Proposed Amendments to Rules of Practice and Procedure, 36446-36449 [2013-14004]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Proposed Rules]
[Pages 36446-36449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14004]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 78, No. 117 / Tuesday, June 18, 2013 / 
Proposed Rules

[[Page 36446]]


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INTERNATIONAL TRADE COMMISSION

19 CFR Parts 201 and 207


Proposed Amendments to Rules of Practice and Procedure

AGENCY: International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States International Trade Commission 
(``Commission'') proposes to amend its Rules of Practice and Procedure 
concerning rules of general application, and provisions concerning the 
conduct of antidumping and countervailing duty investigations and 
reviews. The proposed amendments seek to increase efficiency in 
processing and reviewing documents filed with the Commission and reduce 
Commission expenditures.

DATES: To be assured of consideration, written comments must be 
received by 5:15 p.m. on August 19, 2013.

ADDRESSES: You may submit comments, identified by docket number MISC-
013, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web site: https://edis.usitc.gov. Follow the 
instructions for submitting comments on the Web site.
     Mail: For paper submission. U.S. International Trade 
Commission, 500 E Street SW., Room 112A, Washington, DC 20436.
     Hand Delivery/Courier: U.S. International Trade 
Commission, 500 E Street SW., Room 112A, Washington, DC 20436. From the 
hours of 8:45 a.m. to 5:15 p.m.
    Instructions: All submissions received must include the agency name 
and docket number (MISC-013), along with a cover letter stating the 
nature of the commenter's interest in the proposed rulemaking. All 
comments received will be posted without change to https://edis.usitc.gov, including any personal information provided. For paper 
copies, a signed original and 14 copies of each set of comments should 
be submitted to Lisa R. Barton, Acting Secretary, U.S. International 
Trade Commission, 500 E Street SW., Room 112A, Washington, DC 20436. 
Docket: For access to the docket to read background documents or 
comments received, go to https://edis.usitc.gov and/or the U.S. 
International Trade Commission, 500 E Street SW., Room 112A, 
Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Acting Secretary, 
telephone (202) 205-2000, or David Goldfine, Attorney-Advisor, Office 
of the General Counsel, telephone (202) 708-5452, United States 
International Trade Commission. Hearing-impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal at (202) 205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server at https://www.usitc.gov.

SUPPLEMENTARY INFORMATION: The preamble below is designed to assist 
readers in understanding these proposed amendments to the Commission's 
Rules. This preamble provides background information, a regulatory 
analysis of the proposed amendments, and a section-by-section 
explanation of the proposed amendments. The Commission encourages 
members of the public to comment on the proposed amendments as well as 
on whether the language of the proposed amendments is sufficiently 
clear for users to understand.

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. This rulemaking seeks to improve provisions of the Commission's 
existing Rules of Practice and Procedure. The Commission proposes 
amendments to its rules covering proceedings such as investigations and 
reviews conducted under title VII of the Tariff Act of 1930, and 
sections 202, 406, 421, 422 of the Trade Act of 1974 and sections 302 
and 312 of the North American Free Trade Agreement Implementation Act 
(19 U.S.C. 2252, 2436, 2451, 2451a, 3352, 3372). The Commission invites 
the public to comment on all of these proposed rules amendments. In any 
comments, please consider addressing whether the language of the 
proposed amendments is sufficiently clear for users to understand. In 
addition please consider addressing how the proposed rules amendments 
could be improved, and/or offer specific constructive alternatives 
where appropriate.
    Consistent with its ordinary practice, the Commission is issuing 
these proposed amendments in accordance with provisions of section 553 
of the Administrative Procedure Act (``APA'') (5 U.S.C. 553), although 
such provisions are not mandatory with respect to this rulemaking. The 
APA procedure entails the following steps: (1) Publication of a notice 
of proposed rulemaking; (2) solicitation of public comments on the 
proposed amendments; (3) Commission review of public comments on the 
proposed amendments; and (4) publication of final amendments at least 
thirty days prior to their effective date.
    (1) The Commission proposes to require that all paper copies of 
electronic submissions exceeding fifty (50) pages in length must be 
securely bound and must have a divider page and an identifying tab 
preceding each exhibit and/or attachment. The divider page and/or tab 
must be labeled with a letter or number that corresponds to a more 
fully descriptive index. Examples of secure binding include spiral 
binding, velo binding, and stapling for documents close to the 50-page 
threshold. These new requirements, however, may be waived upon a 
showing of good cause.
    During the course of many proceedings, in particular Title VII 
investigations and reviews, the Commission receives a significant 
number of large submissions with associated exhibits and attachments. 
These amendments will facilitate Commission review of lengthy 
submissions and will allow the Commission more readily to refer to 
discrete portions of these documents. Petitions, which are not 
electronic filings, will also be subject to these requirements, with 
the exception that one copy of the petition must be filed unbound to 
facilitate its scanning into the Commission's Electronic Document 
Information System.

[[Page 36447]]

    (2) In addition to current information requirements, the Commission 
proposes to require that petitioners provide the email address, street 
address, city, state, and 5-digit zip code for each purchaser/contact 
with respect to each lost sales or lost revenue allegation. Requiring 
petitioners to provide this specific information should facilitate the 
Commission's ability to contact purchasers concerning these 
allegations. Under current practice, the Commission collects this 
information from non-petitioning U.S. producers in its questionnaires. 
Requiring petitioners to provide the same information in the petition 
as non-petitioning U.S. producers are required to provide in 
questionnaires should allow for the orderly collection and verification 
of lost sales and lost revenue data by the agency.
    (3) The Commission proposes to require that petitioners must file 
any lost sales or revenue allegation(s) identified in the petition via 
a separate electronic data entry process in a manner to be specified in 
the Commission's Handbook on Filing Procedures. The Commission is 
contemplating various technology options and is soliciting comment 
prior to developing the specific filing instructions.
    Commission staff members currently use facsimile as the primary 
method for contacting purchasers to verify lost sales and lost revenue 
allegations. Two significant problems exist with the use of facsimiles 
for this purpose. First, the process of sending facsimiles to 
purchasers and verifying their receipt is time-consuming and 
inefficient. Additionally, obtaining responses from purchasers via 
facsimile is becoming increasingly difficult as facsimile machines are 
more often perceived as a ``legacy'' technology that has been 
superseded by electronic mail or other electronic communication 
technologies.
    Current options under consideration, for which the Commission is 
seeking comment, include (1) submission of lost sales and lost revenue 
data in an electronic spreadsheet document provided by the Commission 
or (2) direct entry of all allegations into a secure Web-based portal. 
Additional options may be contemplated based on information received 
from public comments or as a result of evolving technological 
capabilities. The Commission intends to develop additional details to 
be included in the Commission's Handbook on Filing Procedures after 
receiving and considering comments on the proposed changes, and once 
the process and system are finalized.
    Requiring that all petitioners file lost sales and revenue 
allegations via a separate electronic data entry process will 
facilitate the use of email as a vehicle for contacting purchasers. 
Email communication will only be used to direct purchasers to a secure 
Web site where they can access the lost sales and/or lost revenue 
allegations specific to each purchaser, and respond to the allegations. 
This should provide faster and more efficient dissemination and 
verification of lost sales and lost revenue information while 
maintaining current levels of security. Requiring submission of the 
data via this separate electronic data entry process should not present 
an undue burden on petitioners since these data are already required to 
be in the petition.
    (4) The Commission proposes to require petitioners to provide email 
addresses for all U.S. producers and U.S. importers identified in the 
petition. The current rules specify that petitioners are required to 
provide contact information for U.S. producers and U.S. importers, 
including street addresses, phone numbers, and contact person(s). 
Requiring petitioners also to provide email addresses for U.S. 
producers and U.S. importers should facilitate the process of 
contacting these firms, thereby streamlining agency proceedings.
    (5) The Commission proposes that all requests for collecting new 
information should be presented at the draft questionnaire stage in 
final phase investigations. The intent of the current provision in 
Commission rule 207.20 was to direct parties to make information 
requests, particularly concerning domestic like product, domestic 
industry, and cumulation issues, in questionnaire comments rather than 
later in the investigation. 61 FR 37818, 37826 (July 22, 1996). 
Notwithstanding this, the Commission has found that parties 
occasionally include in briefs information requests that could have 
been made in questionnaire comments. Commission staff does not have 
sufficient time or resources during the latter stage of final phase 
investigations to embark upon major data collection efforts.
    Consequently, the current information collection provisions of 
section 207.63(b) concerning five-year reviews will be incorporated in 
section 207.20(b). This provision requires that all requests for 
collecting new information should be presented in comments on draft 
questionnaires, and states that the Commission will disregard 
subsequent requests for additional information absent a showing of 
compelling need and that the information could not have been requested 
in the comments on draft questionnaires. These provisions pertaining to 
new information requests have worked effectively in five-year reviews 
and the Commission believes their adoption in final phase 
investigations will also be effective.
    (6) The Commission proposes to extend the deadlines currently 
specified in the rule for instituting and completing changed 
circumstances reviews. The statutory provisions in 19 U.S.C. 1675(b)(1) 
and (b)(2) do not provide any deadline for the Commission to initiate 
or complete a changed circumstance review. Moreover, in prior changed 
circumstance reviews under 19 U.S.C. 1675(b), the Commission has 
extended the deadlines specified in the rule in a not insubstantial 
number of instances in order to analyze extensive record data or to 
collect additional data. The deadline for institution is being extended 
in order to provide the Commission with additional time to analyze 
issues pertaining to complex or contested requests. Extension will also 
provide the agency with greater scheduling flexibility, which is 
particularly needed because the Commission's antidumping and 
countervailing duty docket is larger now than when the rule was first 
promulgated. However, the Commission intends to make its decisions with 
respect to institution and completion of such reviews expeditiously.

Regulatory Analysis of Proposed Amendments to the Commission's Rules

    The Commission has determined that the final rules do not meet the 
criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, Oct. 4, 1993) and thus do not constitute a significant 
regulatory action for purposes of the Executive Order.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is 
inapplicable to this rulemaking because it is not one for which a 
notice of final rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission has chosen to publish a notice 
of proposed rulemaking, these proposed regulations are ``agency rules 
of procedure and practice,'' and thus are exempt from the notice 
requirement imposed by 5 U.S.C. 553(b).
    These proposed rules do not contain federalism implications 
warranting the preparation of a federalism summary impact statement 
pursuant to Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
    No actions are necessary under the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et seq.) because the

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proposed rules will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and will not significantly or 
uniquely affect small governments.
    The proposed rules are not major rules as defined by section 804 of 
the Small Business Regulatory Enforcement Fairness Act of 1996 (5 
U.S.C. 801 et seq.). Moreover, they are exempt from the reporting 
requirements of the Contract With America Advancement Act of 1996 (Pub. 
L. 104-121) because they concern rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties.
    The amendments are not subject to section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), because the amendments would 
impose no new collection of information under the statute.

Section-by-Section Analysis

    Section 201.8 generally provides the requirements for filing 
documents with the Commission. The Commission proposes to amend 
paragraph (d) of Sec.  201.8 to require that all paper copies of 
electronic submissions exceeding fifty (50) pages in length must be 
securely bound and must have a divider page and an identifying tab 
preceding each exhibit and/or attachment. The divider page and/or tab 
must be labeled with a letter or number that corresponds to a more 
fully descriptive index.
    Section 207.10 addresses petition filings with the Commission. The 
Commission proposes to require petitioners to file one unbound copy of 
petitions.
    Section 207.11 addresses the contents of petitions in Title VII 
proceedings. The Commission proposes to revise the language of Sec.  
207.11(b)(2)(ii) and (iii) to require that petitioners provide email 
addresses for all U.S. producers and U.S. importers identified in the 
petition. The Commission further proposes to revise the language of 
Sec.  207.10(b)(2)(v) to specify that petitioners must submit all lost 
sales and lost revenue allegations in electronic format. The Commission 
also proposes to revise the language of Sec.  207.10(b)(2)(v) to 
specify that petitioners also must provide the email address(es), 
street address(es), city, state, and 5-digit zip code for each 
purchaser/contact with respect to all lost sales and lost revenue 
allegations.
    Section 207.20 addresses the Commission's investigative activities 
in final phase investigations. The Commission proposes that all 
requests for collecting new information should be presented at the 
draft questionnaire stage in final phase investigations unless there is 
a compelling showing that a later request is justified.
    Section 207.45 addresses the Commission's procedures for initiating 
and conducting section 751(b) changed circumstances reviews. The 
Commission proposes to extend the deadlines specified in the rule.

List of Subjects in 19 CFR Parts 201 and 207

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

    For the reasons stated in the preamble, the United States 
International Trade Commission proposes to amend 19 CFR parts 201 and 
207 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 paragraph (d)(1) to read as follows:


Sec.  201.8  Filing of documents.

* * * * *
    (d) * * *
    (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 paper copies of electronic submissions exceeding fifty 
(50) pages in length must be securely bound (excluding paper clips, 
binder clips, or rubber bands) and must have a divider page and an 
identifying tab preceding each exhibit and/or attachment. The divider 
page and/or tab must be labeled with a letter or number that 
corresponds to a more fully descriptive index. All filings shall comply 
with the procedures set forth in 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.
* * * * *

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

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

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


Sec.  207.10  Filing of petition with the Commission.

    (a) Filing of the petition. Any interested party who files a 
petition with the administering authority pursuant to section 702(b) or 
section 732(b) of the Act in a case in which a Commission determination 
under title VII of the Act is required, shall file copies of the 
petition and all exhibits, appendices, and attachments thereto, 
pursuant to Sec.  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. Petitioners also must file 
one unbound copy of the petition (although the unbound copy of the 
petition may be stapled or held together by means of a clip). 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. 
Notwithstanding Sec.  207.11 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
5. Amend Sec.  207.11 by revising paragraphs (b)(2)(ii), (iii), and (v) 
to read as follows:


Sec.  207.11  Contents of petition.

* * * * *
    (b) * * *
    (2) * * *
    (ii) A listing of all U.S. producers of the proposed domestic like 
product(s),

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including a street address, phone number, and contact person(s) with 
email address(es) for each producer;
    (iii) A listing of all U.S. importers of the subject merchandise, 
including street addresses, email addresses, and phone numbers for each 
importer.
* * * * *
    (v) A listing of all sales or revenue lost by each petitioning firm 
by reason of the subject merchandise during the three years preceding 
filing of the petition. For each named purchaser, petitioners must 
provide the email address of the specific contact person, street 
address, city, state, and 5-digit zip code with respect to each lost 
sales or lost revenue allegation. Petitioners must certify that all 
lost sales or lost revenue allegations identified in the petition will 
also be submitted electronically in the manner specified in the 
Commission's Handbook on Filing Procedures.
* * * * *
0
6. Amend Sec.  207.20 by revising paragraph (b) to read as follows:


Sec.  207.20  Investigative activity following preliminary 
determination.

* * * * *
    (b) The Director shall circulate draft questionnaires for the final 
phase of an investigation to parties to the investigation for comment. 
Any party desiring to comment on draft questionnaires shall submit such 
comments in writing to the Commission within a time specified by the 
Director. All requests for collecting new information shall be 
presented at this time. The Commission will disregard subsequent 
requests for collection of new information absent a showing that there 
is a compelling need for the information and that the information could 
not have been requested in the comments on the draft questionnaires.
0
7. Amend Sec.  207.45 by revising paragraph (c) to read as follows:


Sec.  207.45  Investigation to review outstanding determination.

* * * * *
    (c) Institution of an investigation. Within forty-five (45) days 
after the close of the period for public comments following publication 
of the receipt of a request, the Commission shall determine whether the 
request shows changed circumstances sufficient to warrant a review and, 
if so, shall institute a review investigation. The Commission may also 
institute a review investigation on its own initiative. The review 
investigation shall be instituted by notice published in the Federal 
Register and shall be completed within one hundred eighty (180) days of 
the date of such publication. If the Commission determines that a 
request does not show changed circumstances sufficient to warrant a 
review, the request shall be dismissed and a notice of the dismissal 
published in the Federal Register stating the reasons therefor.
* * * * *

    By order of the Commission.

    Issued: June 7, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14004 Filed 6-17-13; 8:45 am]
BILLING CODE 7020-02-P