[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Proposed Rules]
[Pages 16087-16088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7648]
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INTERNATIONAL TRADE COMMISSION
19 CFR Part 210
Filing of Complaints Alleging Unfair Practices in Import Trade
AGENCY: International Trade Commission.
ACTION: Proposed rulemaking and request for comments.
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SUMMARY: The Commission proposes to amend the Commission's final rules
for investigations and related proceedings under section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337). The proposed amendments require
section 337 complainants to file equal numbers of confidential and
nonconfidential copies of complaints and to file them on the same date.
DATES: Comments on the proposed amendments will be considered by the
Commission if received on or before April 28, 1995.
ADDRESSES: A signed original and 18 copies of each set of comments,
along with a cover letter stating the nature of the commenter's
interest in the proposed rulemaking, should be submitted to Donna R.
Koehnke, Secretary, U.S. International Trade Commission, 500 E Street
SW., Room 112, Washington, DC 20436.
FOR FURTHER INFORMATION CONTACT: P.N. Smithey, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3061. Hearing-impaired individuals can obtain information
concerning the proposed rulemaking by contacting the Commission's TDD
terminal at 202-205-1810.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 1994, the Commission published final rules for 19 CFR
part 210.1 The current 10-day deadline under final rule
210.4(f)(3)(i) for section 337 complainants to file nonconfidential
copies of their complaints after the confidential version is filed has
generated concern on the part of law firms and their clients (or
potential clients) that become aware that a section 337 complaint has
been filed (presumably via the Commission's petition and complaint line
recording) but are not able to examine immediately a nonconfidential
version of the complaint. The Commission now believes that there is no
reason to apply a 10-day delay to the filing of nonconfidential copies
of complaints, since section 337 complainants normally have ample time
to prepare a public version of their complaint and should be able to
file that version simultaneously with the confidential version. The
Commission thus proposes to amend the final rules to require section
337 complainants to file equal numbers of confidential and
nonconfidential copies of complaints and to file them on the same date.
\1\See 59 FR 39020, Part II (Aug. 1, 1994), as corrected by 59
FR 64286 (Dec. 14, 1994) and amended by 59 FR 67622 (Dec. 30, 1994).
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The proposed rule amendments set forth in this notice are intended
to streamline administrative process by improving the speed and
efficiency of the Commission's distribution and service of
nonconfidential copies of complaints. The Commission believes that the
proposed rule changes, if promulgated, will achieve those objectives by
doing the following:
1. Eliminating the need for the Dockets Branch of the Office of
the Secretary to make copies of the nonconfidential version of each
complaint in order to perform the required distribution and service
of nonconfidential copies of the complaint;
2. Facilitating the ability of the Dockets Branch to promptly
distribute nonconfidential copies of complaints to interested
persons and the Commission immediately after the complaint is filed;
and
3. Facilitating the ability of the Dockets Branch to promptly
serve nonconfidential copies of each complaint on the respondents
and the appropriate embassies immediately after the Commission votes
to institute an investigation in response to the complaint.
The public comments filed in response to this notice will aid the
Commission in determining whether the proposed rule amendments will
achieve the desired streamlining objectives.
Section-by-Section Analysis of the Proposed Amendments
In order to effectuate the proposed rule changes concerning the
filing of nonconfidential copies of complaints, the Commission proposes
to amend final rules 210.4, 210.5, 210.8, and 210.52 in the manner
described below.
Subpart A--Rules of General Applicability
Final Rule 210.4
Paragraph (f)(3) of final rule 210.4 currently requires section 337
complainants to file nonconfidential copies of their complaints 10 days
after the confidential version is filed. The Commission proposes to
amend paragraph (f)(3) to require complainants to file nonconfidential
copies of their complaints concurrently with the confidential copies.
Final Rule 210.5
Paragraph (a) of final rule 210.5 currently states that, unless the
Commission or an administrative law judge (ALJ) orders otherwise,
confidential business information shall be submitted in accordance with
19 CFR 201.6(c), which requires that business information for which the
supplier desires confidential treatment must be clearly labelled
``confidential business information'' when submitted and must be
segregated from other material being submitted.
The Commission proposes to amend paragraph (a) of final rule 210.5
to provide that confidential business information shall be submitted in
accordance with 19 CFR 201.6(b) (instead of 19 CFR 201.6(c)), since 19
CFR 201.6(b) outlines the procedure for submitting business information
in confidence. Paragraph (a) of final rule 210.5 also will be amended
to provide that in the case of a complaint and a motion for temporary
relief, the requisite number of nonconfidential copies is prescribed by
final rule 210.8(a) (and not by 19 CFR 201.8(d)).2
\2\ Section 201.6(b)(3)(v) of 19 CFR requires the filing of a
nonconfidential copy of the document for which confidential
treatment is being sought, as required in 19 CFR 201.8(d). Section
201.8(d) of 19 CFR requires the filing of ``at least four''
nonconfidential copies. [[Page 16088]]
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Final Rule 210.8
Paragraph (a) of final rule 210.8 discusses the number of copies of
the complaint and any motion for temporary relief which each
complainant must file with the Commission. The Commission proposes to
amend paragraph (a) to require the complainant to file enough
nonconfidential copies for use by the Commission and its staff, service
by the Commission on each proposed respondent, and service by the
Commission on the government of the country of each foreign respondent.
Subpart H--Temporary Relief
Final Rule 210.52
Paragraph (e) of final rule 210.52 identifies the rules to be
followed if a complaint, a motion for temporary relief, or the
documentation supporting a motion for temporary relief contains
confidential business information as defined in 19 CFR 201.6(a). The
Commission proposes to amend paragraph (e) of final rule 210.52 to
include references to final rules 210.4(a) and 210.8(a) (which the
Commission also proposes to amend).
PART 210--ADJUDICATIVE PROCEDURES
1. The authority citation for part 210 will continue to read as
follows:
Authority: 19 U.S.C. 1333, 1335, and 1337.
2. For the reasons set forth in the preamble, the Commission
proposes to revise paragraph (f)(3) of Sec. 210.4 to read as follows:
Sec. 210.4 Written submissions; representations; sanctions.
* * * * *
(f) Specifications; filing of documents. * * *
(3) (i) If a complaint, a motion for temporary relief, or the
documentation supporting a motion for temporary relief contains
confidential business information as defined in Sec. 201.6(a) of this
chapter, the complainant shall file nonconfidential copies of the
complaint, the motion for temporary relief, or the documentation
supporting the motion for temporary relief concurrently with the
requisite confidential copies, as provided in Sec. 210.8(a) of this
part.
(ii) Persons who file the following submissions that contain
confidential business information covered by an administrative
protective order, or that are the subject of a request for confidential
treatment, must file nonconfidential copies and serve them on the other
parties to the investigation or related proceeding within 10 calendar
days after filing the confidential version with the Commission:
(A) A supplement to a complaint and all exhibits thereto;
(B) A response to a complaint and all supplements and exhibits
thereto;
(C) All submissions relating to a motion to amend the complaint or
notice of investigation; and
(D) All submissions addressed to the Commission.
Other sections of this part may require, or the Commission or the
administrative law judge may order, the filing and service of
nonconfidential copies of other kinds of confidential submissions. If
the submitter's ability to prepare a nonconfidential copy is dependent
upon receipt of the nonconfidential version of an initial
determination, or a Commission order or opinion, or a ruling by the
administrative law judge or the Commission as to whether some or all of
the information at issue is entitled to confidential treatment, the
nonconfidential copies of the submission must be filed within 10
calendar days after service of the Commission or administrative law
judge document in question. The time periods for filing specified in
this paragraph apply unless the Commission, the administrative law
judge, or another section of this part specifically provides otherwise.
3. For the reasons set forth in the preamble, the Commission
proposes to revise paragraph (a) of Sec. 210.5 to read as follows:
Sec. 210.5 Confidential business information.
(a) Definition and submission. Confidential business information
shall be defined and identified in accordance with Sec. 201.6(a) and
(c) of this chapter. Unless the Commission, the administrative law
judge, or another section of this part states otherwise, confidential
business information shall be submitted in accordance with
Sec. 201.6(b) of this chapter. In the case of a complaint and a motion
for temporary relief filed under this part, the number of
nonconfidential copies shall be prescribed by Sec. 210.8(a) of this
part.
* * * * *
4. For the reasons set forth in the preamble, the Commission
proposes to revise paragraph (a) of Sec. 210.8 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 14
confidential copies of the complaint, 14 nonconfidential copies, plus
one confidential copy and one nonconfidential copy 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. If the complainant is
seeking temporary relief, the complainant must file 14 confidential
copies of the motion, 14 nonconfidential copies, plus one additional
confidential copy and one additional nonconfidential copy of the motion
for such relief 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
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.
* * * * *
5. For the reasons set forth in the preamble, the Commission
proposes to revise paragraph (e) of Sec. 210.52 to read as follows:
Sec. 210.52 Motions for temporary relief.
* * * * *
(e) If the complaint, the motion for temporary relief, or the
documentation supporting the motion for temporary relief contains
confidential business information as defined in Sec. 201.6(a) of this
chapter, the complainant must follow the procedure outlined in
Secs. 210.4(a), 210.5(a), 201.6(a) and (c), 210.8(a), and 210.55 of
this part.
Issued: March 23, 1995.
By Order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-7648 Filed 3-28-95; 8:45 am]
BILLING CODE 7020-02-P