[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Rules and Regulations]
[Pages 13689-13690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5177]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 210


Adjudication and Enforcement

AGENCY: U.S. International Trade Commission.

ACTION: Final rule.

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SUMMARY: The U.S. International Trade Commission is adopting as a final 
rule the proposed rulemaking that revised certain provisions of the 
agency's rules for investigations and related proceedings under section 
337 of the Tariff Act of 1930 (19 U.S.C. 1337) to provide for services 
of certain Commission documents by overnight delivery and provide one 
additional day to respond to Commission documents served by overnight 
delivery. These rules will ensure effective service of Commission 
documents on private parties in section 337 investigations and related 
proceedings.

DATES: Effective Date: March 23, 2007.
    Applicability Date: The Commission will adopt procedures to 
implement the rules changes on April 2, 2007.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Esq., telephone 202-
708-2310, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. General 
information concerning the Commission may be obtained by accessing its 
Internet server (http://www.usitc.gov). Hearing-impaired persons are 
advised that information on the final rulemaking can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: On December 8, 2006 (71 FR 71113), the 
Commission published a proposed rulemaking that would revise the text 
of Sec.  210.6 by dividing the current text and designating the 
portions as paragraphs (a) and (b), adding a new paragraph (c), which 
provides that a party shall be given one additional day to respond to a 
Commission document when served by overnight delivery, and adding 
another new paragraph (d), which defines ``overnight delivery''; and 
amending the text of Sec.  210.7 by revising and redesignating 
paragraph 210.7(a) as paragraph (a)(1) and adding new paragraph (a)(2).
    The sixty day public comment period for the proposed rulemaking 
closed on February 6, 2007. The Commission received one set of 
comments, from the ITC Trial Lawyers Association (ITCTLA), in response 
to the proposed rulemaking. The Commission has considered the ITCTLA 
comments to expand the scope of documents to be served by overnight 
delivery to include additional categories of documents. The 
Commission's response to these comments is that the Commission will 
consider whether to expand its procedures to include other types of 
documents after it has gained experience with the new service 
procedures. Thus, the Commission is adopting the proposed rule as a 
final rule without any changes.

Regulatory Analysis

    The Commission has determined that the final rules do not meet the 
criteria described in Section 3(f) of Executive Order 12866 (58 FR 
51735, Oct. 4, 1993) and thus do not constitute a significant 
regulatory action for purposes of the Executive Order.
    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 rulemaking is required under 5 U.S.C. 553(b) or any other 
statute. Although the Commission has chosen to publish a notice of 
final rulemaking, these proposed regulations are ``agency rules of 
procedure and practice,'' and thus are exempt from the notice 
requirement imposed by 5 U.S.C. 553(b).
    These final rules do not contain federalism implications warranting 
the preparation of a federalism summary impact statement pursuant to 
Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
    No actions are necessary under the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et seq.) because the final rules will not result in 
the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more in any one 
year, and will not significantly or uniquely affect small governments.
    The final rules 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 Contract With America Advancement Act of 1996 (Pub. 
L. 104-121) because they concern rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties.
    The amendments are not subject to section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), since they do not contain any 
new information collection requirements.

List of Subjects in 19 CFR Part 210

    Administration practice and procedure, Business and industry, 
Customs duties and inspection, Imports, and Investigations.

0
For the reasons discussed in the supplementary information, the United 
States International Trade Commission amends 19 CFR part 210 as 
follows:

PART 210--ADJUDICATION AND ENFORCEMENT

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 19 U.S.C. 1333, 1335, and 1337.


0
2. Revise Sec.  210.6 to read as follows:


Sec.  210.6  Computation of time, additional hearings, postponements, 
continuances, and extensions of time.

    (a) Unless the Commission, the administrative law judge, or this or 
another section of this part specifically

[[Page 13690]]

provides otherwise, the computation of time and the granting of 
additional hearings, postponements, continuances, and extensions of 
time shall be in accordance with Sec. Sec.  210.14 and 210.16(d) of 
this chapter.
    (b) Whenever a party has the right or is required to perform some 
act or to take some action within a prescribed period after service of 
a document upon it, and the document was served by mail, the deadline 
shall be computed by adding to the end of the prescribed period the 
additional time allotted under Sec.  210.16(d), unless the Commission, 
the administrative law judge, or another section of this part 
specifically provides otherwise.
    (c) Whenever a party has the right or is required to perform some 
act or to take some action within a prescribed period after service of 
a Commission document upon it, and the document was served by overnight 
delivery, the deadline shall be computed by adding one day to the end 
of the prescribed period, unless the Commission, the administrative law 
judge, or another section of this part specifically provides otherwise.
    (d) ``Overnight delivery'' is defined as delivery by the next 
business day.

0
3. Amend Sec.  210.7 by revising paragraph (a) to read as follows:


Sec.  210.7  Service of process and other documents; publication of 
notices.

    (a) Manner of service. (1) The service of process and all documents 
issued by or on behalf of the Commission or the administrative law 
judge--and the service of all documents issued by parties under 
Sec. Sec.  210.27 through 210.34 of this part--shall be in accordance 
with Sec.  201.16 of this chapter, unless the Commission, the 
administrative law judge, or this or another section of this part 
specifically provides otherwise.
    (2) The service of all initial determinations as defined in Sec.  
210.42 and all documents containing confidential business information--
issued by or on behalf of the Commission or the administrative law 
judge--on a private party shall be effected by serving a copy of the 
document by overnight delivery--as defined in Sec.  210.6(d)--on the 
person to be served, on a member of the partnership to be served, on 
the president, secretary, other executive officer, or member of the 
board of directors of the corporation, association, or other 
organization to be served, or, if an attorney represents any of the 
above before the Commission, by serving a copy by overnight delivery on 
such attorney.
* * * * *

    Issued: March 15, 2007.

    By Order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-5177 Filed 3-22-07; 8:45 am]
BILLING CODE 7020-02-P