G/ADP/N/1/USA/1/Suppl.22  
G/SCM/N/1/USA/1/Suppl.22  
 
3 September 2015  
(15-4436)  Page: 1/4  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS  UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
UNITED STATES 
Supplement 
The following communication, dated 1 September 2015,  is being circulated at the request of the 
Delegation of the United States.  
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Pursuant to Article 32.6 of the Agreement on Subsidies and Countervailing Measures and Article 18.5 of the Agreement on Implementation of  Article VI of the General Agreement on Tariffs 
and Trade 1994, the United States hereby notifies: 
 Investigations of Whether Injury to Domestic Industries Results From Imports Sold at Less Than 
Fair Value or From Subsidized Exports to the United States, 80 Fed. Reg. 52617 (1 Sept. 2015).  
 The United States is notifying an amendment to a provision of the U.S. International Trade Commission's Rules of Practice and Procedure concerning the conduct of antidumping and 
countervailing duty investigations and reviews. The Commission is adopting new rules regarding 
collection of information on lost sales and lost revenue allegations. These new rules are designed to facilitate the collection of information and redu ce the burden on petitioning parties by changing 
the information they need to provide in petitions. 
 The regulation is effective 1 October 2015, and is applicable to all petitions filed with the 
U.S. International Trade Commission after 1 October 2015. 
  [Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] 
[Rules and Regulations] 
[Pages 52617-52619] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] 
[FR Doc No: 2015-21441] 
  
******** 
 INTERNATIONAL TRADE COMMISSION  
19 CFR Part 207 
 [Docket No. MISC-013] 
 
Investigations of Whether Injury to Domestic Industries Results From Imports Sold at Less Than Fair Value or From Subsidized Exports to the United States 
 
AGENCY: International Trade Commission. ACTION: Final rule. G/ADP/N/1/USA/1/Suppl.22 • G/SCM/N/1/USA/1/Suppl.22 
 
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  SUMMARY: The United States International Trade Commission ("Commission'') is amending a 
provision of its Rules of Practice and Procedure concerning the conduct of antidumping and countervailing duty investigations and reviews. The amendment is designed to facilitate the collection of information and reduce the burden on petitioning parties by changing the information 
they need to provide in petitions. 
 DATES: This regulation is effective October 1, 2015, and is applicable to all petitions filed with the 
Commission after October 1, 2015. 
 FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone (202) 205-2000, or Michael Haldenstein, Attorney-Advisor, Office of  the General Counsel, telephone (202) 205-3041, 
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 
reasonable procedures, rules, and regulations that it deems necessary to carry out its functions 
and duties. The Commission has determined to amend Part 207 of its rules covering investigations conducted under title VII of the Tariff Act of 1930, as amended ("title VII proceedings''). The 
amendment is to Commission Rule 207.11 (19 CFR 207.11), which governs the information 
required in antidumping and countervailing duty pe titions filed with the Commission (as well as the 
Department of Commerce). The change to the rule is aimed at decreasing the burden on 
petitioning parties to provide detailed information concerning lost sales and lost revenue 
allegations in petitions filed with the Commission.  The Commission recently amended its Rules of Practice and Procedure, including Commission 
Rule 207.11. Prior to promulgating final rules, it published a notice of proposed rulemaking (NOPR) 
in the Federal Register. 78 FR 36446-449 (June 18, 2013). Among the provisions it proposed to amend was the provision in 19 CFR 207.11(b)(2)(v) concerning submission of lost sales and lost 
revenue allegations. Three law firms which regularly appear before the Commission in Title VII 
proceedings filed comments on the NOPR. On June 25, 2014, the Commission published revisions to its rules, including 19 CFR 207.11(b)(2)(v), that largely adopted the changes proposed in 
the NOPR. 79 FR 35920 (June 25, 2014). 
 In this notice, the Commission is adopting new rules regarding collection of information on lost sales and lost revenue allegations. The Commission considers this rule to be procedural and 
therefore excepted from notice-and-comment requirements under 5 U.S.C. 
 553(b)(3)(A). The Commission typically engages in  a notice-and-comment rulemaking process, 
even when it is not required, so it can receive comments and suggestions from affected parties 
concerning contemplated changes to its Rules of Practice and Procedure. The Commission decided that such processes were not warranted in this particular circumstance and, for reasons stated 
more fully below, finds under 5 U.S.C. 553(b)(3)(B) that good cause exists to waive prior notice 
and opportunity for public comment. In particular, the Commission conducted a rulemaking concerning the lost sales/lost revenue provisio n at 19 CFR 207.11(b)(2)(v) last year, received 
limited comments on the provision, and subsequent ly conducted an external survey process which 
yielded considerable commentary about procedures for collecting and investigating lost sales and 
lost revenue allegations. Consequently, the Co mmission has recently received and carefully 
considered extensive comments concerning the matters addressed in this notice. 
 
Regulatory Analysis of Amendment 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. These regulations are "agency rules of pr ocedure 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 G/ADP/N/1/USA/1/Suppl.22 • G/SCM/N/1/USA/1/Suppl.22 
 
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  a significant economic impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).  The rule does not impose an information collecti on burden under the provisions of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.). 
 The rule does not contain any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mand ates Reform Act of 1995 (2 U.S.C. 1501 et seq.). 
 The rule change does not constitute a "significant regulatory action'' under Executive Order 12866 (58 FR 51735, October 4, 1993). 
 
The rule change does not have Federalism imp lications as specified in Executive Order 13132 
(64 FR 43255, October 7, 1999). 
 
The amendment is not to a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et. seq.). Moreover, it is exempt from the 
reporting requirements of the Act because it concer ns a rule of agency organization, procedure, or 
practice that does not substantially affect the rights or obligations of non-agency parties.  Explanation of the Rule Change 
 
On June 25, 2014, the Commission amended 19 CFR 207.11(b)(2)(v) in two respects. First, the amendment required that petitioners provide th e 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. Second, petitioners were required to 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. The only comment on these changes asserted 
that the Commission's approach to investigating lost sales and lost revenue allegations was overly rigid and that the amendment would only further in crease the number of lost sales or lost revenue 
allegations that go uninvestigated. When it adopted the rule changes, the Commission indicated 
that its staff was still in the process of examin ing possible methods for electronic entry of data 
pertaining to lost sales and lost revenue allegations. Some basic requirements were to be specified in the Commission's Handbook of Filing Proc edures and the Commission indicated that these 
requirements may be further modified. 
 After the amendments of June 2014, the Commissio n staff conducted an external survey regarding 
the Commission's lost sales and lost revenue allegation process. It received 37 responses to the 
survey. Most survey respondents represented U.S. producers and they noted that they frequently 
submit lost sales and lost revenue allegations. Many survey respondents stated that it is difficult to 
provide the level of detail requested by the Co mmission regarding the allegations, particularly 
specific dates, quantities, and competing prices. They asserted that because of the level of detail 
and required research, compiling the information ca n be time consuming and costly for petitioners. 
Some survey respondents noted that collection of allegation information requires extensive 
document collection and review. Survey responde nts also observed that the specificity of the 
details in the allegation makes it possible for purchasers to deny allegations based on minor differences in details. 
 
After considering these comments, the Commission has determined to amend Commission Rule 207.11(b)(2)(v) to no longer require transaction-specific lost sales and lost revenue allegation information in the petition. Parties will no longer be required by the Rule to include in 
the petition "[a] listing of all sales or revenues lost by each petitioning firm by reason of the 
subject merchandise during the three years prec eding filing of the petition.'' Rather, the 
Commission's revised rule will state that the petition must include "[a] listing of the main 
purchasers from which each petitioning firm experienced lost sales or lost revenue by reason of 
the subject merchandise during a period covering  the three most recently completed calendar 
years and that portion of the current calendar year for which information is reasonably available.'' 
Petitioners will be required to provide the listing via a separate electronic data entry process in a 
manner to be specified in the Commission's Handbook on Filing Procedures. The Commission is also removing the requirement that petitioners su pply physical addresses for purchasers. Instead, 
petitioners will be required to provide informatio n identified in the template spreadsheet specified 
in the Commission's Handbook on Filing Procedur es. The language of the rule also now clearly G/ADP/N/1/USA/1/Suppl.22 • G/SCM/N/1/USA/1/Suppl.22 
 
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  indicates that lost sales and revenue allegations should concern a period more closely reflecting 
the period of investigation the Commission typically uses rather than only the three years preceding the filing of the petition.  
These changes in requirements for the petition sh ould ease the burden on petitioners while not 
compromising the ability of Commission staff to investigate lost sales and revenue that occur during the period of investigation. 
 
Accordingly, the ITC amends 19 CFR part 207 as follows:  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. In Sec. 207.11, revise paragr aph (b)(2)(v) to read as follows: 
 
 Sec. 207.11 Contents of petition. 
 
* * * * * (b) * * * 
(2) * * * 
(v) A listing of the main purchasers from which each petitioning firm experienced lost sales or lost revenue by reason of the subject merchandise duri ng a period covering the three most recently 
completed calendar years and that portion of the current calendar year for which information is 
reasonably available. For each named purchaser, petitioners must provide the email address of the 
specific contact person, 5-digit zip code, and the information identified in the template spreadsheet specified in the Commission's Handbook on Filing Procedures. 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.  
* * * * * 
 By order of the Commission.  
Issued: August 25, 2015. 
Lisa R. Barton, Secretary to the Commission. 
[FR Doc. 2015-21441 Filed 8-31-15; 8:45 am] 
BILLING CODE 7020-02-P  
 
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