[Federal Register: June 3, 2003 (Volume 68, Number 106)]
[Rules and Regulations]
[Page 32971-32979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn03-5]
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INTERNATIONAL TRADE COMMISSION
19 CFR Parts 201, 204, 206, 207, 210, and 212
Rules of General Application; Investigations of Effects of
Imports on Agricultural Programs; Investigations Relating to Global and
Bilateral Safeguard Actions, Market Disruption, Trade Diversion and
Review of Relief Actions; and Investigations of Whether Injury to
Domestic Industries Results From Imports Sold at Less Than Fair Value
or From Subsidized Exports to the United States; Adjudication and
Enforcement; Implementation of the Equal Access to Justice Act
AGENCY: International Trade Commission.
ACTION: Final rules.
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SUMMARY: The United States International Trade Commission (Commission)
amends its rules of practice and procedure concerning rules of general
application, safeguard investigations, antidumping and countervailing
duty investigations and reviews, intellectual property-related
investigations, and the Equal Access to Justice Act, in 19 CFR parts
201, 206, 207, 210, and 212. The Commission also renumbers two
footnotes in 19 CFR part 204. The amendments are necessary to make
certain technical corrections, to clarify certain provisions, to
harmonize different parts of the Commission's rules, and to address
concerns that have arisen in Commission practice. The intended effect
of the amendments is to facilitate compliance with the Commission's
rules and improve the administration of agency proceedings.
DATES: These rules are effective August 4, 2003, without further
action, unless adverse comment is received by July 3, 2003. If adverse
comment is received, the Commission will publish a timely withdrawal of
the rules in the Federal Register.
ADDRESSES: A signed original and 8 copies of each set of comments on
these amendments to the Commission's Rules, along with a cover letter,
should be submitted by mail or hand delivery to Marilyn R. Abbott,
Secretary, United States International Trade Commission, 500 E Street,
SW., Room 112, Washington, DC 20436. Comments may be submitted
electronically to the extent provided by section 201.8 of the
Commission's rules, as amended by 67 FR 68063 (Nov. 8, 2002).
FOR FURTHER INFORMATION CONTACT: Paul R. Bardos, Esq., Office of the
General Counsel, United States International Trade Commission
(telephone 202-205-3102). 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 World
Wide Web site (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION: This preamble provides background
information, a regulatory analysis of the amendments, and then a
detailed section-by-section analysis of the amendments.
Background
Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes
the Commission to adopt such reasonable procedures, rules, and
regulations as it deems necessary to carry out its functions and
duties. To carry out its functions and duties, the Commission has
issued rules of practice and procedure. The passage of time has
rendered some provisions of the rules outdated. In addition, Commission
practice has revealed the need for improvements in certain rules. This
rulemaking updates certain outdated provisions and improves other
provisions.
Consistent with its ordinary practice, the Commission is issuing
these amendments in accordance with the rulemaking procedure in section
553 of the Administrative Procedure Act (APA) (5 U.S.C. 553). This
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 such comments prior to
developing final amendments; and (4) publication of final amendments at
least thirty days prior to their effective date. The Commission
published a notice of proposed rulemaking (67 FR 38614, June 5, 2002)
on which the present notice is based. No public comments were received
on the notice of proposed rulemaking. Based on a continuing review of
the rules to identify references that need correction or clarification,
the present notice contains a number of amendments not included in the
notice of proposed rulemaking.
A number of the amendments affect interim rules, i.e., sections
201.201, 201.202, 201.204, 206.3. Those interim rules will be replaced
with final rules in future rulemakings.
Regulatory Analysis
The Commission has determined that these amendments 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 rulemaking is required under 5 U.S.C. 553(b) or any other
statute. Although the Commission has chosen to publish a notice, these
amendments are ``agency rules of procedure and practice,'' and thus are
exempt from the notice requirement imposed by 5 U.S.C. 553(b).
These amendments 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 amendments 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 amendments are not major rules as defined in 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 (5
[[Page 32972]]
U.S.C. 801 et seq.) 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.), since they do not contain any
new information collection requirements.
Section-by-Section Analysis of the Amendments
Part 201--Rules of General Application
Subpart A--Miscellaneous
The Commission revises section 201.1 regarding the applicability of
part 201 to correctly reference parts 210, 212 and 213 in the reference
to rules of special application.
The Commission amends section 201.2 by revising paragraph (c),
which defines the term ``Tariff Act,'' to include citations to 19
U.S.C. 1677m and 1677n.
The Commission amends section 201.3 by revising paragraph (c) to
clarify that any document filed after Commission business hours will be
considered filed the next business day, and that if filing on that day
means the document is untimely filed then the document may not be
accepted unless it is accompanied by a request for permission to make a
late filing.
The Commission amends section 201.3a by revising paragraph (a) to
update the Commission's designated point of contact for using its
penalty mail in locating and recovering missing children.
The Commission amends section 201.4 by revising paragraph (d) to
correctly cite to section 202 of the Trade Act of 1974 (19 U.S.C.
2252), eliminate the citation to the former 19 U.S.C. 1303, which has
been repealed, and add ``et seq.'' to the citation to 19 U.S.C. 1673 to
correctly refer to all of the antidumping provisions.
The Commission amends section 201.6 by revising paragraph (a)(2) to
include section 206.17 as a section having special rules for the
handling of nondisclosable confidential business information. The
Commission also revises paragraph (d) of section 201.6 regarding the
approval or denial of requests for confidential treatment. The revision
will provide for consistency by stating that approvals, like denials,
would be in writing. The Commission also revises paragraph (e)(3) of
section 201.6 by replacing ``his consideration'' with the updated
reference ``consideration.'' The Commission revises paragraph (g) of
section 201.6 regarding granting confidential status to business
information to clarify when business information deemed not entitled to
confidential treatment will be treated as public information. The
revised paragraph (g) will impose a five-day deadline for withdrawing
such business information after which time it would become public.
Subpart B--Initiation and Conduct of Investigations.
The Commission amends section 201.8 by revising paragraph (a) to
state that filings made within the Commission's official hours of
operation will be deemed filed on the date received by the Commission,
consistent with the revised paragraph (c) of section 201.3 regarding
Commission hours. The Commission also amends section 201.8 by revising
paragraph (c), to provide that all documents filed, other than one or
two-page documents, must be double-spaced, to improve the readability
of documents. In addition, the Commission amends paragraph (d) of
section 201.8 to require submitters to specify when a document is being
filed with no confidential counterpart.
The Commission amends section 201.13 by revising paragraph (f) to
provide, for ease of consideration, that supplementary materials in
nonadjudicative hearings must be marked with the name of the
organization submitting them. The same paragraph is also revised to
remove the page limit on supplementary material that can be filed at a
hearing, so that parties may present their arguments without such a
limitation. The Commission revises paragraph (i)(1) of section 201.13,
to delete the unnecessary reference to the requirement to file 14
copies of briefs with the Secretary, since paragraph (d) of section
201.8 already contains a requirement concerning the requisite number of
copies to be filed.
The Commission amends section 201.14 by revising paragraph (a) to
simplify filing requirements. In the event of an early or all-day
closing of the Commission on a business day, the revision will allow
the Secretary to accept filings due the day of the early or all-day
closing on the next business day, without requiring the submitter to
file a request for an extension of time.
Subpart C--Availability of Information to the Public Pursuant to 5
U.S.C. 552
The Commission amends section 201.17 by revising paragraph (a)(1)
to permit the filing of requests electronically. Similarly, paragraph
(b) of section 201.18 is revised to permit the filing of appeals by
such means. The Commission has the capability of accepting electronic
filing of requests at its World Wide Web site, at http://www.usitc.gov/foia.htm
.
The Commission amends section 201.18 by revising paragraphs (b),
(d) (introductory text), and (e) to permit electronic filing of
requests under the Freedom of Information Act and to correctly state
that paragraph (c), and not paragraphs (a) and (b), provides for
extension of time for deciding appeals of denials.
The Commission amends section 201.19 by revising paragraph (b) to
clarify that the term ``[s]ubmitter'' includes contractors, bidders,
vendors and others who have an administrative relationship with the
Commission, and who provide confidential business information to the
Commission. Under the amended provision, persons or entities having an
administrative relationship to the Commission will qualify to receive
notice before release of their confidential submission under FOIA.
The Commission amends section 201.21 by revising paragraph (a) to
provide information about the Commission's World Wide Web site,
consistent with the electronic reading room provisions of the FOIA.
Subpart D--Safeguarding Individual Privacy Pursuant to 5 U.S.C. 552a
The Commission amends section 201.31 by revising the section
heading and adding paragraph (c) to include employee conduct as part of
the section and to rename the section heading to reflect this change.
Consequently, the Commission removes section 201.33, which currently
deals with employee conduct, and adds its text to section 201.31. This
eliminates the current duplication of section numbers.
Subpart G--Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities Conducted by the U.S. International Trade
Commission
The Commission amends section 201.170 by revising paragraph (c) to
provide an updated contact point.
Subpart H--Debt Collection
The Commission amends subpart H, regarding debt collection, to
update all references to ``Office of Finance and Budget'' to read
``Office of Finance.'' The Commission also amends subpart H to update
citations to applicable statutes and rules, and in particular to take
into account the move of the Federal Claims Collection Standards from
title 4 of the Code of Federal Regulations to title 31. The revisions
affect the authority citation for subpart H; paragraphs (f), (i), and
(m) of section 201.201; paragraphs
[[Page 32973]]
(a) and (b)(4) of section 201.202; paragraphs (a)(16)(ii), (g)(1),
(g)(2), (h)(1)(iii), (h)(2)(iii), (h)(3), (h)(4)(ii), (j), and (n) of
section 201.204; paragraphs (d), (f)(3), and (g)(1)(iv) of section
201.206; and paragraph (b)(3) of section 201.207.
Part 204--Investigations of Effects of Imports on Agricultural Programs
In section 204.1, the Commission redesignates footnote 5 as
footnote 1. In section 204.2, the Commission redesignates footnote 6 as
footnote 2. These changes correct a misnumbering of those footnotes.
The Commission also revises the authority citation to simplify the
citations.
Part 206--Investigations Relating to Global and Bilateral Safeguard
Actions, Market Disruption, Trade Diversion, and Review of Relief
Actions
Subpart A--General
The Commission amends section 206.3 by revising paragraph (b) to
include in the notice of institution any limits on page lengths for
posthearing briefs.
The Commission amends section 206.8 by revising paragraph (b) to
provide that the Secretary shall promptly notify a petitioner of
approval of an application for disclosure of confidential business
information under administrative protective order (APO), and that the
petitioner shall then serve a copy of the confidential petition on
those approved applicants within two (2) calendar days of receiving
that notification. Under the revised paragraph, which is consistent
with section 207.10(b)(1)(i), approved applicants will receive a copy
of the confidential petition more quickly, and without having to wait
for the Secretary's issuance of the service list.
The Commission amends section 206.17 by revising paragraphs (a)(2),
(b)(2), (g)(1) and (g)(3). The Commission revises paragraph (a)(2) to
require only a signed APO application and five (5) copies to be filed
with the Commission. Filing a signed original and fourteen (14) copies
pursuant to section 201.8(d) provides the Commission with unnecessary
copies. Paragraph (b)(2) is revised to clarify that confidential
business information can only be used in representing an interested
party. The Commission revises paragraph (g)(1) to include the
definition of nondisclosable confidential business information from
section 201.6(a)(2) to make the rule easier to understand. The
Commission also revises paragraph (g)(3) to make it consistent with
existing section 207.7 (g)(3), the analogous provision in part 207.
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
Subpart A--General Provisions
The Commission removes section 207.6 regarding reports of progress
of investigation as unnecessary as duplicative of the statute.
Moreover, amendments to the statute, the Commission's rules, and
Commission practice have resulted in information being disseminated as
a matter of course about an investigation's schedule and status. The
section number is reserved.
The Commission amends section 207.7 by revising paragraph (a)(2) to
require only a signed APO application and five (5) copies to be filed
with the Commission, consistent with the changes in part 206. The
Commission further revises paragraph (a)(2) of section 207.7 for
consistency to include a deadline for adding attorneys under the APO in
remanded investigations. Paragraph (b)(2) is revised to clarify that
business proprietary information can only be used in representing an
interested party.
Subpart F--Five-Year Reviews
The Commission amends section 207.62 by revising paragraph (b)(2)
to delete the reference to ``per group,'' as unnecessary, since a
grouped review only involves one ``group.''
The Commission amends section 207.64 by revising paragraph (b),
regarding staff reports, to conform with agency practice by providing
that the final staff report will be placed in the record.
Part 210--Adjudication and Enforcement
The Commission revises paragraph (f)(2) of section 210.4 and
paragraph (a) of section 210.8 to reduce the number of copies
submitters must file of documents to the minimum needed by the agency.
Submitters must file an original and 12--rather than 14--copies of each
submission if the investigation or related proceeding is before the
Commission, except that a submitter shall file the original and 6
copies of any exhibits filed with a request or petition for related
proceedings. The Commission previously had effected a partial version
of this reduction in the number of required copies by publishing notice
of a waiver of its rules at 66 FR 58523 (Nov. 21, 2001).
Part 212--Implementation of the Equal Access to Justice Act
The Commission amends section 212.29, regarding payment of awards,
to update all references to ``Finance and Budget Division'' to read
``Office of Finance.''
List of Subjects in 19 CFR Parts 201, 204, 206, 207, 210
Administrative practice and procedure, investigations.
0
For the reasons stated in the preamble, the Commission amends 19 CFR
parts 201, 204, 206, 207, and 210 as set forth below:
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.
0
2. Revise Sec. 201.1 to read as follows:
Sec. 201.1 Applicability of part.
This part relates generally to functions and activities of the
Commission under various statutes and other legal authority. Rules
having special application appear separately in parts 202 through 207,
inclusive, and parts 210, 212 and 213, of this chapter. In case of
inconsistency between a rule of general application and a rule of
special application, the latter is controlling.
0
3. Amend Sec. 201.2 to revise paragraph (c) to read as follows:
Sec. 201.2 Definitions.
* * * * *
(c) Tariff Act means the Tariff Act of 1930, 19 U.S.C. 1202-1677j,
1677m-n;
* * * * *
0
4. Amend Sec. 201.3 to revise paragraph (c) to read as follows:
Sec. 201.3 Commission offices, mailing address, and hours.
* * * * *
(c) Hours. The business hours of the Commission are from 8:45 a.m.
to 5:15 p.m., eastern standard or daylight savings time, whichever is
in effect in Washington, DC. Any document filed with the Secretary of
the Commission after 5:15 p.m. will be considered filed the next
business day. If filing on that day would be untimely, the filing may
not be accepted unless a request is made for acceptance of a late
filing for good cause shown pursuant to 201.14(b)(2).
0
5. Amend Sec. 201.3a to revise paragraph (a) to read as follows:
[[Page 32974]]
Sec. 201.3a Missing children information.
(a) Pursuant to 39 U.S.C. 3220, penalty mail sent by the Commission
may be used to assist in the location and recovery of missing children.
This section establishes procedures for such use and is applicable on a
Commission-wide basis. The Commission's Office of Facilities
Management, telephone 202-205-2741, shall be the point of contact for
matters related to the implementation of this section.
* * * * *
0
6. Amend Sec. 201.4 to revise paragraph (d) to read as follows:
Sec. 201.4 Performance of functions.
* * * * *
(d) Presentation of matter that may come within the purview of
other laws. Whenever any party or person, including the Commission
staff, has reason to believe that (1) a matter under investigation
pursuant to section 337 of the Tariff Act of 1930, or (2) a matter
under an investigation pursuant to section 202 of the Trade Act of 1974
(19 U.S.C. 2252), which is causing increased imports may come within
the purview of another remedial provision of law not the basis of such
investigation, including but not limited to the antidumping provisions
(19 U.S.C. 1673 et seq.) or the countervailing duty provisions (19
U.S.C. 1671 et seq.) of the Tariff Act of 1930, then the party or
person may file a suggestion of notification with the Commission that
the appropriate agency be notified of such matter or circumstances,
together with such information as the party or person has available.
The Secretary shall promptly thereafter publish notice of the filing of
such suggestion and information, and make them available for inspection
and copying to the extent permitted by law. Any person may comment on
the suggestion within 10 days after the publication of said notice.
Thereafter, the Commission shall determine whether notification is
appropriate under the law and, if so, shall notify the appropriate
agency of such matters or circumstances. The Commission may at any time
make such notification in the absence of a suggestion under this rule
when the Commission has reason to believe, on the basis of information
before it, that notification is appropriate under law.
0
7. Amend Sec. 201.6 to revise paragraphs (a)(2), (d), (e)(3) and (g)
to read as follows:
Sec. 201.6 Confidential business information.
(a) * * *
(2) Nondisclosable confidential business information is privileged
information, classified information, or specific information (e.g.,
trade secrets) of a type for which there is a clear and compelling need
to withhold from disclosure. Special rules for the handling of such
information are set out in Sec. 206.17 and Sec. 207.7 of this
chapter.
* * * * *
(d) Approval or denial of requests for confidential treatment.
Approval or denial of requests shall be made only by the Secretary or
Acting Secretary. An approval or a denial of a request for confidential
treatment shall be in writing. A denial shall specify the reason
therefor, and shall advise the submitter of the right to appeal to the
Commission.
(e) * * *
(3) The justification submitted to the Commission in connection
with an appeal shall be limited to that presented to the Secretary with
the original or amended request. When the Secretary or Acting Secretary
has denied a request on the ground that the submitter failed to provide
adequate justification, any such additional justification shall be
submitted to the Secretary for consideration as part of an amended
request. For purposes of paragraph (e)(1) of this section, the twenty
(20) day period for filing an appeal shall be tolled on the filing of
an amended request and a new twenty (20) day period shall begin once
the Secretary or Acting Secretary has denied the amended request, or
the approval or denial has not been forthcoming within ten (10) days of
the filing of the amended request. A denial of a request by the
Secretary on the ground of inadequate justification shall not obligate
a requester to furnish additional justification and shall not preclude
a requester from filing an appeal with the Commission based on the
justification earlier submitted to the Secretary.
* * * * *
(g) Granting confidential status to business information. Any
business information submitted in confidence and determined to be
entitled to confidential treatment shall be maintained in confidence by
the Commission and not disclosed except as required by law. In the
event that any business information submitted to the Commission is not
entitled to confidential treatment, the submitter will be permitted to
withdraw the tender within five days of its denial of confidential
treatment unless it is the subject of a request under the Freedom of
Information Act or of judicial discovery proceedings. After such five
day period, the business information deemed not entitled to
confidential treatment, and not withdrawn, will be treated as public
information.
* * * * *
0
8. Amend Sec. 201.8 to revise paragraphs (a), (c) and (d) to read as
follows:
Sec. 201.8 Filing of Documents.
(a) Where to file; date of filing. Documents shall be filed at the
office of the Secretary of the Commission in Washington, DC. Such
documents, if properly filed within the hours of operation specified in
Sec. 201.3(c), will be deemed to be filed on the date on which they
are actually received in the Commission.
* * * * *
(c) Specifications for documents. Each document filed under this
chapter shall be double-spaced, clear and legible, except that a
document of two pages or less in length need not be double-spaced.
* * * * *
(d) Number of copies. A signed original (or a copy designated as an
original) and fourteen (14) copies of each document shall be filed. All
submissions shall be on letter-sized paper (8\1/2\ inches by 11
inches), except copies of documents prepared for another agency or a
court (e.g. patent file wrappers or pleadings papers). The original and
at least one copy of all submissions shall be printed on one side only
and shall be unbound (although they may be stapled or held together by
means of a clip). In the event that confidential treatment of the
document is requested under Sec. 201.6, at least four (4) additional
copies shall be filed, in which the confidential business information
shall have been deleted and which shall have been conspicuously marked
``nonconfidential'' or ``public inspection.'' In the event that
confidential treatment is not requested, the document shall be
conspicuously marked ``No confidential version filed.'' The name of the
person signing the original shall be typewritten or otherwise
reproduced on each copy.
* * * * *
0
9. Amend Sec. 201.13 to revise paragraphs (f) and (i)(1) to read as
follows:
Sec. 201.13 Conduct of nonadjudicative hearings.
* * * * *
(f) Supplementary material. A party to the investigation may file
with the Secretary supplementary material, other than remarks read into
the record, for acceptance into the record. The party shall file any
such material with the Secretary at the hearing. Supplementary
materials must be marked with the
[[Page 32975]]
name of the organization submitting it. As used herein, the term
supplementary material refers to (1) additional graphic material such
as charts and diagrams used to illuminate an argument or clarify a
position and (2) information not available to a party at the time its
prehearing brief was filed.
* * * * *
(i) Briefs--(1) Parties. Briefs of the information produced at the
hearing and arguments thereon may be presented to the Commission by
parties to the investigation. Time to be allowed for submission of
briefs will be set after conclusion of testimony and oral argument, if
any.
* * * * *
0
10. Amend Sec. 201.14 to revise paragraph (a) to read as follows:
Sec. 201.14 Computation of time, additional hearings, postponements,
continuances, and extensions of time.
(a) Computation of time. Computation of any period of time
prescribed or allowed by the rules in this chapter, by order of the
Commission, or by order of the presiding officer under part 210 of this
chapter shall begin with the first business day following the day on
which the act or event initiating such period of time shall have
occurred. The last day of the period so computed is to be included,
unless it is a Saturday, Sunday, or Federal legal holiday, in which
event the period runs until the end of the next business day. When the
period of time prescribed or allowed is less than 7 days, intermediate
Saturdays, Sundays, and Federal legal holidays shall be excluded from
the computation. As used in this rule, a Federal legal holiday refers
to any full calendar day designated as a legal holiday by the President
or the Congress of the United States. In the event of an early or all-
day closing of the Commission on a business day, the Secretary is
authorized to accept on the next full business day filings due the day
of the early or all-day closing, without requiring the granting of an
extension of time by the Chairman of the Commission, or such other
person designated to conduct the investigation.
* * * * *
0
11. Amend Sec. 201.17 to revise paragraph (a)(1) to read as follows:
201.17 Procedures for requesting access to records.
(a) Requests for records. (1) A request for any information or
record shall be addressed to the Secretary, United States International
Trade Commission, 500 E Street SW., Washington, DC 20436 and shall
indicate clearly in the request, and if the request is in paper form on
the envelope, that it is a ``Freedom of Information Act Request.'' A
written request may be made either (1) in paper form, or (2)
electronically by contacting the Commission at http://www.usitc.gov/foia.htm
.
* * * * *
0
12. Amend Sec. 201.18 to revise paragraphs (b), (d) introductory text,
and (e) to read as follows:
Sec. 201.18 Denial of requests, appeals from denial.
* * * * *
(b) An appeal from a denial of a request must be received within
sixty days of the date of the letter of denial and shall be made to the
Commission and addressed to the Chairman, United States International
Trade Commission, 500 E Street SW., Washington, DC 20436. Any such
appeal shall be in writing, and shall indicate clearly in the appeal,
and if the appeal is in paper form on the envelope, that it is a
``Freedom of Information Act Appeal.'' An appeal may be made either in
paper form, or electronically by contacting the Commission at http://www.usitc.gov/foia.htm
.
* * * * *
(d) The extensions of time mentioned in paragraph (c) of this
section shall be made only for one or more of the following reasons:
* * * * *
(e) The extensions of time mentioned in paragraph (c) of this
section shall not exceed ten working days in the aggregate.
0
13. Amend Sec. 201.19 to revise paragraph (b) to revise the definition
of submitter to read as follows:
Sec. 201.19 Notification regarding requests for confidential business
information.
* * * * *
(b) Definitions. * * *
Submitter means any person or entity who provides confidential
business information, directly or indirectly, to the Commission. The
term includes, but is not limited to, corporations, producers,
importers, and state and federal governments, as well as others who
have an administrative relationship with the Commission such as
contractors, bidders and vendors.
* * * * *
0
14. Amend Sec. 201.21 to revise paragraph (a) to read as follows:
Sec. 201.21 Availability of specific records.
(a) Records available. The following information, on request to the
Secretary of the Commission, is available for public inspection and
copying: (1) final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases; (2)
those statements of policy and interpretations which have been adopted
by the agency; and (3) administrative staff manuals and instructions to
staff that affect a member of the public. Available information
includes, but is not limited to: (i) Applications, petitions, and other
formal documents filed with the Commission, (ii) notices to the public
concerning Commission matters, (iii) transcripts of testimony taken and
exhibits submitted at hearings, (iv) reports to the President, to
either or both Houses of Congress, or to Committees of Congress,
release of which has been authorized by the President or the
legislative body concerned, (v) reports and other documents issued for
general distribution. Much of the information described above also is
available on the Commission's World Wide Web site. The Commission's
home page is at http://www.usitc.gov. The Web site also includes
information subject to repeated Freedom of Information Act requests.
Persons accessing the Web site can find instructions on how to locate
Commission information by following the ``Freedom of Information Act''
link on the home page.
* * * * *
0
15. Amend Sec. 201.31 to revise the section heading and add paragraph
(c) to read as follows:
Sec. 201.31 Fees and Employee conduct.
* * * * *
(c) The Privacy Act Officer shall establish rules of conduct for
persons involved in the design, development, operation, or maintenance
of any system of records, or in maintaining any record, and
periodically instruct each such person with respect to such rules and
the requirements of the Privacy Act including the penalties for
noncompliance.
0
16. Remove Sec. 201.33 of subpart D.
Sec. 201.33 [Removed]
0
17. Amend Sec. 201.170 to revise paragraph (c) to read as follows:
Sec. 201.170 Compliance procedures.
* * * * *
(c) The Director, Office of Equal Employment Opportunity, shall be
responsible for coordinating implementation of this section. Complaints
may be sent to the Director, Office of Equal Employment Opportunity,
United States International
[[Page 32976]]
Trade Commission, 500 E Street SW., Washington, DC 20436.
* * * * *
0
18. Amend the authority citation for subpart H of part 201 to read as
follows:
Authority: 19 U.S.C. 1335; 5 U.S.C. 5514(b)(1); 31 U.S.C.
3716(b); 31 U.S.C. 3720A(b)(4); 31 CFR chapter IX; 26 CFR 301.6402-
6(b).
0
19. Amend Sec. 201.201 to revise paragraphs (f), (i), and (m) to read
as follows:
Sec. 201.201 Definitions.
* * * * *
(f) Director means the Director, Office of Finance of the
Commission or an official designated to act on the Director's behalf.
* * * * *
(i) Federal Claims Collection Standards (FCCS) means standards
published at 31 CFR chapter IX.
* * * * *
(m) Office of Finance means the Office of Finance of the
Commission.
0
20. Amend Sec. 201.202 to revise paragraphs (a) and (b)(4) to read as
follows:
Sec. 201.202 Purpose and scope of salary and administrative offset
rules.
(a) Purpose. The purpose of sections 201.201 through 201.207 is to
implement 5 U.S.C. 5514, 31 U.S.C. 3716, and 31 U.S.C. 3720A which
authorize the collection by salary offset, administrative offset, or
tax refund offset of debts owed by persons, organizations, or entities
to the Federal government. Generally, however, a debt may not be
collected by such means if it has been outstanding for more than ten
years after the agency's right to collect the debt first accrued. These
proposed regulations are consistent with the Office of Personnel
Management regulations on salary offset, codified at 5 CFR Part 550,
subpart K, and with regulations on administrative offset codified at 31
CFR part 901.
* * * * *
(b) * * *
(4) Nothing in Sections 201.201 through 201.207 precludes the
compromise, suspension, or termination of collection actions where
appropriate under the standards implementing the Federal Claims
Collection Act (31 U.S.C. 3711 et seq.), namely, 31 CFR chapter IX.
0
21. Amend Sec. 201.204 to revise paragraphs (a)(16)(ii), (g)(1),
(g)(2), (h)(1)(iii), (h)(2)(iii), (h)(3), (h)(4)(ii), (j), and (n) to
read as follows:
Sec. 201.204 Salary offset.
(a) * * *
(16) * * *
(ii) Penalties under the False Claims Act, 31 U.S.C. 3729-3733, or
under any other applicable statutory authority; or
* * * * *
(g) Notice of salary offset where the Commission is the paying
agency.
(1) Upon issuance of a proper certification by the Director (for
debts owed to the Commission) or upon receipt of a proper certification
from another creditor agency, the Office of Finance shall send the
employee a written notice of salary offset. Such notice shall advise
the employee:
(i) Of the certification that has been issued by the Director or
received from another creditor agency;
(ii) Of the amount of the debt and of the deductions to be made;
and
(iii) Of the initiation of salary offset at the next officially
established pay interval or as otherwise provided for in the
certification.
(2) The Office of Finance shall provide a copy of the notice to the
creditor agency and advise such agency of the dollar amount to be
offset and the pay period when the offset will begin.
* * * * *
(h) * * *
(1) * * *
(iii) Deductions shall begin the pay period following the issuance
of the certification by the Director or the receipt by the Office of
Finance of the certification from another agency or as soon thereafter
as possible.
* * * * *
(2) * * *
(iii) Lump-sum deductions from final check. In order to liquidate a
debt, a lump-sum deduction exceeding 15 percent of disposable pay may
be made pursuant to 31 U.S.C. 3716 and 5 U.S.C. 5514(a)(1) from any
final salary payment due a former employee, whether the former employee
was separated voluntarily or involuntarily.
* * * * *
(3) Multiple debts. Where two or more creditor agencies are seeking
salary offset, or where two or more debts are owed to a single creditor
agency, the Office of Finance may, at its discretion, determine whether
one or more debts should be offset simultaneously within the 15 percent
limitation.
(4) * * *
(ii) In the event that a debt to the Commission is certified while
an employee is subject to salary offset to repay another agency, the
Office of Finance may, at its discretion, determine whether the debt to
the Commission should be repaid before the debt to the other agency,
repaid simultaneously, or repaid after the debt to the other agency.
* * * * *
(j) Interest, Penalties, and Administrative Costs. Where the
Commission is the creditor agency, it shall assess interest, penalties,
and administrative costs pursuant to 31 U.S.C. 3717 and 31 CFR 901.9.
* * * * *
(n) Exception to due process procedures. The procedures set forth
in this section shall not apply to adjustments described in 5 U.S.C.
5514(a)(3) and 5 CFR 550.1104(c).
0
22. Amend Sec. 201.206 to revise paragraphs (d), (f)(3), and
(g)(1)(iv) to read as follows:
Sec. 201.206 Administrative offset.
* * * * *
(d) Interest. Pursuant to 31 U.S.C. 3717 and 31 CFR 901.9, the
Commission shall assess interest, penalties and administrative costs on
debts owed to the United States. The Commission is authorized to assess
interest and related charges on debts that are not subject to 31 U.S.C.
3717 to the extent authorized under the common law or other applicable
statutory authority.
(f) * * *
(3) That the Commission has complied with the requirements of its
own administrative offset regulations and the applicable provisions of
31 CFR part 901 with respect to providing the debtor with due process.
* * * * *
(g) * * *
(1) * * *
(iv) That the agency has complied with its own administrative
offset regulations and with the applicable provisions of 31 CFR part
901, including providing any required hearing or review.
0
23. Amend Sec. 201.207 to revise paragraph (b)(3) to read as follows:
Sec. 201.207 Administrative offset against amounts payable from Civil
Service Retirement and Disability Fund.
* * * * *
(b) * * *
(3) The Commission has complied with the requirements of 31 CFR
901.3, including any required hearing or review.
* * * * *
PART 204--INVESTIGATIONS OF EFFECTS OF IMPORTS ON AGRICULTURAL
PROGRAMS
0
1. Revise the authority citation for part 204 to read as follows:
Authority: 19 U.S.C. 1335.
[[Page 32977]]
0
2. In Sec. 204.1, redesignate footnote 5 as footnote 1.
0
3. In Sec. 204.2, redesignate footnote 6 as footnote 2.
PART 206--INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD
ACTIONS, MARKET DISRUPTION, TRADE DIVERSION, AND REVIEW OF RELIEF
ACTIONS
0
1. The authority citation for part 206 continues to read as follows:
Authority: 19 U.S.C. 1335, 2251-2254, 3351-3382; secs. 103, 301-
302, Pub. L. 103-465, 108 Stat. 4809.
0
2. Amend Sec. 206.3 to revise paragraph (b) to read as follows:
Sec. 206.3 Institution of investigations; publication of notice; and
availability for public inspection.
* * * * *
(b) Contents of notice. The notice will identify the petitioner or
other requestor, the imported article that is the subject of the
investigation and its tariff subheading, the nature and timing of the
determination to be made, the time and place of any public hearing,
dates of deadlines for filing briefs, statements, and other documents,
limits on page lengths for posthearing briefs, the place at which the
petition or request and any other documents filed in the course of the
investigation may be inspected, and the name, address, and telephone
number of the office that may be contacted for more information. The
Commission will provide the same sort of information in its notice when
the investigation was instituted following receipt of a resolution or
on the Commission's own motion.
* * * * *
0
3. Amend Sec. 206.8 to revise paragraph (b) to read as follows:
Sec. 206.8 Service, filing and certification of documents.
* * * * *
(b) Service. Any party submitting a document for the consideration
of the Commission in the course of an investigation to which this part
pertains shall, in addition to complying with Sec. 201.8 of this
chapter, serve a copy of the public version of such document on all
other parties to the investigation in the manner prescribed in Sec.
201.16 of this chapter, and, when appropriate, serve a copy of the
confidential version of such document in the manner provided for in
Sec. 206.17(f). The Secretary shall promptly notify a petitioner when,
before the establishment of a service list under Sec. 206.17(a)(4), an
application under Sec. 206.17(a) is approved. When practicable, this
notification shall be made by facsimile transmission. A copy of the
petition including all confidential business information shall then be
served by petitioner on those approved applicants in accordance with
this section within two (2) calendar days of the time notification is
made by the Secretary. If a document is filed before the Secretary's
issuance of the service list provided for in Sec. 201.11 of this
chapter or the administrative protective order list provided for in
Sec. 206.17, the document need not be accompanied by a certificate of
service, but the document shall be served on all appropriate parties
within two (2) days of the issuance of the service list or the
administrative protective order list and a certificate of service shall
then be filed. Notwithstanding Sec. 201.16 of this chapter, petitions,
briefs, and testimony filed by parties shall be served by hand or, if
served by mail, by overnight mail or its equivalent. Failure to comply
with the requirements of this rule may result in removal from status as
a party to the investigation. The Commission shall make available, upon
request, to all parties to the investigation a copy of each document,
except transcripts of hearings, confidential business information,
privileged information, and information required to be served under
this section, placed in the docket file of the investigation by the
Commission.
* * * * *
0
4. Amend Sec. 206.17 to revise paragraphs (a)(2), (b)(2), (g)(1), and
(g)(3) to read as follows:
Sec. 206.17 Limited disclosure of certain confidential business
information under administrative protective order.
(a) * * *
(2) Application. An application under paragraph (a)(1) of this
section must be made by an authorized applicant on a form adopted by
the Secretary or a photocopy thereof. A signed application and five (5)
copies thereof shall be filed. An application on behalf of an
authorized applicant must be made no later than the time that entries
of appearance are due pursuant to Sec. 201.11 of this chapter. In the
event that two or more authorized applicants represent one interested
party who is a party to the investigation, the authorized applicants
must select one of their number to be lead authorized applicant. The
lead authorized applicant's application must be filed no later than the
time that entries of appearance are due. Provided that the application
is accepted, the lead authorized applicant shall be served with
confidential business information pursuant to paragraph (f) of this
section. The other authorized applicants representing the same party
may file their applications after the deadline for entries of
appearance but at least five days before the deadline for filing
posthearing briefs in the investigation, and shall not be served with
confidential business information.
* * * * *
(b) * * *
(2) Use such confidential business information solely for the
purposes of representing an interested party in the Commission
investigation then in progress;
* * * * *
(g) Exemption from disclosure--(1) In general. Any person may
request exemption from the disclosure of confidential business
information under administrative protective order, whether the person
desires to include such information in a petition filed under this
Subpart B, or any other submission to the Commission during the course
of an investigation. Such a request shall only be granted if the
Secretary finds that such information is nondisclosable confidential
business information. As defined in Sec. 201.6(a)(2) of this chapter,
nondisclosable confidential business information is privileged
information, classified information, or specific information (e.g.,
trade secrets) of a type for which there is a clear and compelling need
to withhold from disclosure.
(2) * * *
(3) Procedure if request is approved. If the request is approved,
the person shall file three versions of the submission containing the
nondisclosable confidential business information in question. One
version shall contain all confidential business information, bracketed
in accordance with Sec. 201.6 of this chapter and Sec. 206.8(c), with
the specific information as to which exemption from disclosure was
granted enclosed in triple brackets. This version shall have the
following warning marked on every page: ``CBI exempted from disclosure
under APO enclosed in triple brackets.'' The other two versions shall
conform to and be filed in accordance with the requirements of Sec.
201.6 of this chapter and Sec. 206.8(c), except that the specific
information as to which exemption from disclosure was granted shall be
redacted from those versions of the submission.
* * * * *
[[Page 32978]]
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
1. The authority citation for part 207 continues to read as follows:
Authority: 19 U.S.C. 1336, 1671-1677n, 2482, 3513.
0
2. Remove and reserve Sec. 207.6.
Sec. 207.6 [Removed]
0
3. Amend Sec. 207.7 by revising paragraphs (a)(2), (b)(2), and (g)(1)
to read as follows:
Sec. 207.7 Limited disclosure of certain business proprietary
information under administrative protective order.
(a) * * *
(2) Application. An application under paragraph (a)(1) of this
section must be made by an authorized applicant on a form adopted by
the Secretary or a photocopy thereof. A signed application and five (5)
copies thereof shall be filed. An application on behalf of a
petitioner, a respondent, or another party must be made no later than
the time that entries of appearance are due pursuant to Sec. 201.11 of
this chapter. In the event that two or more authorized applicants
represent one interested party who is a party to the investigation, the
authorized applicants must select one of their number to be lead
authorized applicant. The lead authorized applicant's application must
be filed no later than the time that entries of appearance are due.
Provided that the application is accepted, the lead authorized
applicant shall be served with business proprietary information
pursuant to paragraph (f) of this section. The other authorized
applicants representing the same party may file their applications
after the deadline for entries of appearance but at least five days
before the deadline for filing posthearing briefs in the investigation,
or the deadline for filing briefs in the preliminary phase of an
investigation, or the deadline for filing submissions in a remanded
investigation, and shall not be served with business proprietary
information.
* * * * *
(b) * * *
(2) Use such business proprietary information solely for the
purposes of representing an interested party in the Commission
investigation then in progress or during judicial or other review of
such Commission investigation;
* * * * *
(g) Exemption from disclosure--(1) In general. Any person may
request exemption from the disclosure of business proprietary
information under administrative protective order, whether the person
desires to include such information in a petition filed under Sec.
207.10, or any other submission to the Commission during the course of
an investigation. Such a request shall only be granted if the Secretary
finds that such information is nondisclosable confidential business
information. As defined in Sec. 201.6(a)(2) of this chapter,
nondisclosable confidential business information is privileged
information, classified information, or specific information (e.g.,
trade secrets) of a type for which there is a clear and compelling need
to withhold from disclosure. The request will be granted or denied not
later than thirty (30) days (ten (10) days in a preliminary phase
investigation) after the date on which the request is filed.
* * * * *
0
4. Amend Sec. 207.62 to revise paragraph (b)(2) to read as follows:
Sec. 207.62 Rulings on adequacy and nature of Commission review.
* * * * *
(b) * * *
(2) Comments shall be submitted within the time specified in the
notice of institution. In a grouped review, only one set of comments
shall be filed per party. Comments shall not exceed fifteen (15) pages
of textual material, double spaced and single sided, on stationery
measuring 8\1/2\ x 11 inches. Comments containing new factual
information shall be disregarded.
* * * * *
0
5. Amend Sec. 207.64 to revise paragraph (b) to read as follows:
Sec. 207.64 Staff Reports.
* * * * *
(b) Final staff report. After the hearing, the Director shall
revise the prehearing staff report and submit to the Commission, prior
to the Commission's determination, a final version of the staff report.
The final staff report is intended to supplement and correct the
information contained in the prehearing staff report. The Director
shall place the final staff report in the record. A public version of
the final staff report shall be made available to the public and a
business proprietary version shall also be made available to persons
authorized to receive business proprietary information under Sec.
207.7.
PART 210--ADJUDICATION AND ENFORCEMENT
0
1. The authority citation for part 210 continues to read as follows:
Authority: 19 U.S.C. 1333, 1335, and 1337.
0
2. Amend Sec. 210.4 to revise paragraph (f)(2) to read as follows:
Sec. 210.4 Written submissions; representations; sanctions.
* * * * *
(f) * * *
(2) Unless the Commission or this part specifically states
otherwise,
(i) The original and 6 true copies of each submission shall be
filed if the investigation or related proceeding is before an
administrative law judge, and
(ii) The original and 12 true copies of each submission shall be
filed if the investigation or related proceeding is before the
Commission, except that a submitter shall file the original and 6
copies of any exhibits filed with a request or petition for related
proceedings.
* * * * *
0
3. Amend Sec. 210.8 to revise paragraph (a) to read as follows:
Sec. 210.8 Commencement of preinstitution proceedings.
(a) Upon receipt of complaint. A preinstitution proceeding is
commenced by filing with the Secretary a signed original complaint and
the requisite number of true copies. The complainant shall file 12
confidential copies of the complaint along with 6 copies of any
exhibits filed with the complaint, 12 nonconfidential copies of the
complaint along with 6 copies of any exhibits filed with the complaint,
plus one confidential copy and one nonconfidential copy of the
complaint and exhibits for each person named in the complaint as
violating section 337 of the Tariff Act of 1930, and one
nonconfidential copy for the government of each foreign country of any
person or persons so named. The same requirements apply for the filing
of a supplement to the complaint. If the complainant is seeking
temporary relief, the complainant must file 12 confidential copies of
the motion along with 6 copies of any exhibits filed with the motion,
12 nonconfidential copies along with 6 copies of any exhibits filed
with the motion, plus one additional confidential copy and one
additional nonconfidential copy of the motion and exhibits for each
proposed respondent, and one nonconfidential copy for the government of
the foreign country of the proposed respondent. The additional copies
of the complaint and motion for
[[Page 32979]]
temporary relief for each proposed respondent and the appropriate
foreign government are to be provided notwithstanding the procedures
applicable to a motion for temporary relief, which require service of
the complaint and motion for temporary relief by the complainant.
PART 212--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT
0
1. The authority citation for part 212 continues to read as follows:
Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5
U.S.C. 504(c)(1)).
0
2. Amend Sec. 212.29 to read as follows:
Sec. 212.29 Payment of award.
An applicant seeking payment of an award shall submit to the Office
of Finance of the Commission a copy of the Commission's final
determination granting the award, accompanied by a statement that the
applicant will not seek review of the decision in the United States
courts. The address for submission to the Commission is: United States
International Trade Commission, Office of Finance, 500 E Street SW.,
Washington, DC 20436. The Commission will pay the amount to the
applicant within 60 days, unless judicial review of the award or of the
underlying determination of the adversary adjudication has been sought
by the applicant or any other party to the proceeding.
Issued: May 27, 2003.
By Order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-13688 Filed 6-2-03; 8:45 am]
BILLING CODE 7020-02-P