[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]
[Page 65615-65616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no08-74]
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INTERNATIONAL TRADE COMMISSION
Initiation of Pilot Mediation Program for Investigations Under
Section 337 of the Tariff Act of 1930
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has approved the
initiation of a voluntary pilot mediation program for investigations
under section 337 of the Tariff Act of 1930, as amended.
FOR FURTHER INFORMATION CONTACT: James Holbein, Supervisory Attorney
for Docket Services, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-1873, or James Worth,
Office of the General Counsel, U.S. International Trade Commission, 500
E Street, SW., Washington, DC 20436, telephone (202) 205-3065. General
information concerning the Commission may also be obtained by accessing
its Internet server at http://www.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.
[[Page 65616]]
SUPPLEMENTARY INFORMATION: The Commission has approved the initiation
of a voluntary pilot mediation program for investigations under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section
337''). The purposes of the pilot mediation program are to facilitate
the settlement of disputes and to evaluate the possible implementation
of a permanent mediation program.
As discussed in a Users' Manual for the Commission Pilot Mediation
Program (Users' Manual), available at http://www.usitc.gov, the
Commission will facilitate the holding of a settlement conference with
a professional mediator for investigations participating in the pilot
mediation program. The administrative management of the pilot mediation
program is coordinated by the Supervisory Attorney for Docket Services.
The pilot mediation program is supervised by the Office of the
Chairman.
All section 337 investigations are eligible for participation in
the pilot mediation program. A presiding Administrative Law Judge may
nominate an investigation for inclusion in the pilot mediation program
by so indicating to the Supervisory Attorney for Docket Services.
Private parties may also request, individually or jointly, that an
investigation be included in the pilot mediation program by filing a
Confidential Request to Enter Mediation, a form which will be available
from the Office of Dockets and at http://www.usitc.gov. Such a request
should be submitted to: James R. Holbein, Supervisory Attorney, Docket
Services, U.S. International Trade Commission, 500 E Street SW., Room
112, Washington, DC 20436.
While it is expected that all or nearly all of the selections for
inclusion in the pilot mediation program will be made at the initiative
of the presiding Administrative Law Judge or counsel for the parties,
the Supervisory Attorney for Docket Services may select additional
investigations for inclusion in the pilot mediation program at the
direction of the Office of the Chairman. Although the Administrative
Law Judge and the Commission have the power under the Administrative
Procedure Act to require attendance at a settlement conference,
including the use of alternative dispute resolution, the Commission has
determined that parties' participation in the pilot mediation program
will be on a voluntary basis. At the same time, the mediator will
conduct the mediation only if he or she believes that the case would
benefit from mediation and has settlement potential. The Commission
gives notice that parties should not seek to delay or postpone
proceedings before the presiding administrative law judge based on
their participation in the pilot mediation program.
As described in the Users' Manual, mediation is a confidential
process. The Commission investigative attorney will not conduct,
participate in, or have knowledge of the proceedings, but may,
consistent with current practice, review any settlement agreement that
arises out of a successful mediation in making a recommendation to the
Administrative Law Judge regarding whether a settlement is in the
public interest.
The authority for the Commission's determination is contained in
the Administrative Procedure Act, as amended, see 5 U.S.C. 556(c)(6)-
(8), 572-74, 583, and in sections 335 and 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1335, 1337.
By order of the Commission.
Issued: October 29, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-26196 Filed 11-3-08; 8:45 am]
BILLING CODE 7020-02-P