[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Rules and Regulations]
[Pages 32442-32444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15179]
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INTERNATIONAL TRADE COMMISSION
19 CFR Part 210
Filing of Complaints and Supplements to Complaints Alleging
Unfair Practices in Import Trade
AGENCY: International Trade Commission.
[[Page 32443]] ACTION: Final rulemaking.
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SUMMARY: The Commission hereby revises its final rules for
investigations and related proceedings under section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337). The revised rules require section 337
complainants to file equal numbers of confidential and nonconfidential
copies of their complaints and to file them on the same date. The
revised rules impose the same requirements for filing supplements to
complaints. The revised rules are being adopted in response to concerns
expressed by interested members of the public and for the purpose of
streamlining the administrative process by improving the speed and
efficiency of the Commission's distribution and service of
nonconfidential copies of complaints, including supplements thereto.
EFFECTIVE DATE: In accordance with the 30-day advance publication
requirement imposed by 5 U.S.C. 553(d), the effective date of these
revised rules is July 24, 1995.
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 Final rule 210.4(f)(3)(i) imposed a 10-day deadline for
section 337 complainants to file nonconfidential copies of their
complaints after the confidential version was filed.
\1\ 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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On March 29, 1995, the Commission published a notice containing
proposed revisions to the part 210 rules which would require section
337 complainants to file equal numbers of confidential and
nonconfidential copies of their complaints and to file them on the same
date.2 The Customs and International Trade Bar Association (CITBA)
was the only organization that responded to the notice of proposed
rulemaking. The CITBA expressed approval of the proposed rules.
\2\ 60 FR 16087 (Mar. 29, 1995).
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Section-by-Section Analysis of the Revised Rules
The commentary that preceded the proposed rules in the notice of
proposed rulemaking published on March 29, 1995, constitutes the
preamble to the revised rules set forth in the present notice.3
\3\ See the Section-by-Section analysis of the proposed rules,
which appeared in 60 FR at 16087-16088.
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Revised rule 210.52(e) is identical to proposed rule 210.52(e).
Revised rules 210.4(f)(3), 210.5(a), and 210.8(a) differ slightly from
the correspondingly numbered proposed rules. The proposed rules
required complainants to file nonconfidential copies of their
complaints concurrently with the confidential copies. Upon further
reflection, the Commission decided that revised rules 210.4(f)(3),
210.5(a), and 210.8(a) should impose the same requirements for the
filing of supplements to section 337 complaints.
Regulatory Analysis
The revised rules adopted in this notice do not meet the criteria
enumerated in section 3(f) of Executive Order 12866,4 and
therefore do not constitute a significant regulatory action for
purposes of that Executive Order.
\4\ 58 FR 51735, Oct. 4, 1993.
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In accordance with the Regulatory Flexibility Act,5 the
Commission hereby certifies 6 that the revised rules set forth in
this notice are not likely to have a significant economic impact on a
substantial number of small business entities. The Commission notes
that most section 337 complainants are not small businesses. Moreover,
the revised rules merely increase the number of copies that section 337
complainants must file for two categories of submissions: Complaints
and supplements to complaints.
\5\ 5 U.S.C. 601 note.
\6\ Pursuant to 5 U.S.C. 605(b).
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In any event, the Regulatory Flexibility Act is inapplicable to
this rulemaking, because it is not one for which a notice of proposed
rulemaking was required under 5 U.S.C. 553(b) or another statute.7
Though the Commission chose to publish such a notice on March 29, 1995,
the revised rules are ``agency rules of procedure or practice'' and
thus were exempt from the notice requirement imposed by 5 U.S.C.
553(b).
\7\ See 5 U.S.C. 603(a).
List of Subjects in 19 CFR Part 210
Administrative practice and procedure, Imports, and investigations,
Investigations of unfair acts and unfair methods of competition in U.S.
import trade.
For the reasons set forth in the preamble, the U.S. International
Trade Commission hereby amends part 210 of title 19 of the Code of
Federal Regulations as follows:
PART 210--ADJUDICATION AND ENFORCEMENT
1. The authority citation for part 210 continues to read as
follows:
Authority: 19 U.S.C. 1333, 1335, and 1337.
2. Paragraph (f)(3) of Sec. 210.4 is revised to read as follows:
Sec. 210.4 Written submissions; representations; sanctions.
* * * * *
(f) Specifications; filing of documents. * * *
(3)(i) If a complaint, a supplement to 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 supplement to 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 response to a complaint and all supplements and exhibits
thereto;
(B) All submissions relating to a motion to amend the complaint or
notice of investigation; and
(C) 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 [[Page 32444]] for filing
specified in this paragraph apply unless the Commission, the
administrative law judge, or another section of this part specifically
provides otherwise.
* * * * *
3. Paragraph (a) of Sec. 210.5 is revised 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, any
supplement to the 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. Paragraph (a) of Sec. 210.8 is revised 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. The same requirements apply
for the filing of a supplement to the complaint. 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. Paragraph (e) of Sec. 210.52 is revised 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: June 13, 1995.
By Order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-15179 Filed 6-21-95; 8:45 am]
BILLING CODE 7020-02-P