[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Rules and Regulations]
[Pages 35920-35926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14675]


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INTERNATIONAL TRADE COMMISSION

19 CFR Parts 201 and 207

[Docket No. MISC-013]


Conduct of Antidumping and Countervailing Duty Investigations and 
Reviews

AGENCY: International Trade Commission.

ACTION: Final rule.

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

DATES: This regulation is effective July 25, 2014. This regulation is 
applicable to all proceedings pending before the Commission as of July 
25, 2014.

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

SUPPLEMENTARY INFORMATION:

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. This rulemaking seeks to improve provisions of the Commission's 
existing Rules of Practice and Procedure. The Commission is amending 
Part 201 of its rules, which are rules of general application. The 
Commission also is amending Part 207 of its rules covering proceedings 
such as investigations and reviews conducted under title VII of the 
Tariff Act of 1930 (``title VII proceedings''). The Commission 
published a notice of

[[Page 35921]]

proposed rulemaking (NOPR) in the Federal Register at 78 FR 36446-36449 
(June 18, 2013), proposing to amend the Commission's Rules of Practice 
and Procedure to make certain changes to rules of general application 
and provisions concerning the conduct of antidumping and countervailing 
duty investigations and reviews.
    Although the Commission considers these rules to be procedural, 
which are excepted from notice-and-comment under 5 U.S.C. 553(b)(3)(A), 
the Commission invited the public to comment on all the proposed rules 
amendments. The NOPR requested public comment on the proposed rules 
within 60 days of publication of the NOPR. Three law firms which 
regularly appear before the Commission in Title VII proceedings filed 
comments: (1) Wiley Rein LLP, (2) Stewart and Stewart LLP, and (3) 
Cassidy Levy Kent LLP. Wiley Rein LLP filed its comments on behalf of 
Nucor Corporation, a domestic producer of steel products that 
frequently appears before the Commission in Title VII proceedings. 
Stewart and Stewart LLP and Cassidy Levy Kent LLP each filed comments 
on its own behalf.
    The Commission carefully considered all comments received. The 
Commission's response is provided below in a section-by-section 
analysis. The Commission appreciates the time and effort the 
commentators devoted to provide comments on the NOPR.

Regulatory Analysis of Amendments to the Commission's Rules

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is 
inapplicable to this rulemaking because it is not one for which a 
notice of final rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission chose to publish a notice of 
proposed rulemaking, these regulations are ``agency rules of procedure 
and practice,'' and thus are exempt from the notice requirement imposed 
by 5 U.S.C. 553(b). Moreover, the rules are certified as not having a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    The rules do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    The rules do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    The rules do not constitute a ``significant regulatory action'' 
under Executive Order 12866 (58 FR 51735, October 4, 1993).
    The rules do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, October 7, 1999).
    The amendments are not major rules as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
801 et. seq.). Moreover, they are exempt from the reporting 
requirements of the Act because they concern rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties.

Overview of the Amendments to the Regulations

    Most of the final rules set forth in this document are identical to 
the correspondingly numbered proposed rules published on June 18, 2013. 
For two of the proposed rules (Sec. Sec.  207.10 and 207.45), no 
comments were submitted. The Commission found no reason to change those 
proposed rules on its own before adopting them as final rules. Thus, 
the preamble to those unchanged final rules is as set forth in the 
section-by-section analysis of the proposed rules found at 78 FR 36446-
36449 (June 18, 2013).
    The Commission did receive comments with suggestions for 
modifications pertaining to the other proposed rules. Those suggestions 
and the views of the Commission are summarized in the section-by-
section analysis of this final rule. The commentary in the June 18, 
2013, notice is considered part of the preamble to these final rules, 
to the extent that such commentary is not inconsistent with the 
discussion below.
    The final rules differ from the proposed rules in two respects. 
First, with respect to Sec.  201.8, relating to the filing of 
documents, the Commission has not adopted the proposed securely bound 
provision in paragraph (d). Second, the Commission has determined to 
amend its rules to require filing of nine confidential and two non-
confidential copies of briefs and other written submissions (rather 
than eight confidential and four non-confidential copies as required 
under the current rules) in preliminary and final phase investigations 
and five-year reviews as reflected in the amendments to Sec. Sec.  
201.8(f), 207.15, 207.23, 207.25, 207.28, 207.30, 207.61(e), 
207.62(b)(2), 207.65, 207.67(a), and 207.68(b). These amendments simply 
change the apportionment of confidential and nonconfidential copies of 
these written submissions in order to better meet the needs of 
Commission staff and reduce internal photocopying expenses and will 
result in a reduction of the overall number of copies that need to be 
filed. While the amendments to these provisions were not included in 
the proposed rules and therefore the Commission did not receive 
comments on them, there is no advance notice requirement for procedural 
changes to rules such as these under the Administrative Procedure Act. 
See 5 U.S.C. 553(b)(A). Moreover, in the proposed rulemaking, the 
Commission received comments with respect to the Commission's retention 
of paper filing requirements in Sec.  201.8, and those comments are 
addressed below.

Section-by-Section Analysis

19 CFR Part 201

Subpart B--Initiation and Conduct of Investigations

201.8 Filing of Documents
    The NOPR proposed to amend paragraph (d) of Sec.  201.8 by 
requiring that all paper copies of electronic submissions exceeding 
fifty (50) pages in length be securely bound and have a divider page 
and an identifying tab preceding each exhibit and/or attachment. Wiley 
Rein LLP objected to the proposed amendment as ``duplicative,'' 
emphasizing that parties are already required to supply searchable 
electronic versions of documents to the Commission. Wiley Rein LLP also 
asserted that preparing bound paper copies imposes an additional burden 
on the parties appearing before the Commission. Cassidy Levy Kent LLP 
urged the Commission to ``abolish'' all paper filing requirements, 
emphasizing that many other federal agencies and the U.S. Court of 
International Trade have transitioned from paper to electronic filing.
    We adopt the proposed amendments to the rule as drafted in the 
NOPR, except for the bound copy requirement. We find the commenters' 
suggestion that the proposed bound copy requirement not be adopted to 
be persuasive. We also acknowledge that there is a trend toward greater 
electronic filing in agency and court proceedings. For now, however, 
the Commission and its staff will need to continue to rely on receiving 
paper copies of documents in light of the tight deadlines and 
voluminous factual records entailed by AD/CVD investigations and 
reviews, as well as the constraints of current technology and the 
Commission's ability to adopt new technology given budgetary 
restrictions. Requiring divider pages and tabs for exhibits and

[[Page 35922]]

attachments will facilitate review of lengthy, multi-part documents by 
Commission staff. The Commission will continue to monitor requirements 
pertaining to filing of documents as technology develops.
    The Commission has amended paragraph (f) of Sec.  201.8 to require 
that two copies of nonconfidential documents be filed. As explained 
above, this is one of several changes that will result in an overall 
reduction in the number of paper copies of certain submissions to the 
Commission.

19 CFR Part 207

207.10 Filing of Petition With the Commission
    The NOPR proposed to amend paragraph (a) of Sec.  207.10 to require 
one unbound copy of petitions. None of the comments addressed this 
specific proposal. Accordingly, we adopt the proposed amendment to the 
rule as drafted in the NOPR.
Contents of Petition
    The NOPR proposed to amend Sec.  207.11(b)(2)(ii) and (iii) by 
requiring petitioners to provide email addresses for all U.S. producers 
and U.S. importers identified in the petition. Although the current 
rules specify that petitioners are required to provide contact 
information for U.S. producers and U.S. importers, the information 
required includes street addresses, phone numbers, and contact 
person(s), but not email addresses. Wiley Rein LLP objected to the 
proposed amendments as impracticable, particularly in instances where 
petitioning firms and U.S. importers are competitors. While 
acknowledging that the proposed amendments are generally sensible, 
Stewart and Stewart LLP urged the Commission to require parties to 
provide such information only when it is ``reasonably available.''
    We adopt the proposed amendments to Sec.  207.11(b)(2)(ii) and 
(iii) as drafted in the NOPR. We are mindful that the objective of the 
proposals is to facilitate the electronic distribution of 
questionnaires. Under the proposed amendments, email addresses for 
individual contact persons are required only for domestic producers, 
which petitioners should be readily able to obtain. For importers, 
there is no requirement to provide email addresses for an individual 
contact person; instead, a general corporate email account is 
sufficient, which petitioners should be readily able to obtain. 
Moreover, as under Sec.  207.11(b)(3), petitioners need not provide 
information that they can certify is not reasonably available to them.
    The NOPR proposed to amend Sec.  207.11(b)(2)(v) by requiring that 
petitioners provide the email address, street address, city, state, and 
5-digit zip code for each purchaser/contact with respect to each lost 
sales or lost revenue allegation. Only Wiley Rein LLP commented on this 
proposal. It asserted that the Commission's current approach to 
investigating lost sales and lost revenues allegations is overly rigid 
and that the proposed amendment will only further increase the number 
of lost sales or lost revenue allegations that go uninvestigated.
    We adopt the proposed amendment as drafted in the NOPR. It is not 
true that Commission staff will not investigate lost sales/lost 
revenues investigations unless each element of the requested contact 
information is provided. If no contact information is provided for a 
purchaser, Commission staff will be unable to investigate the 
allegation. If some information is provided, Commission staff will make 
reasonable efforts to investigate the allegation in light of available 
resources. While there may be valid concerns with easing the burden of 
the process by which lost sales and lost revenue allegations are 
actually verified by the Commission, it is important to keep in mind 
that this amendment is designed to facilitate the Commission staff's 
ability to contact purchasers concerning transmission of lost sales and 
lost revenue allegations in the first instance. Since email is now the 
most common means of corporate contact, requiring petitioners to 
provide email addresses for purchasers is no more burdensome than 
requiring petitioners to provide phone contact information. Also, under 
Sec.  207.11(b)(3), petitioners currently are not required to provide 
information that they can certify is not reasonably available to them. 
Consequently, contact information that is not reasonably available need 
not be furnished by petitioners if the required certification is 
provided.
    The NOPR also proposed to amend Sec.  207.11(b)(2)(v) by requiring 
that petitioners file any lost sales or revenue allegation(s) 
identified in the petition via a separate electronic data entry process 
in a manner to be specified in the Commission's Handbook on Filing 
Procedures. Only Wiley Rein LLP commented on this proposal. While it 
did not specifically object to the proposed amendment, it cautioned 
that any electronic filing system for cataloguing lost sales and lost 
revenue allegations must be secure and flexible enough to permit 
petitioners to update lost sales and lost revenue allegations 
throughout the investigation.
    We adopt the proposed amendment as drafted in the NOPR. Commission 
staff is still in the process of examining possible methods for 
electronic entry of data pertaining to lost sales and lost revenues 
allegations. Some basic requirements will be specified in the 
Commission's Handbook on Filing Procedures. As the technology available 
to the Commission staff evolves, these requirements may be modified.
207.15 Written Briefs and Conference
    The Commission has amended the rule to require that nine copies of 
confidential briefs and witness testimony be filed in preliminary phase 
investigations. As explained above, this is one of several changes that 
will better facilitate work by Commission staff while resulting in an 
overall reduction in the number of paper copies of certain submissions 
to the Commission. The Commission has considered comments submitted in 
response to the NOPR objecting to the retention of requirements for 
filing of paper copies, but as indicated in the adopted amendments to 
Sec.  201.8, believes retention of these requirements is necessary at 
this time.
207.20 Investigative Activity Following Preliminary Determination
    The NOPR proposed to amend paragraph (b) of Sec.  207.20 by 
requiring that all requests for collecting new information be presented 
at the draft questionnaire stage in final phase investigations. Wiley 
Rein LLP objected to the proposed amendment, claiming that the need to 
collect information may not be apparent until after comments on the 
draft questionnaires are submitted. While acknowledging that the 
proposed amendment is sensible, Stewart and Stewart nevertheless argued 
that where a party comes across some new development or information 
after comments on the draft questionnaires have been filed and can 
demonstrate the relevance of this information, the Commission should 
accept a request to collect the information to ensure it has a complete 
record.
    We adopt the proposed amendment to the rule as drafted in the NOPR. 
Prior to the final phase questionnaires being issued for comment, there 
already has been a preliminary phase investigation. With this in mind, 
parties should be able to ascertain, either from their participation in 
the preliminary phase investigation or their review of the record, what 
the contested issues in a final phase investigation are likely to be 
and the types of additional data that

[[Page 35923]]

should be gathered. While we appreciate the concerns expressed by the 
commenters, it is important to remember that the rule is not an 
absolute bar from making subsequent information requests, but permits 
such requests to be made when there is a compelling need for the 
information and when the information could not have been requested in 
the comments on draft questionnaires.
207.23 Prehearing Brief
    The Commission has amended the rule to require that nine copies of 
confidential prehearing briefs be filed in final phase investigations. 
As explained above, this is one of several changes that will facilitate 
work by Commission staff while resulting in an overall reduction in the 
number of paper copies of certain submissions to the Commission. The 
Commission has considered comments submitted in response to the NOPR 
objecting to the retention of requirements for filing of paper copies, 
but as indicated in the adopted amendments to Sec.  201.8, believes 
retention of these requirements is necessary at this time.
207.25 Posthearing Briefs
    The Commission has amended the rule to require that nine copies of 
posthearing briefs be filed in final phase investigations. As explained 
above, this is one of several changes that will facilitate work by 
Commission staff while resulting in an overall reduction in the number 
of paper copies of certain submissions to the Commission. The 
Commission has considered comments submitted in response to the NOPR 
objecting to the retention of requirements for filing of paper copies, 
but as indicated in the adopted amendments to Sec.  201.8, believes 
retention of these requirements is necessary at this time.
207.28 Anticircumvention
    The Commission has amended the rule to require that nine copies of 
written submissions concerning anticircumvention matters be filed in 
final phase investigations. As explained above, this is one of several 
changes that will facilitate work by Commission staff while resulting 
in an overall reduction in the number of paper copies of certain 
submissions to the Commission. The Commission has considered comments 
submitted in response to the NOPR objecting to the retention of 
requirements for filing of paper copies, but as indicated in the 
adopted amendments to Sec.  201.8, believes retention of these 
requirements is necessary at this time.
207.30 Comment on Information
    The Commission has amended the rule to require the filing of nine 
copies of comments on information disclosed to the parties after they 
have filed their posthearing brief pursuant to Sec.  207.25. As 
explained above, this is one of several changes that will facilitate 
work by Commission staff while resulting in an overall reduction in the 
number of paper copies of certain submissions to the Commission. The 
Commission has considered comments submitted in response to the NOPR 
objecting to the retention of requirements for filing of paper copies, 
but as indicated in the adopted amendments to Sec.  201.8, believes 
retention of these requirements is necessary at this time.
207.45 Investigation To Review Outstanding Determination
    The NOPR proposed to amend paragraph (d) of Sec.  207.45 by 
extending the deadline currently specified in the rule for instituting 
changed circumstance reviews from 30 days to 45 days, and extending the 
deadline from 120 days to 180 days for completing changed circumstance 
reviews. None of the comments addressed this specific proposal. 
Accordingly, we adopt the proposed amendment to the rule as drafted in 
the NOPR.
207.61(e) Responses to Notice of Institution
    The Commission has amended the rule to require that nine copies of 
responses to the notice of institution be filed in five-year reviews. 
As explained above, this is one of several changes that will facilitate 
work by Commission staff while resulting in an overall reduction in the 
number of paper copies of certain submissions to the Commission. The 
Commission has considered comments submitted in response to the NOPR 
objecting to the retention of requirements for filing of paper copies, 
but as indicated in the adopted amendments to Sec.  201.8, believes 
retention of these requirements is necessary at this time.
207.62(b)(2) Rulings on Adequacy and Nature of Commission Review
    The Commission has amended the rule to require that nine copies of 
comments on adequacy be filed in five-year reviews. As explained above, 
this is one of several changes that will facilitate work by Commission 
staff while resulting in an overall reduction in the number of paper 
copies of certain submissions to the Commission. The Commission has 
considered comments submitted in response to the NOPR objecting to the 
retention of requirements for filing of paper copies, but as indicated 
in the adopted amendments to Sec.  201.8, believes retention of these 
requirements is necessary at this time.
207.65 Prehearing Briefs
    The Commission has amended the rule to require that nine copies of 
prehearing briefs be filed in five-year reviews. As explained above, 
this is one of several changes that will facilitate work by Commission 
staff while resulting in an overall reduction in the number of paper 
copies of certain submissions to the Commission. The Commission has 
considered comments submitted in response to the NOPR objecting to the 
retention of requirements for filing of paper copies, but as indicated 
in the adopted amendments to Sec.  201.8, believes retention of these 
requirements is necessary at this time.
207.67(a) Posthearing Briefs and Statements
    The Commission has amended the rule to require that nine copies of 
posthearing briefs and statements be filed in five-year reviews. As 
explained above, this is one of several changes that will facilitate 
work by Commission staff while resulting in an overall reduction in the 
number of paper copies of certain submissions to the Commission. The 
Commission has considered comments submitted in response to the NOPR 
objecting to the retention of requirements for filing of paper copies, 
but as indicated in the adopted amendments to Sec.  201.8, believes 
retention of these requirements is necessary at this time.
207.68(b) Posthearing Briefs and Statements
    The Commission has amended the rule to require that nine copies of 
final comments be filed in five-year reviews. As explained above, this 
is one of several changes that will facilitate work by Commission staff 
while resulting in an overall reduction in the number of paper copies 
of certain submissions to the Commission. The Commission has considered 
comments submitted in response to the NOPR objecting to the retention 
of requirements for filing of paper copies, but as indicated in the 
adopted amendments to Sec.  201.8, believes retention of these 
requirements is necessary at this time.

List of Subjects in 19 CFR Parts 201 and 207

    Administrative practice and procedure, Business and industry,

[[Page 35924]]

Customs duties and inspection, Imports, Investigations.

    For the reasons stated in the preamble, 19 CFR parts 201 and 207 
are amended 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.

Subpart B--Initiation and Conduct of Investigations

0
2. Amend Sec.  201.8 by revising paragraphs (d)(1) and (f) to read as 
follows:


Sec.  201.8  Filing of documents.

* * * * *
    (d) Filing. (1) Except as provided in paragraphs (d)(2) through (6) 
and (f) of this section, all documents filed with the Commission shall 
be filed electronically. Completion of filing requires the submission 
of paper copies by 12 noon, Eastern time, on the next business day. A 
paper copy provided for in this section must be a true copy of the 
electronic version of the document, i.e., a copy that is identical in 
all possible respects. All paper copies of electronic submissions 
exceeding fifty (50) pages in length must have a divider page and an 
identifying tab preceding each exhibit and/or attachment. The divider 
page and/or tab must be labeled with a letter or number that 
corresponds to a more fully descriptive index. All filings shall comply 
with the procedures set forth in the Commission's Electronic Document 
Information System Web site at https://edis.usitc.gov. Failure to 
comply with the requirements of this chapter and the Handbook on Filing 
Procedures that apply to the filing of a document may result in the 
rejection of the document as improperly filed.
* * * * *
    (f) Nonconfidential copies. In the event that confidential 
treatment of a document is requested under Sec.  201.6(b), a 
nonconfidential version of the document shall be filed, in which the 
confidential business information shall have been deleted and which 
shall have been conspicuously marked ``nonconfidential'' or ``public 
inspection.''' The nonconfidential version shall be filed 
electronically, and two (2) true paper copies shall be submitted on the 
same business day as this electronic filing, except as provided in 
Sec.  206.8 or Sec.  207.3 of this chapter. In the event that 
confidential treatment is not requested for a document under Sec.  
201.6(b), the document shall be conspicuously marked ``No confidential 
version filed,'' and the document shall be filed in accordance with 
paragraph (d) of this section. The name of the person signing the 
original shall be typewritten or otherwise reproduced on each copy.
* * * * *

PART 207--INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES 
RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM 
SUBSIDIZED EXPORTS TO THE UNITED STATES

0
3. The authority citation for part 207 continues to read as follows:

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


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


Sec.  207.10  Filing of petition with the Commission.

    (a) Filing of the petition. Any interested party who files a 
petition with the administering authority pursuant to section 702(b) or 
section 732(b) of the Act in a case in which a Commission determination 
under title VII of the Act is required, shall file copies of the 
petition and all exhibits, appendices, and attachments thereto, 
pursuant to section 201.8 of this chapter, with the Secretary on the 
same day the petition is filed with the administering authority. A 
paper original and eight (8) true paper copies of a petition shall be 
filed. One copy of all exhibits, appendices, and attachments to the 
petition shall be filed in electronic form on CD-ROM, DVD, or other 
portable electronic format approved by the Secretary. Petitioners also 
must file one unbound copy of the petition (the unbound copy of the 
petition may be stapled or held together by means of a clip). If the 
petition complies with the provisions of Sec.  207.11, it shall be 
deemed to be properly filed on the date on which the requisite number 
of copies of the petition is received by the Secretary, provided that, 
if the petition is filed with the Secretary after 12:00 noon, eastern 
time, the petition shall be deemed filed on the next business day. 
Notwithstanding Sec.  207.11 of this chapter, a petitioner need not 
file an entry of appearance in the investigation instituted upon the 
filing of its petition, which shall be deemed an entry of appearance.
* * * * *

0
5. Amend Sec.  207.11 by revising paragraphs (b)(2)(ii), (iii), and (v) 
to read as follows:


Sec.  207.11  Contents of Petition.

* * * * *
    (b) * * *
    (2) * * *
    (ii) A listing of all U.S. producers of the proposed domestic like 
product(s), including a street address, phone number, and contact 
person(s) with email address(es) for each producer;
    (iii) A listing of all U.S. importers of the subject merchandise, 
including street addresses, email addresses, and phone numbers for each 
importer.
* * * * *
    (v) A listing of all sales or revenue lost by each petitioning firm 
by reason of the subject merchandise during the three years preceding 
filing of the petition. For each named purchaser, petitioners must 
provide the email address of the specific contact person, street 
address, city, state, and 5-digit zip code with respect to each lost 
sales or lost revenue allegation. Petitioners must certify that all 
lost sales or lost revenue allegations identified in the petition will 
also be submitted electronically in the manner specified in the 
Commission's Handbook on Filing Procedures.
* * * * *

0
6. Revise Sec.  207.15 to read as follows:


Sec.  207.15  Written briefs and conference.

    Each party may submit to the Commission on or before a date 
specified in the notice of investigation issued pursuant to 207.12 a 
written brief containing information and arguments pertinent to the 
subject matter of the investigation. Briefs shall be signed, shall 
include a table of contents, and shall contain no more than fifty (50) 
double-spaced and single-sided pages of textual material, and shall be 
filed electronically, and nine (9) true paper copies shall be submitted 
on the same business day (on paper measuring 8.5 x 11 inches, double-
spaced and single-sided). Any person not a party may submit a brief 
written statement of information pertinent to the investigation within 
the time specified and the same manner specified for the filing of 
briefs. In addition, the presiding official may permit persons to file 
within a specified time answers to questions or requests made by the 
Commission's staff. If he deems it appropriate, the Director shall hold 
a conference. The conference, if any, shall be held in accordance with 
the procedures in Sec.  201.13 of this chapter, except that in 
connection with its presentation a party may provide

[[Page 35925]]

written witness testimony at the conference; if written testimony is 
provided, nine (9) true paper copies shall be submitted. The Director 
may request the appearance of witnesses, take testimony, and administer 
oaths.

0
7. Amend Sec.  207.20 by revising paragraph (b) to read as follows:


Sec.  207.20  Investigative activity following preliminary 
determination.

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

0
8. Revise Sec.  207.23 to read as follows:


Sec.  207.23  Prehearing brief.

    Each party who is an interested party shall submit to the 
Commission, no later than five (5) business days prior to the date of 
the hearing specified in the notice of scheduling, a prehearing brief. 
Prehearing briefs shall be signed and shall include a table of contents 
and shall be filed electronically, and nine (9) true paper copies shall 
be submitted on the same business day. The prehearing brief should 
present a party's case concisely and shall, to the extent possible, 
refer to the record and include information and arguments which the 
party believes relevant to the subject matter of the Commission's 
determination under section 705(b) or section 735(b) of the Act. Any 
person not an interested party may submit a brief written statement of 
information pertinent to the investigation within the time specified 
and the same manner specified for filing of prehearing briefs.

0
9. Revise Sec.  207.25 to read as follows:


Sec.  207.25  Posthearing briefs.

    Any party may file a posthearing brief concerning the information 
adduced at or after the hearing with the Secretary within a time 
specified in the notice of scheduling or by the presiding official at 
the hearing. A posthearing brief shall be filed electronically, and 
nine (9) true paper copies shall be submitted on the same business day. 
No such posthearing brief shall exceed fifteen (15) pages of textual 
material, double-spaced and single-sided, when printed out on paper 
measuring 8.5 x 11 inches. In addition, the presiding official may 
permit persons to file answers to questions or requests made by the 
Commission at the hearing within a specified time. The Secretary shall 
not accept for filing posthearing briefs or answers which do not comply 
with this section.

0
10. Revise Sec.  207.28 to read as follows:


Sec.  207.28  Anticircumvention.

    Prior to providing advice to the administering authority pursuant 
to section 781(e)(3) of the Act, the Commission shall publish in the 
Federal Register a notice that such advice is contemplated. Any person 
may file one written submission concerning the matter described in the 
notice no later than fourteen (14) days after publication of the 
notice. Such a statement shall be filed electronically, and nine (9) 
true paper copies shall be submitted on the same business day. The 
statement shall contain no more than fifty (50) double-spaced and 
single-sided pages of textual material, when printed out on paper 
measuring 8.5 x 11 inches. The Commission shall by notice provide for 
additional statements as it deems necessary.

0
11. Amend Sec.  207.30 by revising paragraph (b) to read as follows:


Sec.  207.30  Comment on information.

* * * * *
    (b) The parties shall have an opportunity to file comments on any 
information disclosed to them after they have filed their posthearing 
brief pursuant to Sec.  207.25. A comment shall be filed 
electronically, and nine (9) true paper copies shall be submitted on 
the same business day. Comments shall only concern such information, 
and shall not exceed 15 pages of textual material, double-spaced and 
single-sided, when printed out on paper measuring 8.5 x 11 inches. A 
comment may address the accuracy, reliability, or probative value of 
such information by reference to information elsewhere in the record, 
in which case the comment shall identify where in the record such 
information is found. Comments containing new factual information shall 
be disregarded. The date on which such comments must be filed will be 
specified by the Commission when it specifies the time that information 
will be disclosed pursuant to paragraph (a) of this section. The record 
shall close on the date such comments are due, except with respect to 
investigations subject to the provisions of section 771(7)(G)(iii) of 
the Act, and with respect to changes in bracketing of business 
proprietary information in the comments permitted by Sec.  207.3(c).

0
12. Amend Sec.  207.45 by revising paragraph (c) to read as follows:


Sec.  207.45  Investigation to review outstanding determination.

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

0
13. Amend Sec.  207.61 by revising paragraph (e) to read as follows:


Sec.  207.61  Responses to notice of institution.

* * * * *
    (e) A document filed under this section shall be filed 
electronically, and nine (9) true paper copies shall be submitted on 
the same business day.

0
14. Amend Sec.  207.62 by revising 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 be filed electronically, and 
nine (9) true paper copies shall be submitted on the same business day. 
Comments shall not exceed fifteen (15) pages of textual material, 
double spaced and single sided, when printed out on paper measuring 8.5 
x 11 inches. Comments containing new factual information shall be 
disregarded.
* * * * *

0
15. Revise Sec.  207.65 to read as follows:


Sec.  207.65  Prehearing briefs.

    Each party to a five-year review may submit a prehearing brief to 
the

[[Page 35926]]

Commission on the date specified in the scheduling notice. A prehearing 
brief shall be signed and shall include a table of contents. A 
prehearing brief shall be filed electronically, and nine (9) true paper 
copies shall be submitted (on paper measuring 8.5 x 11 inches and 
single-sided) on the same business day. The prehearing brief should 
present a party's case concisely and shall, to the extent possible, 
refer to the record and include information and arguments which the 
party believes relevant to the subject matter of the Commission's 
determination.

0
16. Amend Sec.  207.67 by revising paragraph (a) to read as follows:


Sec.  207.67  Posthearing briefs and statements.

    (a) Briefs from parties. Any party to a five-year review may file 
with the Secretary a posthearing brief concerning the information 
adduced at or after the hearing within a time specified in the 
scheduling notice or by the presiding official at the hearing. A 
posthearing brief shall be filed electronically, and nine (9) true 
paper copies shall be submitted on the same business day. No such 
posthearing brief shall exceed fifteen (15) pages of textual material, 
double spaced and single sided, when printed out on paper measuring 8.5 
x 11 inches and single-sided. In addition, the presiding official may 
permit persons to file answers to questions or requests made by the 
Commission at the hearing within a specified time. The Secretary shall 
not accept for filing posthearing briefs or answers which do not comply 
with this section.
* * * * *

0
17. Amend Sec.  207.68 by revising paragraph (b) to read as follows:


Sec.  207.68  Final comments on information.

* * * * *
    (b) The parties shall have an opportunity to file comments on any 
information disclosed to them after they have filed their posthearing 
brief pursuant to Sec.  207.67. Comments shall be filed electronically, 
and nine (9) true paper copies shall be submitted on the same business 
day. Comments shall only concern such information, and shall not exceed 
15 pages of textual material, double spaced and single-sided, when 
printed out on paper measuring 8.5 x 11 inches and single-sided. A 
comment may address the accuracy, reliability, or probative value of 
such information by reference to information elsewhere in the record, 
in which case the comment shall identify where in the record such 
information is found. Comments containing new factual information shall 
be disregarded. The date on which such comments must be filed will be 
specified by the Commission when it specifies the time that information 
will be disclosed pursuant to paragraph (a) of this section. The record 
shall close on the date such comments are due, except with respect to 
changes in bracketing of business proprietary information in the 
comments permitted by Sec.  207.3(c).

    By order of the Commission.

     Issued: June 19, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-14675 Filed 6-24-14; 8:45 am]
BILLING CODE 7020-02-P