memorandum to the Commission’s
Secretary, office directors, and
administrative law judges asking them
for input on rules suitable for
modification or elimination. The
Commission will also seek input from
the public at that time. Based on
responses to this memorandum and
comments from the public, and in
consultation with Commissioners, the
General Counsel’s office will make
recommendations to the Commission
regarding the possible modification or
elimination of existing regulations.
Once an appropriate rule change has
been identified, the Commission will
publish a notice of proposed rulemaking
and solicit public comment on the
proposed change.
pmangrum on DSK3VPTVN1PROD with RULES
IV. Public Access and Participation
On October 25, 2011, the Commission
published a notice in the Federal
Register and posted it on the homepage
of its Web site seeking public comment
on the design of this plan and the
identification of specific rules to be
included in the plan. 76 FR 66004 (Oct.
25, 2011) and https://www.usitc.gov/
secretary/fed_reg_notices/rules/
eRuling_notice10182011sgl.pdf.
The Commission received one
comment on the preliminary plan from
a law firm. This firm endorsed the
preliminary plan and urged the
Commission to review 19 CFR part 201,
VerDate Mar<15>2010
14:25 Feb 13, 2012
Jkt 226001
and in particular 19 CFR 201.12, to
clarify that the Commission will accept
requests from parties to take action
between an investigation’s enumerated
briefing periods. The Commission will
take these comments into account when
conducting its retrospective review of
its rules.
VI. Current Agency Efforts Already
Underway Independent of Executive
Order 13579
Even before the issuance of Executive
Order 13579, Commission staff
periodically reviewed existing
regulations with a view to updating and
improving them, and eliminating
redundant or unnecessary regulations.
For example, in October 2011, after
notice and comment, the Commission
amended its rules to provide that most
documents filed with the agency will be
filed by electronic means. See 76 FR
61937 (Oct. 6, 2011). The Commission
also amended its rules to gather more
information on public interest issues
arising out of section 337 complaints.
See 76 FR 64803 (Oct. 19, 2011). The
Commission’s 337 practice has an active
and independent bar association that
promotes an ongoing exchange of ideas
on rules updates and improvements. In
addition, the Commission staff
constantly adapts the questionnaires
that it issues in Title VII investigations
to reflect the specific circumstances of
each investigation. Wherever possible,
the staff seek preliminary input from
firms that will be asked to complete
these questionnaires. In light of these
efforts, the Commission is wellpositioned to implement a more
systematic plan for retrospective review
of its regulations.
VII. Examples of Rules for
Retrospective Review
The Commission has preliminarily
identified the following aspects of its
existing rules for review over the next
two years:
1. General review of existing
regulations in 19 CFR parts 201, 207,
and 210. The Commission will seek to
determine whether any such regulations
shall be modified, streamlined,
expanded or repealed so as to make the
agency’s regulations more effective or
less burdensome.
2. Employee Responsibilities and
Conduct, 19 CFR part 200. The
Commission intends to review its
regulations addressing employee
responsibilities and conduct, to assess
whether these regulations can be
modified or repealed, in light of the
issuance of similar regulations by the
Office of Government Ethics.
PO 00000
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Fmt 4700
Sfmt 9990
3. National Security Information, 19
CFR part 201, Subpart F. The
Commission intends to review its
regulations addressing national security
information, to assess whether these
regulations should be modified, in light
of Executive Order 13526 (Dec. 29,
2009).
4. Investigations With Respect to
Commercial Availability of Textile
Fabric and Yarn in Sub-Saharan African
Countries, 19 CFR part 208. The
Commission intends to review its
regulations addressing investigations
with respect to the commercial
availability of textile fabric and yarn in
Sub-Saharan African countries, to assess
whether these regulations can be
repealed, in light of the repeal of section
112(c)(2) of the African Growth and
Opportunity Act (AGOA), which
required the Commission to make
determinations with respect to the
commercial availability and use of
regional textile fabric or yarn in lesser
developed beneficiary sub-Saharan
African countries in the production of
apparel articles receiving U.S.
preferential treatment under AGOA (see
section 3(a)(2)(B) of Pub. L. 110–436,
October 16, 2008, 122 Stat. 4980).
This list is non-exhaustive and the
Commission will consider whether
other parts of its regulations should also
be subject to review within the next two
years.
VIII. Publishing the Plan Online
The Commission will publish this
plan in the Federal Register and on the
agency’s Web site, at www.usitc.gov.
The Web site includes a page on the
Commission’s Rules of Practice and
Procedure, at https://www.usitc.gov/
secretary/fed_reg_notices/rules/. This
Rules page will include a link to the
plan. Members of the public will be able
to post comments about the plan via a
link on the page. Commenters may also
choose to file comments in paper form
to the Secretary to the Commission,
Room 112, 500 E Street SW.,
Washington, DC 20436.
By Order of the Commission.
Issued: February 8, 2012.
James Holbein,
Secretary to the Commission.
[FR Doc. 2012–3267 Filed 2–13–12; 8:45 am]
BILLING CODE 7020–02–P
E:\FR\FM\14FER1.SGM
14FER1
]]>Agencies
[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Rules and Regulations]
[Pages 8114-8116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3267]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
19 CFR Chapter II
Plan for Retrospective Analysis of Existing Rules
AGENCY: International Trade Commission.
ACTION: Policy statement.
-----------------------------------------------------------------------
SUMMARY: The United States International Trade Commission (Commission)
gives notice of the adoption of a plan for the retrospective analysis
of its existing regulations.
FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Office of the General
Counsel, United States International Trade Commission, telephone 202-
205-3094. Hearing-impaired individuals are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
at 202-
[[Page 8115]]
205-1810. General information concerning the Commission may also be
obtained by accessing its Internet server (https://www.usitc.gov).
SUPPLEMENTARY INFORMATION: Executive Order 13579 of July 11, 2011,
calls on each independent regulatory agency to develop and release to
the public, within 120 days of the date of the Executive Order, a plan
under which the agency will periodically review its significant
regulations to determine whether any such regulations should be
modified, streamlined, expanded, or repealed so as to make the agency's
regulatory program more effective or less burdensome in achieving
regulatory objectives.
The Commission sought public comments on its Preliminary Plan for
Retrospective Analysis of Existing Rules. 76 FR 66004 (Oct. 25, 2011).
It received one comment on the preliminary plan from the law firm of
Hughes Hubbard & Reed. Hughes Hubbard & Reed endorsed the preliminary
plan and urged the Commission in particular to review 19 CFR Part 201.
It stated its belief that certain modifications should be made to this
regulation to render the Commission's investigations more effective.
For example, Hughes Hubbard & Reed advocated broadening the language of
19 CFR 201.12 to clarify that the Commission will accept requests from
parties to take action between an investigation's enumerated briefing
periods. The Commission will take these comments into account when
conducting its retrospective review of its rules.
The Commission has decided to adopt the Plan for Retrospective
Analysis of Existing Rules without significant changes from the version
that was preliminarily proposed. Accordingly, the Commission adopts the
following Plan for Retrospective Analysis of Existing Rules.
United States International Trade Commission
Plan for Retrospective Analysis of Existing Rules
February 2012
I. Executive Summary of Plan
Executive Orders 13579 and 13563 recognize the importance of
maintaining a consistent culture of retrospective review and analysis
throughout the federal government. Executive Order 13579 calls on each
independent regulatory agency to develop and release to the public a
plan, consistent with law and reflecting the agency's resources and
regulatory priorities and processes, under which the agency will
periodically review its significant regulations to determine whether
any such regulations should be modified, streamlined, expanded, or
repealed so as to make the agency's regulatory program more effective
or less burdensome in achieving the regulatory objectives.
Pursuant to Executive Order 13579, the U.S. International Trade
Commission developed this plan for retrospective analysis of its
regulations. The plan is designed to create a defined method and
schedule for identifying and reconsidering certain significant rules
that are obsolete, unnecessary, unjustified, excessively burdensome, or
counterproductive. Its review processes are intended to facilitate the
identification of rules that warrant repeal or modification, or the
strengthening, complementing, or modernizing of rules where necessary
or appropriate.
II. Background
The Commission is an independent, quasi-judicial federal agency
with broad investigative responsibilities on matters of trade. It
investigates the effects of dumped and subsidized imports on domestic
industries, conducts global safeguard investigations, and adjudicates
cases involving imports that allegedly infringe intellectual property
rights. The Commission also serves as a federal resource where trade
data and other trade policy-related information are gathered and
analyzed. The information and analysis are provided to the President,
the Office of the United States Trade Representative (USTR), and
Congress to facilitate the development of sound and informed U.S. trade
policy. The Commission makes most of its information and analysis
available to the public to promote understanding of international trade
issues. The Commission also maintains the Harmonized Tariff Schedule of
the United States (HTS).
Thus, the Commission is not primarily a regulatory agency, and its
regulations generally serve to govern the process of its statutory
investigative responsibilities. In carrying out its mission, the
Commission issues rules of practice and procedure relating to the
conduct of its investigations. The Commission's rules are codified in
Title 19 of the Code of Federal Regulations.
Part 201 of the Commission's rules are rules of general
application relating to the functions and activities of the Commission.
Part 202 sets out rules pertaining to investigations of
costs of production under section 336 of the Tariff Act of 1930, as
amended (19 U.S.C. 1336).
Part 204 contains rules pertaining to investigations of
effects of imports on agricultural programs under section 22 of the
Agricultural Adjustment Act, as amended (7 U.S.C. 624).
Part 205 covers rules pertaining to investigations to
determine the probable economic effect on the economy of the United
States of proposed modifications of duties or any other barrier to (or
other distortion of) international trade or of taking retaliatory
actions to obtain the elimination of unjustifiable or unreasonable
foreign acts or policies which restrict U.S. commerce.
Part 206 pertains to investigations relating to global and
bilateral safeguard actions, market disruption, trade diversion, and
review of relief actions.
Part 207 sets out rules for the conduct of antidumping and
countervailing duty investigations conducted under title VII of the
Tariff Act of 1930, as amended (19 U.S.C. 1671 et seq.).
Part 208 contains rules pertaining to investigations with
respect to the commercial availability of textile fabric and yarn in
Sub-Saharan African countries.
Part 210 sets out rules for the conduct of investigations
of unfair practices in import trade under section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 337).
Part 212 establishes rules for the implementation of the
Equal Access to Justice Act (5 U.S.C. 504).
In the course of its investigations, the Commission generally
issues questionnaires seeking business and financial information from
domestic and foreign firms. These questionnaires are frequently revised
and adapted, with the input of affected parties wherever possible.
The Commission also maintains several documents that provide
guidance to parties involved in its investigations, including its
``Antidumping and Countervailing Duty Handbook,'' ``An Introduction to
Administrative Protective Order Practice in Import Injury
Investigations,'' and the ``Handbook on Electronic Filing Procedures.''
These documents are maintained in electronic form on the Commission's
Web site and are reviewed and updated periodically.
III. Scope of Plan
This plan covers existing regulations, existing information
collections, and significant guidance documents.
[[Page 8116]]
IV. Elements of the Plan
Fostering a Culture of Retrospective Analysis. The Commission
intends to strengthen its culture of retrospective analysis by
informing all of its employees of the plan and periodically seeking
input from them.
Prioritization. The Commission has identified selection criteria
for the rules it will review retrospectively. It will endeavor to
review rules that:
Have been affected by subsequent legal developments;
Overlap, duplicate, or conflict with other federal rules;
Are the subject of public comments, from individuals and
entities that appear before the Commission, and from Congressional and
Executive Branch sources;
Require outdated reporting practices; or
Have been in place for a long time, so that updating may
be appropriate.
Structure and Staffing. The following Commission official will be
responsible for overseeing the retrospective review of existing rules:
James R. Holbein, Secretary, email: secretary@usitc.gov.
Process for Retrospective Review. Every two years, the Commission's
General Counsel will send a memorandum to the Commission's Secretary,
office directors, and administrative law judges asking them for input
on rules suitable for modification or elimination. The Commission will
also seek input from the public at that time. Based on responses to
this memorandum and comments from the public, and in consultation with
Commissioners, the General Counsel's office will make recommendations
to the Commission regarding the possible modification or elimination of
existing regulations. Once an appropriate rule change has been
identified, the Commission will publish a notice of proposed rulemaking
and solicit public comment on the proposed change.
IV. Public Access and Participation
On October 25, 2011, the Commission published a notice in the
Federal Register and posted it on the homepage of its Web site seeking
public comment on the design of this plan and the identification of
specific rules to be included in the plan. 76 FR 66004 (Oct. 25, 2011)
and https://www.usitc.gov/secretary/fed_reg_notices/rules/eRuling_notice10182011sgl.pdf.
The Commission received one comment on the preliminary plan from a
law firm. This firm endorsed the preliminary plan and urged the
Commission to review 19 CFR part 201, and in particular 19 CFR 201.12,
to clarify that the Commission will accept requests from parties to
take action between an investigation's enumerated briefing periods. The
Commission will take these comments into account when conducting its
retrospective review of its rules.
VI. Current Agency Efforts Already Underway Independent of Executive
Order 13579
Even before the issuance of Executive Order 13579, Commission staff
periodically reviewed existing regulations with a view to updating and
improving them, and eliminating redundant or unnecessary regulations.
For example, in October 2011, after notice and comment, the Commission
amended its rules to provide that most documents filed with the agency
will be filed by electronic means. See 76 FR 61937 (Oct. 6, 2011). The
Commission also amended its rules to gather more information on public
interest issues arising out of section 337 complaints. See 76 FR 64803
(Oct. 19, 2011). The Commission's 337 practice has an active and
independent bar association that promotes an ongoing exchange of ideas
on rules updates and improvements. In addition, the Commission staff
constantly adapts the questionnaires that it issues in Title VII
investigations to reflect the specific circumstances of each
investigation. Wherever possible, the staff seek preliminary input from
firms that will be asked to complete these questionnaires. In light of
these efforts, the Commission is well-positioned to implement a more
systematic plan for retrospective review of its regulations.
VII. Examples of Rules for Retrospective Review
The Commission has preliminarily identified the following aspects
of its existing rules for review over the next two years:
1. General review of existing regulations in 19 CFR parts 201, 207,
and 210. The Commission will seek to determine whether any such
regulations shall be modified, streamlined, expanded or repealed so as
to make the agency's regulations more effective or less burdensome.
2. Employee Responsibilities and Conduct, 19 CFR part 200. The
Commission intends to review its regulations addressing employee
responsibilities and conduct, to assess whether these regulations can
be modified or repealed, in light of the issuance of similar
regulations by the Office of Government Ethics.
3. National Security Information, 19 CFR part 201, Subpart F. The
Commission intends to review its regulations addressing national
security information, to assess whether these regulations should be
modified, in light of Executive Order 13526 (Dec. 29, 2009).
4. Investigations With Respect to Commercial Availability of
Textile Fabric and Yarn in Sub-Saharan African Countries, 19 CFR part
208. The Commission intends to review its regulations addressing
investigations with respect to the commercial availability of textile
fabric and yarn in Sub-Saharan African countries, to assess whether
these regulations can be repealed, in light of the repeal of section
112(c)(2) of the African Growth and Opportunity Act (AGOA), which
required the Commission to make determinations with respect to the
commercial availability and use of regional textile fabric or yarn in
lesser developed beneficiary sub-Saharan African countries in the
production of apparel articles receiving U.S. preferential treatment
under AGOA (see section 3(a)(2)(B) of Pub. L. 110-436, October 16,
2008, 122 Stat. 4980).
This list is non-exhaustive and the Commission will consider whether
other parts of its regulations should also be subject to review within
the next two years.
VIII. Publishing the Plan Online
The Commission will publish this plan in the Federal Register and
on the agency's Web site, at www.usitc.gov. The Web site includes a
page on the Commission's Rules of Practice and Procedure, at https://www.usitc.gov/secretary/fed_reg_notices/rules/. This Rules page will
include a link to the plan. Members of the public will be able to post
comments about the plan via a link on the page. Commenters may also
choose to file comments in paper form to the Secretary to the
Commission, Room 112, 500 E Street SW., Washington, DC 20436.
By Order of the Commission.
Issued: February 8, 2012.
James Holbein,
Secretary to the Commission.
[FR Doc. 2012-3267 Filed 2-13-12; 8:45 am]
BILLING CODE 7020-02-P
