Foreign Censorship Part 1: Policies and Practices Affecting U.S. Businesses and Investigation No. 332-586: Foreign Censorship Part 2: Trade and Economic Effects on U.S. Businesses, 26064-26066 [2021-09991]
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26064
Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–585]
Foreign Censorship Part 1: Policies
and Practices Affecting U.S.
Businesses and Investigation No. 332–
586: Foreign Censorship Part 2: Trade
and Economic Effects on U.S.
Businesses
United States International
Trade Commission.
ACTION: Change in title, scope, and
schedule of Investigation No. 332–585
and institution of Investigation No. 332–
586 to address trade and economic
effects of foreign censorship on U.S.
businesses.
AGENCY:
Following receipt of a letter
from the U.S. Senate Committee on
Finance (Committee) on April 8, 2021,
under section 332(g) of the Tariff Act of
1930, the Commission has changed the
title, scope, and schedule, including the
hearing date, for Investigation No. 332–
585, with the investigation to be retitled
Foreign Censorship Part 1: Policies and
Practices Affecting U.S. Businesses. The
Commission has also instituted a second
Investigation in response to the letter,
Investigation No. 332–586, Foreign
Censorship Part 2: Trade and Economic
Effects on U.S. Businesses. The public
hearing has been rescheduled to July 1,
2021 and will be in conjunction with
both investigations. The hearing will be
conducted via an online
videoconferencing platform. Dates
relating to written submissions have
been adjusted accordingly.
DATES:
June 17, 2021: Deadline for filing
requests to appear at the public hearing.
June 18, 2021: Deadline for filing
prehearing briefs and statements.
June 24, 2021: Deadline for filing
electronic copies of oral hearing
statements.
July 1, 2021: Public hearing.
July 12, 2021: Deadline for filing
posthearing briefs and statements.
July 22, 2021: Deadline for filing all
other written submissions for
Investigation No. 332–585.
December 30, 2021: Transmittal of
Commission’s Part 1 report to the
Committee.
January 14, 2022: Deadline for filing
all other written submissions for
Investigation No. 332–586.
July 5, 2022: Transmittal of
Commission’s Part 2 report to the
Committee.
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SUMMARY:
All Commission offices,
including the Commission’s hearing
rooms, are located in the U.S.
ADDRESSES:
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Jkt 253001
International Trade Commission
Building, 500 E Street SW, Washington,
DC. All written submissions should be
submitted electronically and addressed
to the Secretary, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Project Leader Isaac Wohl (202–205–
3356 or isaac.wohl@usitc.gov), or
Deputy Project Leader Jean Yuan (202–
205–2383 or wen.yuan@usitc.gov) for
information specific to Investigation No.
332–585. Project Leader Ricky Ubee
(202–205–3493 or ravinder.ubee@
usitc.gov), Deputy Project Leader Shova
KC (202–205–2234 or shova.kc@
usitc.gov), or Deputy Project Leader
George Serletis (202–205–3315 or
george.serletis@usitc.gov) for
information specific to Investigation No.
332–586. For information on the legal
aspects of these investigations, contact
William Gearhart of the Commission’s
Office of the General Counsel (202–205–
3091 or william.gearhart@usitc.gov).
The media should contact Margaret
O’Laughlin, Office of External Relations
(202–205–1819 or margaret.olaughlin@
usitc.gov). Hearing-impaired individuals
may obtain information on this matter
by contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
website (https://www.usitc.gov).
SUPPLEMENTARY INFORMATION: The
Committee’s new letter received on
April 8, 2021 modified its earlier letter
of January 4, 2021 in three principal
ways: (1) It calls for two reports instead
of one, with the first report to focus on
policies and practices affecting U.S.
businesses, and a second to focus on
trade and economic effects on U.S.
businesses, based in part on a
Commission survey; (2) it defines the
scope of the investigations by indicating
which elements of the original request
letter should be addressed in the first
and second reports, respectively; and (3)
it provides a new delivery date for the
first report (December 30, 2021) and sets
a later delivery date for the second
report (July 5, 2022). As in the January
4, 2021, letter, the Committee requested
the investigations and reports pursuant
to section 332(g) of the Tariff Act of
1930 (19 U.S.C. 1332(g)). The
Commission published the initial notice
of Investigation No. 332–585 in the
Federal Register of January 29, 2021 (86
FR 7559).
As in the original letter, the
Committee defined censorship as ‘‘the
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prohibition or suppression of speech or
other forms of communication,’’ and
stated that foreign governments use
many tools to carry out censorship,
including technological measures that
restrict digital trade. The Committee
said that these tools, and the policies
that enable them, allow authorities in
foreign markets to limit speech by
controlling the flow of information and
services.
In response to the Committee’s letter
received on April 8, 2021, the
Commission has changed the title of the
report in Investigation No. 332–585, to
Foreign Censorship Part 1: Policies and
Practices Affecting U.S. Businesses, and
it has changed the delivery date for this
first report to December 30, 2021. The
first report will contain detailed
information on the following:
1. Identification and descriptions of
various foreign censorship practices, in
particular any examples that U.S.
businesses consider to impede trade or
investment in key foreign markets. The
description should include to the extent
practicable:
a. The evolution of censorship
policies and practices over the past 5
years in key foreign markets;
b. any elements that entail
extraterritorial censorship; and
c. the roles of governmental and nongovernmental actors in implementation
and enforcement of the practices.
In response to the request for the
second report, the Commission has
instituted Investigation No. 332–586,
Foreign Censorship Part 2: Trade and
Economic Effects on U.S. Businesses.
The Commission will deliver the second
report by July 5, 2022. The second
report will provide:
2. To the extent practicable, including
through the use of survey data, an
analysis of the trade and economic
effects of such policies and practices on
affected businesses in the United States
and their global operations. The analysis
should include to the extent practicable,
quantitative and qualitative impacts of
the identified policies, including by
reference, where identifiable, to:
a. Impact on employment;
b. direct costs (e.g., compliance and
entry costs);
c. foregone revenue and sales;
d. self-censorship; and
e. other effects the Commission
considers relevant for the Committee to
know.
In view of the fact the Committee
intends to make these reports available
to the public in their entirety, the
Commission will not include any
confidential business information in its
reports.
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
Public Hearing: A public hearing in
connection with both investigations will
be held via an online videoconferencing
platform, beginning at 9:30 a.m. on July
1, 2021. This hearing replaces the
previously announced hearing in
connection with Investigation No. 332–
585, scheduled for September 14, 2021.
Information about how to participate in
or view the hearing will be posted on
the Commission’s website at (https://
usitc.gov/research_and_analysis/what_
we_are_working_on.htm). Once on that
web page, scroll down to either entry for
Investigation No. 332–585, Foreign
Censorship Part 1: Policies and
Practices Affecting U.S. Businesses or
Investigation No. 332–586, Foreign
Censorship Part 2: Trade and Economic
Effects on U.S. Businesses and click on
the link to ‘‘Hearing Instructions.’’
Interested parties should check the
Commission’s website periodically for
updates.
Requests to appear at the public
hearing should be filed electronically
with the Secretary no later than 5:15
p.m., June 17, 2021, in accordance with
the requirements in the ‘‘Written
Submissions’’ section below. All
prehearing briefs and statements should
be filed electronically not later than 5:15
p.m., June 18, 2021. To facilitate the
hearing, including the preparation of an
accurate written transcript of the
hearing, oral testimony to be presented
at the hearing must be submitted to the
Commission electronically no later than
noon, June 24, 2021. All posthearing
briefs and statements should be filed
electronically not later than 5:15 p.m.,
July 12, 2021. Posthearing briefs and
statements should address matters
raised at the hearing. For a description
of the different types of written briefs
and statements, see the ‘‘Definitions’’
section below.
In the event that, as of the close of
business on June 17, 2021, no witnesses
are scheduled to appear at the hearing,
the hearing will be canceled. Any
person interested in attending the
hearing as an observer or nonparticipant
should contact the Office of the
Secretary at 202–205–2000 after June 17,
2021, for information concerning
whether the hearing will be held.
Written Submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to file,
electronically, written submissions
concerning these investigations. All
written submissions should be
addressed to the Secretary. Written
submissions specific to Investigation
No. 332–585, Foreign Censorship Part 1:
Policies and Practices Affecting U.S.
Businesses, should be received not later
than 5:15 p.m., July 22, 2021. Written
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17:58 May 11, 2021
Jkt 253001
submissions specific to Investigation
No. 332–586, Foreign Censorship Part 2:
Trade and Economic Effects on U.S.
Businesses, should be received not later
than 5:15 p.m., January 14, 2022. All
written submissions must conform to
the provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8), as
temporarily amended by 85 FR 15798
(March 19, 2020). Under that rule
waiver, the Office of the Secretary will
accept only electronic filings at this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice. Persons with questions
regarding electronic filing should
contact the Office of the Secretary,
Docket Services Division (202–205–
1802), or consult the Commission’s
Handbook on Filing Procedures.
Definitions of Types of Documents
That May Be Filed; Requirements: In
addition to requests to appear at the
hearing, this notice provides for the
possible filing of four types of
documents: Prehearing briefs, oral
hearing statements, posthearing briefs,
and other written submissions.
(1) Prehearing briefs refers to written
materials relevant to the investigation
and submitted in advance of the
hearing, and includes written views on
matters that are the subject of the
investigation, supporting materials, and
any other written materials that you
consider will help the Commission in
understanding your views. You should
file a prehearing brief particularly if you
plan to testify at the hearing on behalf
of an industry group, company, or other
organization, and wish to provide
detailed views or information that will
support or supplement your testimony.
(2) Oral hearing statements
(testimony) refers to the actual oral
statement that you intend to present at
the public hearing. Do not include any
confidential business information in
that statement. If you plan to testify, you
must file a copy of your oral statement
by the date specified in this notice. This
statement will allow Commissioners to
understand your position in advance of
the hearing and will also assist the court
reporter in preparing an accurate
transcript of the hearing (e.g., names
spelled correctly).
(3) Posthearing briefs refers to
submissions filed after the hearing by
persons who appeared at the hearing.
Such briefs: (a) Should be limited to
matters that arose during the hearing, (b)
should respond to any Commissioner
and staff questions addressed to you at
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26065
the hearing, (c) should clarify, amplify,
or correct any statements you made at
the hearing, and (d) may, at your option,
address or rebut statements made by
other participants in the hearing.
(4) Other written submissions refers to
any other written submissions that
interested persons wish to make,
regardless of whether they appeared at
the hearing, and may include new
information or updates of information
previously provided.
There is no standard format that briefs
or other written submissions must
follow. However, each such document
must identify on its cover (1) the
investigation number and title and the
type of document filed (i.e., prehearing
brief, oral statement of (name),
posthearing brief, or written
submission), (2) the name of the person
or organization filing it, and (3) whether
it contains confidential business
information (CBI). If it contains CBI, it
must comply with the marking and
other requirements set out below in this
notice relating to CBI. Submitters of
written documents (other than oral
hearing statements) are encouraged to
include a short summary of their
position or interest at the beginning of
the document, and a table of contents
when the document addresses multiple
issues.
Confidential Business Information:
Any submissions that contain
confidential business information must
also conform to the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information is clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
As requested by the Committee on
Finance, the Commission will not
include any confidential business
information in its report. However, all
information, including confidential
business information, submitted in this
investigation may be disclosed to and
used: (i) By the Commission, its
employees and Offices, and contract
personnel (a) for developing or
maintaining the records of this or a
related proceeding, or (b) in internal
investigations, audits, reviews, and
evaluations relating to the programs,
personnel, and operations of the
Commission including under 5 U.S.C.
Appendix 3; or (ii) by U.S. government
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26066
Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Notices
employees and contract personnel for
cybersecurity purposes. The
Commission will not otherwise disclose
any confidential business information in
a way that would reveal the operations
of the firm supplying the information.
Summaries of Written Submissions:
Persons wishing to have a summary of
their position included in the first
report should include a summary with
their written submission on or before
July 22, 2021 and should mark the
summary as having been provided for
that purpose. The summary should be
clearly marked as ‘‘summary for
inclusion in the part 1 report’’ at the top
of the page. Persons wishing to have a
summary of their position included in
the second report should include a
summary with their written submission
on or before January 14, 2022 and
should mark the summary as having
been provided for that purpose. The
summary should be clearly marked as
‘‘summary for inclusion in the part 2
report’’ at the top of the page.
The summary may not exceed 500
words, should be in MS Word format or
a format that can be easily converted to
MS Word, and should not include any
confidential business information. The
summary will be published as provided
if it meets these requirements and is
germane to the subject matter of the
investigation. The Commission will list
the name of the organization furnishing
the summary and will include a link to
the Commission’s Electronic Document
Information System (EDIS) where the
written submission can be found.
By order of the Commission.
Issued: May 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–09991 Filed 5–11–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Electrolyte Containing
Beverages and Labeling and Packaging
Thereof, DN 3547; the Commission is
soliciting comments on any public
interest issues raised by the complaint
or complainant’s filing pursuant to the
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:58 May 11, 2021
Jkt 253001
Commission’s Rules of Practice and
Procedure.
Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
FOR FURTHER INFORMATION CONTACT:
The
Commission has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of CAB
Enterprises, Inc. and Sueros y Bebidas
Rehidratantes S.A. de C.V. on May 6,
2021. The complaint alleges violations
of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain electrolyte containing beverages
and labeling and packaging thereof. The
complainant names as respondents:
Flexicompuestos S.A. de C.V. of
Mexico; Grupo Comercial Lux del Norte
S.A. de C.V. of Mexico; Carbonera Los
Asadores S.A. de C.V. of Mexico; Caribe
Agencia Express, S.A. de C.V. of
Mexico; Comercializadora Degu S.A. de
C.V. of Mexico; Comercial Trevin˜o de
Reynosa, S.A. de C.V. of Mexico; H & F
Tech International S.A. de C.V. of
Mexico; MPC Foods S.A. de C.V. of
Mexico; Myrna Guadalupe Perez
Martinez of Mexico; Leticia Ange´lica
Saenz Fernandez of Mexico; Yoselen
Susana Martinez Tirado of Mexico;
Distribuidora Mercatto S.A. de C.V. of
Mexico; Comercializadora Embers S.A.
de C.V. of Mexico; and Manuel Bautista
Nogales of Mexico. The complainant
requests that the Commission issue a
general exclusion order, cease and
desist orders, and impose a bond upon
respondent alleged infringing articles
during the 60-day Presidential review
period pursuant to 19 U.S.C. 1337(j).
SUPPLEMENTARY INFORMATION:
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Proposed respondents, other
interested parties, and members of the
public are invited to file comments on
any public interest issues raised by the
complaint or § 210.8(b) filing.
Comments should address whether
issuance of the relief specifically
requested by the complainant in this
investigation would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions on the public
interest must be filed no later than by
close of business, eight calendar days
after the date of publication of this
notice in the Federal Register. There
will be further opportunities for
comment on the public interest after the
issuance of any final initial
determination in this investigation. Any
written submissions on other issues
must also be filed by no later than the
close of business, eight calendar days
after publication of this notice in the
Federal Register. Complainant may file
replies to any written submissions no
later than three calendar days after the
date on which any initial submissions
were due. No other submissions will be
accepted, unless requested by the
Commission. Any submissions and
replies filed in response to this Notice
are limited to five (5) pages in length,
inclusive of attachments.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. Submissions should refer
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]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26064-26066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09991]
[[Page 26064]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 332-585]
Foreign Censorship Part 1: Policies and Practices Affecting U.S.
Businesses and Investigation No. 332-586: Foreign Censorship Part 2:
Trade and Economic Effects on U.S. Businesses
AGENCY: United States International Trade Commission.
ACTION: Change in title, scope, and schedule of Investigation No. 332-
585 and institution of Investigation No. 332-586 to address trade and
economic effects of foreign censorship on U.S. businesses.
-----------------------------------------------------------------------
SUMMARY: Following receipt of a letter from the U.S. Senate Committee
on Finance (Committee) on April 8, 2021, under section 332(g) of the
Tariff Act of 1930, the Commission has changed the title, scope, and
schedule, including the hearing date, for Investigation No. 332-585,
with the investigation to be retitled Foreign Censorship Part 1:
Policies and Practices Affecting U.S. Businesses. The Commission has
also instituted a second Investigation in response to the letter,
Investigation No. 332-586, Foreign Censorship Part 2: Trade and
Economic Effects on U.S. Businesses. The public hearing has been
rescheduled to July 1, 2021 and will be in conjunction with both
investigations. The hearing will be conducted via an online
videoconferencing platform. Dates relating to written submissions have
been adjusted accordingly.
DATES:
June 17, 2021: Deadline for filing requests to appear at the public
hearing.
June 18, 2021: Deadline for filing prehearing briefs and
statements.
June 24, 2021: Deadline for filing electronic copies of oral
hearing statements.
July 1, 2021: Public hearing.
July 12, 2021: Deadline for filing posthearing briefs and
statements.
July 22, 2021: Deadline for filing all other written submissions
for Investigation No. 332-585.
December 30, 2021: Transmittal of Commission's Part 1 report to the
Committee.
January 14, 2022: Deadline for filing all other written submissions
for Investigation No. 332-586.
July 5, 2022: Transmittal of Commission's Part 2 report to the
Committee.
ADDRESSES: All Commission offices, including the Commission's hearing
rooms, are located in the U.S. International Trade Commission Building,
500 E Street SW, Washington, DC. All written submissions should be
submitted electronically and addressed to the Secretary, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Project Leader Isaac Wohl (202-205-
3356 or [email protected]), or Deputy Project Leader Jean Yuan (202-
205-2383 or [email protected]) for information specific to
Investigation No. 332-585. Project Leader Ricky Ubee (202-205-3493 or
[email protected]), Deputy Project Leader Shova KC (202-205-2234
or [email protected]), or Deputy Project Leader George Serletis (202-
205-3315 or [email protected]) for information specific to
Investigation No. 332-586. For information on the legal aspects of
these investigations, contact William Gearhart of the Commission's
Office of the General Counsel (202-205-3091 or
[email protected]). The media should contact Margaret
O'Laughlin, Office of External Relations (202-205-1819 or
[email protected]). Hearing-impaired individuals may obtain
information on this matter by contacting the Commission's TDD terminal
at 202-205-1810. General information concerning the Commission may also
be obtained by accessing its website (https://www.usitc.gov).
SUPPLEMENTARY INFORMATION: The Committee's new letter received on April
8, 2021 modified its earlier letter of January 4, 2021 in three
principal ways: (1) It calls for two reports instead of one, with the
first report to focus on policies and practices affecting U.S.
businesses, and a second to focus on trade and economic effects on U.S.
businesses, based in part on a Commission survey; (2) it defines the
scope of the investigations by indicating which elements of the
original request letter should be addressed in the first and second
reports, respectively; and (3) it provides a new delivery date for the
first report (December 30, 2021) and sets a later delivery date for the
second report (July 5, 2022). As in the January 4, 2021, letter, the
Committee requested the investigations and reports pursuant to section
332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)). The Commission
published the initial notice of Investigation No. 332-585 in the
Federal Register of January 29, 2021 (86 FR 7559).
As in the original letter, the Committee defined censorship as
``the prohibition or suppression of speech or other forms of
communication,'' and stated that foreign governments use many tools to
carry out censorship, including technological measures that restrict
digital trade. The Committee said that these tools, and the policies
that enable them, allow authorities in foreign markets to limit speech
by controlling the flow of information and services.
In response to the Committee's letter received on April 8, 2021,
the Commission has changed the title of the report in Investigation No.
332-585, to Foreign Censorship Part 1: Policies and Practices Affecting
U.S. Businesses, and it has changed the delivery date for this first
report to December 30, 2021. The first report will contain detailed
information on the following:
1. Identification and descriptions of various foreign censorship
practices, in particular any examples that U.S. businesses consider to
impede trade or investment in key foreign markets. The description
should include to the extent practicable:
a. The evolution of censorship policies and practices over the past
5 years in key foreign markets;
b. any elements that entail extraterritorial censorship; and
c. the roles of governmental and non-governmental actors in
implementation and enforcement of the practices.
In response to the request for the second report, the Commission
has instituted Investigation No. 332-586, Foreign Censorship Part 2:
Trade and Economic Effects on U.S. Businesses. The Commission will
deliver the second report by July 5, 2022. The second report will
provide:
2. To the extent practicable, including through the use of survey
data, an analysis of the trade and economic effects of such policies
and practices on affected businesses in the United States and their
global operations. The analysis should include to the extent
practicable, quantitative and qualitative impacts of the identified
policies, including by reference, where identifiable, to:
a. Impact on employment;
b. direct costs (e.g., compliance and entry costs);
c. foregone revenue and sales;
d. self-censorship; and
e. other effects the Commission considers relevant for the
Committee to know.
In view of the fact the Committee intends to make these reports
available to the public in their entirety, the Commission will not
include any confidential business information in its reports.
[[Page 26065]]
Public Hearing: A public hearing in connection with both
investigations will be held via an online videoconferencing platform,
beginning at 9:30 a.m. on July 1, 2021. This hearing replaces the
previously announced hearing in connection with Investigation No. 332-
585, scheduled for September 14, 2021. Information about how to
participate in or view the hearing will be posted on the Commission's
website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm). Once on that web page, scroll down to
either entry for Investigation No. 332-585, Foreign Censorship Part 1:
Policies and Practices Affecting U.S. Businesses or Investigation No.
332-586, Foreign Censorship Part 2: Trade and Economic Effects on U.S.
Businesses and click on the link to ``Hearing Instructions.''
Interested parties should check the Commission's website periodically
for updates.
Requests to appear at the public hearing should be filed
electronically with the Secretary no later than 5:15 p.m., June 17,
2021, in accordance with the requirements in the ``Written
Submissions'' section below. All prehearing briefs and statements
should be filed electronically not later than 5:15 p.m., June 18, 2021.
To facilitate the hearing, including the preparation of an accurate
written transcript of the hearing, oral testimony to be presented at
the hearing must be submitted to the Commission electronically no later
than noon, June 24, 2021. All posthearing briefs and statements should
be filed electronically not later than 5:15 p.m., July 12, 2021.
Posthearing briefs and statements should address matters raised at the
hearing. For a description of the different types of written briefs and
statements, see the ``Definitions'' section below.
In the event that, as of the close of business on June 17, 2021, no
witnesses are scheduled to appear at the hearing, the hearing will be
canceled. Any person interested in attending the hearing as an observer
or nonparticipant should contact the Office of the Secretary at 202-
205-2000 after June 17, 2021, for information concerning whether the
hearing will be held.
Written Submissions: In lieu of or in addition to participating in
the hearing, interested parties are invited to file, electronically,
written submissions concerning these investigations. All written
submissions should be addressed to the Secretary. Written submissions
specific to Investigation No. 332-585, Foreign Censorship Part 1:
Policies and Practices Affecting U.S. Businesses, should be received
not later than 5:15 p.m., July 22, 2021. Written submissions specific
to Investigation No. 332-586, Foreign Censorship Part 2: Trade and
Economic Effects on U.S. Businesses, should be received not later than
5:15 p.m., January 14, 2022. All written submissions must conform to
the provisions of section 201.8 of the Commission's Rules of Practice
and Procedure (19 CFR 201.8), as temporarily amended by 85 FR 15798
(March 19, 2020). Under that rule waiver, the Office of the Secretary
will accept only electronic filings at this time. Filings must be made
through the Commission's Electronic Document Information System (EDIS,
https://edis.usitc.gov). No in-person paper-based filings or paper
copies of any electronic filings will be accepted until further notice.
Persons with questions regarding electronic filing should contact the
Office of the Secretary, Docket Services Division (202-205-1802), or
consult the Commission's Handbook on Filing Procedures.
Definitions of Types of Documents That May Be Filed; Requirements:
In addition to requests to appear at the hearing, this notice provides
for the possible filing of four types of documents: Prehearing briefs,
oral hearing statements, posthearing briefs, and other written
submissions.
(1) Prehearing briefs refers to written materials relevant to the
investigation and submitted in advance of the hearing, and includes
written views on matters that are the subject of the investigation,
supporting materials, and any other written materials that you consider
will help the Commission in understanding your views. You should file a
prehearing brief particularly if you plan to testify at the hearing on
behalf of an industry group, company, or other organization, and wish
to provide detailed views or information that will support or
supplement your testimony.
(2) Oral hearing statements (testimony) refers to the actual oral
statement that you intend to present at the public hearing. Do not
include any confidential business information in that statement. If you
plan to testify, you must file a copy of your oral statement by the
date specified in this notice. This statement will allow Commissioners
to understand your position in advance of the hearing and will also
assist the court reporter in preparing an accurate transcript of the
hearing (e.g., names spelled correctly).
(3) Posthearing briefs refers to submissions filed after the
hearing by persons who appeared at the hearing. Such briefs: (a) Should
be limited to matters that arose during the hearing, (b) should respond
to any Commissioner and staff questions addressed to you at the
hearing, (c) should clarify, amplify, or correct any statements you
made at the hearing, and (d) may, at your option, address or rebut
statements made by other participants in the hearing.
(4) Other written submissions refers to any other written
submissions that interested persons wish to make, regardless of whether
they appeared at the hearing, and may include new information or
updates of information previously provided.
There is no standard format that briefs or other written
submissions must follow. However, each such document must identify on
its cover (1) the investigation number and title and the type of
document filed (i.e., prehearing brief, oral statement of (name),
posthearing brief, or written submission), (2) the name of the person
or organization filing it, and (3) whether it contains confidential
business information (CBI). If it contains CBI, it must comply with the
marking and other requirements set out below in this notice relating to
CBI. Submitters of written documents (other than oral hearing
statements) are encouraged to include a short summary of their position
or interest at the beginning of the document, and a table of contents
when the document addresses multiple issues.
Confidential Business Information: Any submissions that contain
confidential business information must also conform to the requirements
of section 201.6 of the Commission's Rules of Practice and Procedure
(19 CFR 201.6). Section 201.6 of the rules requires that the cover of
the document and the individual pages be clearly marked as to whether
they are the ``confidential'' or ``non-confidential'' version, and that
the confidential business information is clearly identified by means of
brackets. All written submissions, except for confidential business
information, will be made available for inspection by interested
parties.
As requested by the Committee on Finance, the Commission will not
include any confidential business information in its report. However,
all information, including confidential business information, submitted
in this investigation may be disclosed to and used: (i) By the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
[[Page 26066]]
employees and contract personnel for cybersecurity purposes. The
Commission will not otherwise disclose any confidential business
information in a way that would reveal the operations of the firm
supplying the information.
Summaries of Written Submissions: Persons wishing to have a summary
of their position included in the first report should include a summary
with their written submission on or before July 22, 2021 and should
mark the summary as having been provided for that purpose. The summary
should be clearly marked as ``summary for inclusion in the part 1
report'' at the top of the page. Persons wishing to have a summary of
their position included in the second report should include a summary
with their written submission on or before January 14, 2022 and should
mark the summary as having been provided for that purpose. The summary
should be clearly marked as ``summary for inclusion in the part 2
report'' at the top of the page.
The summary may not exceed 500 words, should be in MS Word format
or a format that can be easily converted to MS Word, and should not
include any confidential business information. The summary will be
published as provided if it meets these requirements and is germane to
the subject matter of the investigation. The Commission will list the
name of the organization furnishing the summary and will include a link
to the Commission's Electronic Document Information System (EDIS) where
the written submission can be found.
By order of the Commission.
Issued: May 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09991 Filed 5-11-21; 8:45 am]
BILLING CODE 7020-02-P
