[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Rules and Regulations]
[Pages 8114-8116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3267]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
19 CFR Chapter II
Plan for Retrospective Analysis of Existing Rules
AGENCY: International Trade Commission.
ACTION: Policy statement.
-----------------------------------------------------------------------
SUMMARY: The United States International Trade Commission (Commission)
gives notice of the adoption of a plan for the retrospective analysis
of its existing regulations.
FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Office of the General
Counsel, United States International Trade Commission, telephone 202-
205-3094. Hearing-impaired individuals are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
at 202-
[[Page 8115]]
205-1810. General information concerning the Commission may also be
obtained by accessing its Internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION: Executive Order 13579 of July 11, 2011,
calls on each independent regulatory agency to develop and release to
the public, within 120 days of the date of the Executive Order, a plan
under which the agency will periodically review its significant
regulations to determine whether any such regulations should be
modified, streamlined, expanded, or repealed so as to make the agency's
regulatory program more effective or less burdensome in achieving
regulatory objectives.
The Commission sought public comments on its Preliminary Plan for
Retrospective Analysis of Existing Rules. 76 FR 66004 (Oct. 25, 2011).
It received one comment on the preliminary plan from the law firm of
Hughes Hubbard & Reed. Hughes Hubbard & Reed endorsed the preliminary
plan and urged the Commission in particular to review 19 CFR Part 201.
It stated its belief that certain modifications should be made to this
regulation to render the Commission's investigations more effective.
For example, Hughes Hubbard & Reed advocated broadening the language of
19 CFR 201.12 to clarify that the Commission will accept requests from
parties to take action between an investigation's enumerated briefing
periods. The Commission will take these comments into account when
conducting its retrospective review of its rules.
The Commission has decided to adopt the Plan for Retrospective
Analysis of Existing Rules without significant changes from the version
that was preliminarily proposed. Accordingly, the Commission adopts the
following Plan for Retrospective Analysis of Existing Rules.
United States International Trade Commission
Plan for Retrospective Analysis of Existing Rules
February 2012
I. Executive Summary of Plan
Executive Orders 13579 and 13563 recognize the importance of
maintaining a consistent culture of retrospective review and analysis
throughout the federal government. Executive Order 13579 calls on each
independent regulatory agency to develop and release to the public a
plan, consistent with law and reflecting the agency's resources and
regulatory priorities and processes, under which the agency will
periodically review its significant regulations to determine whether
any such regulations should be modified, streamlined, expanded, or
repealed so as to make the agency's regulatory program more effective
or less burdensome in achieving the regulatory objectives.
Pursuant to Executive Order 13579, the U.S. International Trade
Commission developed this plan for retrospective analysis of its
regulations. The plan is designed to create a defined method and
schedule for identifying and reconsidering certain significant rules
that are obsolete, unnecessary, unjustified, excessively burdensome, or
counterproductive. Its review processes are intended to facilitate the
identification of rules that warrant repeal or modification, or the
strengthening, complementing, or modernizing of rules where necessary
or appropriate.
II. Background
The Commission is an independent, quasi-judicial federal agency
with broad investigative responsibilities on matters of trade. It
investigates the effects of dumped and subsidized imports on domestic
industries, conducts global safeguard investigations, and adjudicates
cases involving imports that allegedly infringe intellectual property
rights. The Commission also serves as a federal resource where trade
data and other trade policy-related information are gathered and
analyzed. The information and analysis are provided to the President,
the Office of the United States Trade Representative (USTR), and
Congress to facilitate the development of sound and informed U.S. trade
policy. The Commission makes most of its information and analysis
available to the public to promote understanding of international trade
issues. The Commission also maintains the Harmonized Tariff Schedule of
the United States (HTS).
Thus, the Commission is not primarily a regulatory agency, and its
regulations generally serve to govern the process of its statutory
investigative responsibilities. In carrying out its mission, the
Commission issues rules of practice and procedure relating to the
conduct of its investigations. The Commission's rules are codified in
Title 19 of the Code of Federal Regulations.
Part 201 of the Commission's rules are rules of general
application relating to the functions and activities of the Commission.
Part 202 sets out rules pertaining to investigations of
costs of production under section 336 of the Tariff Act of 1930, as
amended (19 U.S.C. 1336).
Part 204 contains rules pertaining to investigations of
effects of imports on agricultural programs under section 22 of the
Agricultural Adjustment Act, as amended (7 U.S.C. 624).
Part 205 covers rules pertaining to investigations to
determine the probable economic effect on the economy of the United
States of proposed modifications of duties or any other barrier to (or
other distortion of) international trade or of taking retaliatory
actions to obtain the elimination of unjustifiable or unreasonable
foreign acts or policies which restrict U.S. commerce.
Part 206 pertains to investigations relating to global and
bilateral safeguard actions, market disruption, trade diversion, and
review of relief actions.
Part 207 sets out rules for the conduct of antidumping and
countervailing duty investigations conducted under title VII of the
Tariff Act of 1930, as amended (19 U.S.C. 1671 et seq.).
Part 208 contains rules pertaining to investigations with
respect to the commercial availability of textile fabric and yarn in
Sub-Saharan African countries.
Part 210 sets out rules for the conduct of investigations
of unfair practices in import trade under section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 337).
Part 212 establishes rules for the implementation of the
Equal Access to Justice Act (5 U.S.C. 504).
In the course of its investigations, the Commission generally
issues questionnaires seeking business and financial information from
domestic and foreign firms. These questionnaires are frequently revised
and adapted, with the input of affected parties wherever possible.
The Commission also maintains several documents that provide
guidance to parties involved in its investigations, including its
``Antidumping and Countervailing Duty Handbook,'' ``An Introduction to
Administrative Protective Order Practice in Import Injury
Investigations,'' and the ``Handbook on Electronic Filing Procedures.''
These documents are maintained in electronic form on the Commission's
Web site and are reviewed and updated periodically.
III. Scope of Plan
This plan covers existing regulations, existing information
collections, and significant guidance documents.
[[Page 8116]]
IV. Elements of the Plan
Fostering a Culture of Retrospective Analysis. The Commission
intends to strengthen its culture of retrospective analysis by
informing all of its employees of the plan and periodically seeking
input from them.
Prioritization. The Commission has identified selection criteria
for the rules it will review retrospectively. It will endeavor to
review rules that:
Have been affected by subsequent legal developments;
Overlap, duplicate, or conflict with other federal rules;
Are the subject of public comments, from individuals and
entities that appear before the Commission, and from Congressional and
Executive Branch sources;
Require outdated reporting practices; or
Have been in place for a long time, so that updating may
be appropriate.
Structure and Staffing. The following Commission official will be
responsible for overseeing the retrospective review of existing rules:
James R. Holbein, Secretary, email: [email protected].
Process for Retrospective Review. Every two years, the Commission's
General Counsel will send a memorandum to the Commission's Secretary,
office directors, and administrative law judges asking them for input
on rules suitable for modification or elimination. The Commission will
also seek input from the public at that time. Based on responses to
this memorandum and comments from the public, and in consultation with
Commissioners, the General Counsel's office will make recommendations
to the Commission regarding the possible modification or elimination of
existing regulations. Once an appropriate rule change has been
identified, the Commission will publish a notice of proposed rulemaking
and solicit public comment on the proposed change.
IV. Public Access and Participation
On October 25, 2011, the Commission published a notice in the
Federal Register and posted it on the homepage of its Web site seeking
public comment on the design of this plan and the identification of
specific rules to be included in the plan. 76 FR 66004 (Oct. 25, 2011)
and http://www.usitc.gov/secretary/fed_reg_notices/rules/eRuling_notice10182011sgl.pdf.
The Commission received one comment on the preliminary plan from a
law firm. This firm endorsed the preliminary plan and urged the
Commission to review 19 CFR part 201, and in particular 19 CFR 201.12,
to clarify that the Commission will accept requests from parties to
take action between an investigation's enumerated briefing periods. The
Commission will take these comments into account when conducting its
retrospective review of its rules.
VI. Current Agency Efforts Already Underway Independent of Executive
Order 13579
Even before the issuance of Executive Order 13579, Commission staff
periodically reviewed existing regulations with a view to updating and
improving them, and eliminating redundant or unnecessary regulations.
For example, in October 2011, after notice and comment, the Commission
amended its rules to provide that most documents filed with the agency
will be filed by electronic means. See 76 FR 61937 (Oct. 6, 2011). The
Commission also amended its rules to gather more information on public
interest issues arising out of section 337 complaints. See 76 FR 64803
(Oct. 19, 2011). The Commission's 337 practice has an active and
independent bar association that promotes an ongoing exchange of ideas
on rules updates and improvements. In addition, the Commission staff
constantly adapts the questionnaires that it issues in Title VII
investigations to reflect the specific circumstances of each
investigation. Wherever possible, the staff seek preliminary input from
firms that will be asked to complete these questionnaires. In light of
these efforts, the Commission is well-positioned to implement a more
systematic plan for retrospective review of its regulations.
VII. Examples of Rules for Retrospective Review
The Commission has preliminarily identified the following aspects
of its existing rules for review over the next two years:
1. General review of existing regulations in 19 CFR parts 201, 207,
and 210. The Commission will seek to determine whether any such
regulations shall be modified, streamlined, expanded or repealed so as
to make the agency's regulations more effective or less burdensome.
2. Employee Responsibilities and Conduct, 19 CFR part 200. The
Commission intends to review its regulations addressing employee
responsibilities and conduct, to assess whether these regulations can
be modified or repealed, in light of the issuance of similar
regulations by the Office of Government Ethics.
3. National Security Information, 19 CFR part 201, Subpart F. The
Commission intends to review its regulations addressing national
security information, to assess whether these regulations should be
modified, in light of Executive Order 13526 (Dec. 29, 2009).
4. Investigations With Respect to Commercial Availability of
Textile Fabric and Yarn in Sub-Saharan African Countries, 19 CFR part
208. The Commission intends to review its regulations addressing
investigations with respect to the commercial availability of textile
fabric and yarn in Sub-Saharan African countries, to assess whether
these regulations can be repealed, in light of the repeal of section
112(c)(2) of the African Growth and Opportunity Act (AGOA), which
required the Commission to make determinations with respect to the
commercial availability and use of regional textile fabric or yarn in
lesser developed beneficiary sub-Saharan African countries in the
production of apparel articles receiving U.S. preferential treatment
under AGOA (see section 3(a)(2)(B) of Pub. L. 110-436, October 16,
2008, 122 Stat. 4980).
This list is non-exhaustive and the Commission will consider whether
other parts of its regulations should also be subject to review within
the next two years.
VIII. Publishing the Plan Online
The Commission will publish this plan in the Federal Register and
on the agency's Web site, at www.usitc.gov. The Web site includes a
page on the Commission's Rules of Practice and Procedure, at http://www.usitc.gov/secretary/fed_reg_notices/rules/. This Rules page will
include a link to the plan. Members of the public will be able to post
comments about the plan via a link on the page. Commenters may also
choose to file comments in paper form to the Secretary to the
Commission, Room 112, 500 E Street SW., Washington, DC 20436.
By Order of the Commission.
Issued: February 8, 2012.
James Holbein,
Secretary to the Commission.
[FR Doc. 2012-3267 Filed 2-13-12; 8:45 am]
BILLING CODE 7020-02-P