`[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Pages 18-23]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32127]



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INTERNATIONAL TRADE COMMISSION
19 CFR Part 207


Notice of Interim Amendment to Rules of Practice and Procedure

AGENCY: United States International Trade Commission.

ACTION: Interim rules with request for comment.

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SUMMARY: The Commission is amending its Rules of Practice and Procedure 
on an interim basis to conform with the Uruguay Round Agreements Act, 
(URAA). These rules govern investigations of whether domestic 
industries are injured by reason of imports sold at less than fair 
value or from subsidized imports to the United States.
    The amendments provide, in particular, for new rules concerning 
comments on information obtained in investigations and for 
investigations concerning certain countervailing duty orders entered 
under section 303 of the Tariff Act of 1930 (the Act). Additionally, 
several rules are amended to conform their language with the provisions 
to the Act added or amended by the URAA.

DATES: The interim amendments become effective on January 1, 1995, the 
date on which the World Trade Organization (WTO) Agreement enters into 
force with respect to the United States, unless the United States Trade 
Representative (USTR) announces prior to that date that the WTO 
Agreement will not enter into force on that date. Should the effective 
date be other than January 1, 1995, the Commission will publish notice 
to such effect in the Federal Register.
    To be assured of consideration, written comments must be received 
not later than April 3, 1995.

ADDRESSES: A signed original and 14 copies of each set of comments, 
along with a cover letter, should be submitted to the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, D.C. 
20436.

FOR FURTHER INFORMATION CONTACT: Marc A. Bernstein, Office of General 
Counsel, U.S. International Trade Commission, telephone 202-205-3087. 
Hearing-impaired individuals are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810.

SUPPLEMENTARY INFORMATION: The URAA was enacted on December 8, 1994. 
This legislation contains provisions which, inter alia, amend Title VII 
of the Act (19 U.S.C. 1671 et seq.), concerning antidumping and 
countervailing duty investigations and review. The Commission's rules 
concerning Title VII practice and procedure need to be amended to 
conform to the new legislation.
    Section 335 of the Act (19 U.S.C. 1335) authorizes the Commission 
to adopt such reasonable procedures and rules and regulations as it 
deems necessary to carry out its functions and duties. Additionally, 
section 103(a) of the URAA specifies that appropriate officers of the 
United States Government may issue such regulations as may be necessary 
to ensure that any provision of that act, or amendment made by the act, 
is appropriately implemented on the effective date of that act, and 
section 103(b) of the URAA directs that any interim regulations 
necessary or appropriate to carry out any action proposed in the 
Statement of Administrative Action approved under section 101(a) of the 
URAA to implement an agreement described in section 101(d)(7), (12), or 
(13) of the URAA be issued not later than 1 year after the date on 
which the agreement enters into force with respect to the United 
States.
    Commission rules to implement new legislation ordinarily are 
promulgated in accordance with the rulemaking provisions of section 553 
of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.), which 
entails the following steps: (1) publication of a notice of proposed 
rulemaking; (2) solicitation of public comments on the proposed rules; 
(3) Commission review of such comments prior to developing final rules; 
and (4) publication of the final rules thirty days prior to their 
effective date. See 5 U.S.C. 553. That procedure could not be utilized 
in this instance because the new legislation was enacted on December 8, 
1994, and will become effective when the WTO enters into force with 
respect to the United States, which will be January 1, 1995, unless 
USTR announces otherwise prior to that date. Consequently, it was not 
possible to complete the section 553 rulemaking procedure prior to the 
effective date of the new legislation.
    The Commission thus determined to adopt interim rules that will go 
into effect when the provisions of the URAA amending Title VII become 
effective and will remain in effect until the Commission adopts final 
rules promulgated in accordance with the usual notice, comment, and 
advance publication procedure.
    The Commission's authority to adopt interim rules without following 
all steps listed in section 553 of the APA is derived from three 
sources: (1) section 335 of the Act (19 U.S.C. 1335), the pertinent 
portion of which was discussed above; (2) section 103 of the URAA and 
the Statement of Administrative Action approved by the URAA, the 
pertinent portions of which were also discussed above; and (3) 
provisions of section 553 of the APA which allow an agency to dispense 
with various steps in the prescribed rulemaking procedure under certain 
circumstances.
[[Page 19]]

    The Commission determined that the need for interim rules is clear 
in this instance. The Commission noted that the new legislation alters 
Title VII practice and procedure and that the existing Commission rules 
do not encompass certain procedures required by the new legislation. 
The Commission found that rulemaking was essential for the orderly 
administration of Title VII as amended by the new legislation. 
Furthermore, since the legislation is to become effective very shortly 
after enactment, the Commission concluded that it would be imperative 
that implementing rules be in place on the effective date of the new 
statute.
    The Commission noted that an agency may dispense with publication 
of a notice of proposed rulemaking when the following circumstances 
exist: (1) the proposed rules are interpretive rules, general 
statements of policy, or rules of agency organization, procedure or 
practice; or (2) the agency for good cause finds that notice and public 
procedure thereon are impracticable, unnecessary, or contrary to the 
public interest, and that finding (and the reasons therefor) are 
incorporated into the rules adopted by the agency. 5 U.S.C. 
Sec. 553(b). An agency may also dispense with the publication of a 
notice of final rules thirty days prior to their effective date if (1) 
the rules are interpretive rules or statements of policy or (2) the 
agency finds that ``good cause'' exists for not meeting the advance 
publication requirement and that finding is published along with the 
rule. 5 U.S.C. 553(d)(3).
    In this instance, the Commission determined that the requisite 
circumstances existed for dispensing with the notice, comment, and 
advance publication procedure that ordinarily precedes the adoption of 
Commission rules. For purposes of invoking the section 553(b) exemption 
from publishing a notice of proposed rulemaking which solicits public 
comment, the Commission found that (1) the interim rules are ``agency 
rules of procedure or practice''; and (2) since the new legislation is 
projected to become effective very shortly after enactment, and the 
time or fact of enactment could not be predicted in advance, it clearly 
would be ``impracticable'' for the Commission to comply with the usual 
notice, comment, and advance publication procedure. For the purpose of 
invoking the section 553(d)(3) exemption from publishing advance notice 
of the interim rules thirty days prior to their effective date, the 
Commission found that the fact that the new legislation is expected to 
become effective very shortly after enactment made such advance 
publication impossible and constituted ``good cause'' for the 
Commission not to comply with that requirement.
    The Commission recognizes that interim regulations should not 
respond to anything more than the exigencies created by the new 
legislation and expects that the more comprehensive final rules to 
follow will emerge as a result of the Congressionally-mandated policy 
of affording public participation in the rulemaking process.1 
Having been promulgated in response to exigencies created by the new 
legislation, each interim rule accordingly comes under one or more of 
the following categories:

    \1\See American Federation of Government Employees, AFL-CIO v. 
Block, 655 F.2d 1153, 1157-1158 (D.C. Cir. 1981) (``AFGE''). See 
also United States v. Garner, 767 F.2d 104, 120 (5th Cir. 1985) 
(quoting AFGE).
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    (1) revision of a pre-existing rule that conflicted with the new 
legislation;
    (2) a technical amendment to make a pre-existing rule conform to 
the language of the new legislation;
    (3) rewording of a pre-existing rule to avoid confusion about how 
the rule is to be applied in light of the new legislation; or
    (4) a new rule covering a matter provided for in the new 
legislation but not covered by a pre-existing rule. More comprehensive 
final rules will be issued at a later date in accordance with the usual 
notice, public comment, and advance publication procedure.
    Because the interim regulations merely respond to exigencies 
created by the new legislation, the Commission has further determined 
that they do not meet the criteria described in section 3(f) of 
Executive Order 12866 (58 FR 51735, Oct. 4, 1993) (EO) and thus do not 
constitute a significant regulatory action for purposes of the EO. In 
accordance with the Regulatory Flexibility Act (5 U.S.C. Sec. 601 
note), the Commission hereby certifies pursuant to 5 U.S.C. Sec. 605(b) 
that the rules set forth in this notice are not likely to have a 
significant impact on a substantial number of small business entities. 
In any event, the Regulatory Flexibility Act is inapplicable to this 
rulemaking because it is not one in which a notice of proposed 
rulemaking is required under 5 U.S.C. Sec. 553(b).

Explanation of the Interim Amendments to 19 CFR Part 207

    The amendments set forth below are intended to reflect changes in 
the law effected by the URAA.
    Section 207.1 is amended to state that the Part 207 regulations are 
not applicable to investigations conducted pursuant to section 783 of 
the Act, which concerns antidumping petitions filed by third countries. 
Section 783 was added to the Act by section 232 of the URAA. Section 
783(c) states that Commission determinations in investigations arising 
from antidumping petitions by third countries shall be made according 
to procedural requirements specified by the Office of the United States 
Trade Representative (USTR). Because the Commission is not the agency 
that has been accorded statutory authority to specify procedures with 
respect to section 783 investigations, section 207.1 must be amended to 
exclude section 783 investigations from its scope. Additionally, the 
U.S. Code citations in section 207.1 have been amended to reflect the 
new U.S. Code provisions added to Title VII of the Act by the URAA.
    Section 207.2(e) is amended to change the reference to ``a class or 
kind of merchandise'' to ``subject merchandise.'' This reflects a 
change in statutory terminology pursuant to, inter alia, section 233(5) 
of the URAA.
    Section 207.8 is amended to conform its terminology to changes made 
in the Act pursuant to section 231 of the URAA. The reference under 
clause (a) to ``best information otherwise available'' has been changed 
to ``the facts otherwise available,'' consistent with new section 
776(a) of the Act. The language under clause (c) referencing adverse 
inferences has been amended to conform to that used in new section 
776(b) of the Act.
    Sections 207.10(a), 207.10(c)(2), and 207.11 are amended, and 
former section 207.10(d) is repealed, to eliminate references to 
petitions filed under section 303. Section 261 of the URAA repeals 
section 303 on its effective date, so no new section 303 petitions will 
be filed after the effective date of these regulations. Other 
references to section 303 have been retained in the regulations, 
inasmuch as section 261(b)(2) of the URAA states that the repeal does 
not affect pending proceedings under section 303, and the Commission 
may have section 303 investigations pending as of the effective date of 
these regulations.
    A new section 207.29 is added concerning comments on information. 
This new section implements the provisions of section 782(g) of the 
Act, as amended by section 231(a) of the URAA. These new provisions 
require the Commission, before making a final determination in 
countervailing or antidumping duty investigations or review 
proceedings, to cease collecting information and provide parties to the 
proceeding with a final opportunity to [[Page 20]] comment upon all 
information on which they previously had not had an opportunity to 
comment.
    For purposes of these interim regulations, the Commission has 
proposed to implement section 782(g) by adopting relatively minor 
changes to the procedures it currently follows in final antidumping and 
countervailing duty investigations. The Commission is interested in 
receiving comments, however, concerning whether more extensive changes 
to its antidumping and countervailing investigation procedures are 
necessary or desirable to implement section 782(g). More extensive 
changes could entail one or several of the following: instituting final 
investigations at an earlier time; releasing the final confidential 
staff report prior to the parties' final opportunity to comment under 
section 782(g); implementing a multiple-stage comment procedure to 
permit the Commission and Commission staff to submit final questions to 
the parties and/or to allow the parties to submit rebuttal comments. 
The Commission is additionally interested in receiving comment 
concerning the scheduling of procedures it is adopting to implement 
section 782(g), i.e., concerning how long before the public vote the 
final disclosure of information should take place, and the amount of 
time after disclosure parties should be provided to file their 
comments. This could include submission of suggested model work 
schedules, particularly if the proposed dates for issuing 
questionnaires or scheduling a hearing need to be changed (e.g., if 
questionnaires are issued before Commerce's preliminary determination) 
as a result.
    Section 207.29(a) concerns the Commission's first obligation under 
new section 782(g): to disclose information to parties to an 
investigation or review. Consequently, section 207.29(a) requires the 
Commission to specify in a final antidumping or countervailing duty 
investigation a date on which it will disclose to the parties to the 
investigation all information on which they have not previously had an 
opportunity to comment. This includes business proprietary information, 
which will be released pursuant to administrative protective order. It 
is anticipated that the disclosure date will be specified as soon as 
practicable after institution of the final investigation. Additionally, 
to ensure that all transcript corrections are received by the 
Commission prior to the disclosure date, section 207.23(c)(2) is 
amended to state that all proposed revisions to the hearing transcript 
be submitted to the Secretary at least one day prior to the information 
disclosure date.
    Section 207.29(b) concerns the Commission's second obligation under 
new section 782(g): to provide the parties an opportunity to comment on 
the information disclosed. This section indicates that the Commission 
will specify a date on which the parties will have an opportunity to 
file comments on information disclosed to them pursuant to subsection 
(a). The comments can only concern the information disclosed pursuant 
to subsection (a) and shall not exceed 10 pages of textual material, 
double spaced and single-sided, on stationery measuring 8\1/2\ x 11 
inches. To implement the requirement of section 782(g) that the 
Commission disregard comments containing any new factual information, 
the regulation requires that comments addressing the accuracy, 
reliability, or probative value of information disclosed by reference 
to information elsewhere in the record shall identify where in the 
record such information is found. Section 207.29(b) also states that 
the record shall close on the date the comments are due, except as 
provided in section 771(7)(G)(iii) with respect to staggered 
investigations.
    Pursuant to section 207.29(c), the provisions of section 207.29 
will be applicable to final countervailing duty and antidumping 
investigations under sections 705 and 735 to which the amendments made 
to Title VII of the Act by the URAA are applicable. Additionally, by 
virtue of section 207.45(d) and new section 207.46(d), the provisions 
of section 207.29 are also pertinent to changed circumstances 
investigations under section 751(b) and reviews of certain outstanding 
section 303 orders under new section 753.
    In furtherance of new section 207.29, the Commission may adopt a 
practice of releasing staff reports on or before the disclosure date 
established pursuant to that section in the event that one or more 
parties to an investigation or review do not have access to business 
proprietary information subject to administrative protective order. 
Section 207.21(b) is therefore amended to delete the clause stating 
that the public version of the Commission's final staff report will be 
released ``after the Commission's final determination.'' The Commission 
does not take the position, however, that such a practice is required 
by section 207.29. Nor does the Commission anticipate that it will 
necessarily release public copies of staff reports on or before the 
disclosure date as a general matter.
    There are two technical amendments to section 207.40. First, 
section 207.40(a) is amended by addition of the language ``upon 
withdrawal of the petition by the petitioner'' so it will conform more 
closely with sections 704(a)(3) and 734(a)(3), whose requirements it 
implements. This change is also needed because the URAA has amended the 
Act to specify that a Commission preliminary determination of 
negligible imports pursuant to new section 771(24) will have the effect 
of terminating an investigation. Second, section 207.40(b) is amended 
to reflect that the Department of Commerce may suspend antidumping 
investigations pursuant to section 734(l), as well as sections 734 (b) 
and (c).
    A new section 207.46 is added to establish procedures for 
investigations under section 753 of the Act. Section 753, which was 
added to the Act by section 271 of the URAA, concerns countervailing 
duty orders that were issued under former section 303 of the Act 
without an injury determination being made by the Commission.
    Section 207.46(a) contains definitions for terms used in that 
section. The first term, ``requesting party,'' merely references the 
type of parties eligible under section 753(a)(1) to request an 
investigation pursuant to that section. The second term, ``order,'' is 
taken directly from section 753(a)(2). The third term, ``WTO 
agreement,'' is taken directly from section 2(9) of the URAA.
    Section 207.46(b) establishes requirements for requests for reviews 
under section 753. Such requests must be made by a ``requesting 
party''--that is, a party eligible to file a request under section 
753(a)(1), and must be made within the time period established under 
section 753(a)(3). Paragraphs (1) through (4) specify additional 
material that should be included within the request to enable the 
Commission to facilitate and organize its investigation under section 
753 and to formulate questionnaires. These encompass:
    (1) A description of the relevant domestic like product and 
domestic industry on which the requesting party believes the Commission 
should focus in conducting its section 753 investigation, and 
identification of the individual members of that domestic industry.
    (2) Information concerning the names and addresses of all known 
enterprises believed to be manufacturing, producing, exporting, or 
importing the subject merchandise.
    (3) Information reasonably available to the requesting party 
documenting how that domestic industry is likely to be materially 
injured by reason of subject imports if the section 303 order 
[[Page 21]] at issue is revoked. The provision specifies certain types 
of information concerning both the domestic industry and entities that 
produce or export the subject imports that should be included within 
the request, to the extent possible, to facilitate the Commission's 
determination.
    (4) Information concerning any scope and anticircumvention rulings 
issued by the Department of Commerce with respect to the section 303 
order at issue.
    When the Commission receives a timely request for a section 753 
investigation satisfying these requirements, section 207.46(c)(1) 
provides that it will publish a notice of initiation of the 
investigation in the Federal Register. Such notice is required by 
section 753(d). Section 207.46(c)(2) implements the policy of section 
753(b)(1)(B) that the Commission should issue determinations in section 
753 investigations within one year of initiation to the extent 
possible. The statute, however, provides an exception to the one-year 
policy in section 753(b)(1)(C) for investigations initiated within one 
year after the date on which the WTO Agreement enters into force with 
respect to the United States. This exception is reflected at section 
207.46(c)(3) of the new regulations, which pursuant to the statute, 
states that all investigations must be completed within four years of 
the date the WTO Agreement enters into force and that the Commission 
shall confer with the Department of Commerce in determining whether to 
extend a completion date. Section 207.46(c)(3) also provides a 
description of grounds that may justify the Commission extending a 
completion date; the grounds specified are not intended to be 
exclusive.
    Section 207.46(d) specifies that the procedures set forth 
pertaining to final antidumping and countervailing duty investigations 
shall also be applicable to section 753 investigations. This is 
consistent with section 753(b)(1)(A) of the Act.
    Section 207.46(e) reflects the requirements of section 753(b)(4) 
with respect to section 303 orders for which no request for review is 
filed. Similarly, section 207.46(f) reflects the requirements of 
section 753(c) for section 303 investigations without an injury test 
that are pending or have been suspended when a country has become a 
signatory to the WTO's Agreement on Subsidies and Countervailing 
Measures.
    Section 207.46(g) concerns review requests made under section 
753(e). That section permits a requesting party to file, simultaneously 
with its request for review under section 753, a request for an 
expedited ``sunset'' review under section 751(c) of countervailing or 
antidumping duty orders involving the same or comparable subject 
merchandise. Sections 753(e)(1)(A) and 753(e)(3) indicate that if the 
Department of Commerce, after consultation with the Commission, should 
determine to initiate a review pursuant to the request, the Commission 
shall conduct a consolidated review pursuant to the procedures 
applicable to section 751(c) reviews.
    The Commission has determined not to issue detailed regulations for 
section 751(c) investigations as part of these interim rules. Instead, 
the Commission anticipates that it will promulgate such regulations 
pursuant to notice-and-comment rulemaking procedures promptly after the 
URAA's amendments to the Act become effective. Nevertheless, section 
207.46(g) contains a brief specification of how any section 751(c) 
reviews initiated by Department of Commerce pursuant to requests made 
under section 753(e) will be conducted. Section 207.46(g)(1) authorizes 
requests for expedited review, and states that the request for review 
under section 751(c) should set forth evidence to establish why 
revocation of the order to be reviewed under section 751(c) would be 
likely to lead to continuation or recurrence of material injury. Again, 
the Commission intends to promulgate more detailed regulations 
concerning the content of requests for review under section 751(c) as 
part of subsequent notice-and-comment rulemaking.
    Section 207.46(g)(2) states that if the Department of Commerce 
should determine to initiate a section 751(c) review, the Commission 
shall conduct a consolidated review under sections 751(c) and 753 under 
the procedures set forth in Subparts A and C of Part 207. This 
implements the requirements of section 753(e)(3) pending the 
promulgation of more detailed procedural rules pertaining to section 
751(c) investigations. Section 207.46(g)(3) states that if Commerce 
should determine not to initiate a section 751(c) review, the 
Commission will proceed with the section 753 review request pursuant to 
the procedures stated elsewhere in section 207.46.

List of Subjects in 19 CFR Part 207

    Administrative practice and procedure, Antidumping, Countervailing 
duties, Investigations.

PART 207--[AMENDED]

    Part 207 is amended as set forth below:
    1. The authority citation for Part 207 is revised to read as 
follows:

    Authority: 19 U.S.C. 1303, 1336, 1671-1677n, 2482; sec. 103, 
Pub. L. 103-465, 108 Stat. 4809.

    1a. Section 207.1 is revised to read as follows:


Sec. 207.1  Applicability of part.

    Part 207 applies to proceedings of the Commission under section 
303, section 516A and title VII of the Tariff Act of 1930 (19 U.S.C. 
1303, 1516A and 1671-1677n) (the Act), other than investigations under 
section 783 (19 U.S.C. 1677n), which will be conducted pursuant to 
procedures specified by the Office of the United States Trade 
Representative.
    2. Paragraph (e) of section 207.2 is revised to read as follows:


Sec. 207.2  Definitions applicable to part 207.

* * * * *
    (e) The term injury means: Material injury or threat of material 
injury to an industry in the United States, or material retardation of 
the establishment of an industry in the United States, by reason of 
imports into the United States of subject merchandise which is found by 
the administering authority to be subsidized, or sold, or likely to be 
sold, at less than its fair value.
* * * * *
    3. Section 207.8 is revised to read as follows:


Sec. 207.8  Questionnaires to have the force of subpoenas; subpoena 
enforcement.

    Any questionnaire issued by the Commission in connection with any 
investigation under section 303 or title VII of the Act, may be issued 
as a subpoena and subscribed by a Commissioner, after which it shall 
have the force and effect of a subpoena authorized by the Commission. 
Whenever any party or any other person fails to respond adequately to 
such a subpoena or whenever a party or any other person refuses or is 
unable to produce information requested in a timely manner and in the 
form required, or otherwise significantly impedes an investigation, the 
Commission may:
     (a) Use the facts otherwise available in making its determination;
    (b) Seek judicial enforcement of the subpoena pursuant to 19 U.S.C. 
1333;
    (c) Make inferences adverse to such person's position, if such 
person is an interested party that has failed to cooperate by not 
acting to the best of its ability to comply with a request for 
information; and [[Page 22]] 
    (d) Take such other actions as necessary to obtain needed 
information.
    4. Paragraphs (a) and (c)(2) of Section 207.10 are revised 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 
732(b) of the Act shall file copies of the petition, pursuant to 
section 201.8 of this chapter, with the Secretary on the same day the 
petition is filed with the administering authority. If the petition 
complies with the provisions of section 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. The Secretary shall 
notify the administering authority of that date. Notwithstanding 
section 201.11 of this chapter, a petitioner need not file an entry of 
appearance in the preliminary investigation instituted upon the filing 
of its petition, which shall be deemed an entry of appearance, although 
the petitioner must file an entry of appearance in any final 
investigation corresponding to that preliminary investigation.
* * * * *
    (c) * * *
    (2) When not made in the petition, any allegations of critical 
circumstances under section 703 or 733 of the Act shall be made in an 
amendment to the petition and shall be filed as early as possible. 
Critical circumstances allegations, whether made in the petition or in 
an amendment thereto, shall contain information reasonably available to 
petitioner concerning the factors enumerated in sections 705(b)(4)(A) 
and 735(b)(4)(A) of the Act.


Sec. 207.10  [Amended]

    5. Paragraph (d) of section 207.10 is removed.
    6. Section 207.11 is revised to read as follows:


Sec. 207.11  Contents of petition.

    The petition shall be signed by the petitioner or his duly 
authorized officer, attorney, or agent, and shall set forth the name, 
address, and telephone number of the petitioner and any such officer, 
attorney, or agent, and the names of all representatives of petitioner 
who will appear in the investigation. The petition shall allege the 
elements necessary for the imposition of a duty under section 701(a) or 
731(a) of the Act and contain information reasonably available to the 
petitioner supporting the allegations. Petitioners are advised to refer 
to the administering authority's regulations concerning the contents of 
petitions.
    7. Paragraph (b) of section 207.21 is revised to read as follows:


Sec. 207.21  Prehearing and final staff reports.

* * * * *
    (b) Final staff report. After the hearing, the Director shall 
revise the prehearing staff report and submit to the Commission, prior 
to the Commission's final determination, a final version of the staff 
report. The final staff report is intended to supplement and correct 
the information contained in the prehearing staff report. A public 
version of the final staff report shall be made available to the public 
and a business proprietary version shall also be made available to 
persons authorized to receive business proprietary information under 
section 207.7.
    8. Paragraph (c)(2) of section 207.23 is revised to read as 
follows:


Sec. 207.23  Hearing.

* * * * *
    (c) * * *
    (2) Revision of transcripts. Within ten (10) days of the completion 
of a hearing, but in any event at least one (1) day prior to the date 
for disclosure of information set pursuant to section 207.29(a), any 
person who testified at the hearing may submit proposed revisions to 
the transcript of his testimony to the Secretary. No substantive 
revisions shall be permitted. If in the judgment of the Secretary a 
proposed revision does not alter the substance of the testimony in 
question, he shall incorporate the revision into a revised transcript.
    9. A new section 207.29 is added to read as follows:


Sec. 207.29  Comment on information.

    (a) In any final investigation under section 705 or 735 of the Act, 
the Commission shall specify a date on which it will disclose to all 
parties to the investigation all information it has obtained on which 
the parties have not previously had an opportunity to comment. Any such 
information that is business proprietary information will be released 
to persons authorized to obtain such information pursuant to section 
207.7. The date on which disclosure is made will occur after the filing 
of posthearing briefs pursuant to section 207.24.
    (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 section 207.24. Comments shall only concern such 
information, and shall not exceed 10 pages of textual material, double 
spaced and single-sided, on stationery measuring 8 \1/2\ 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 or 
comments on information disclosed prior to the filing of the 
posthearing brief shall be disregarded. The date on which such comments 
must be filed will be specified by the Commission when it specifies the 
time 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.
    (c) This section shall be applicable only to proceedings that have 
been self-initiated by the administering authority after, or initiated 
pursuant to petitions or requests filed after, the date on which the 
Agreement Establishing the World Trade Organization enters into force 
with respect to the United States.
    10. Paragraphs (a) and (b) of section 207.40 are revised to read as 
follows:


Sec. 207.40  Termination and suspension of investigation.

    (a) An investigation under title VII may be terminated by the 
Commission by giving notice in the Federal Register to all parties to 
the investigation, upon withdrawal of the petition by the petitioner, 
or upon issuance of a final negative determination or termination of 
its investigation by the administering authority under section 303, 705 
or 735 of the Act. The Commission may not terminate an investigation 
upon withdrawal of the petition by the petitioner, however, before a 
determination is made by the administering authority under section 
702(c), 703(b), 732(c) or 733(b) of the Act.
    (b) Upon receipt of notice of suspension of an investigation by the 
administering authority under section 704 (b) or (c) or 734(b), (c), or 
(1), of the Act, the Secretary shall issue a notice of suspension of 
the Commission investigation. Such suspension shall not prevent the 
Director from conducting such other investigative activities as he 
deems appropriate with respect to the subject matter of the suspended 
investigation.
* * * * *
    11. A new section 207.46 is added to read as follows: [[Page 23]] 


Sec. 207.46  Investigations concerning certain countervailing duty 
orders.

    (a) Definitions. For purposes of this section:
    (1) Requesting party means an interested party described in section 
771(9) (C), (D), (E), (F), or (G) of the Act.
    (2) Order means a countervailing duty order issued under section 
303 of the Act as to which the requirement of an affirmative 
determination of material injury under section 303(a)(2) of the Act was 
not applicable at the time such order was issued.
    (3) WTO Agreement means the Agreement Establishing the World Trade 
Organization entered into on April 15, 1994.
    (b) Request for review. A requesting party may file with the 
Commission a request for an investigation under section 753 of the Act 
within the time period established by section 753(a)(3) of the Act. The 
request should contain the following information:
    (1) A description and identification of the relevant domestic like 
product, the industry in the United States producing that product that 
is likely to be materially injured by reason of imports of the subject 
merchandise if the Order is revoked, and each individual member of that 
industry.
    (2) Information reasonably available to the requesting party 
concerning the names and addresses of all known enterprises believed to 
be manufacturing, producing, exporting, or importing the subject 
merchandise;
    (3) Information reasonably available to the requesting party 
documenting that the industry described in paragraph (b)(1) of this 
section is likely to be materially injured by reason of subject imports 
if the Order is revoked, including:
    (i) Information concerning the capacity, production, sales, market 
share, inventories, employment, wages, productivity, profits, ability 
to raise capital, and development and production efforts of the 
industry described in paragraph (b)(1) of this section.
    (ii) Information concerning current and projected production 
capacity in the exporting country of the subject merchandise, 
inventories of the subject merchandise, and the existence of barriers 
to the importation of such merchandise into countries other than the 
United States.
    (4) Information concerning any scope and anticircumvention rulings 
issued by the administering authority with respect to the Order.
    (c) Initiation of Investigation. (1) Upon the receipt of a timely 
filed request for a section 753 investigation satisfying the 
requirements of paragraph (b) of this section, the Secretary shall 
publish a notice of initiation of such investigation in the Federal 
Register.
    (2) Subject to paragraph (c)(3) of this section, a section 753 
investigation shall be completed within one year of the date of 
publication of the notice of initiation of such investigation in the 
Federal Register.
    (3) The Commission may take more than one year to complete section 
753 investigations for which requests for investigations are received 
within one year after the date on which the WTO Agreement enters into 
force with respect to the United States. All such investigations must 
be completed within four years of that date, however. In determining 
whether to extend the completion date for a section 753 investigation, 
the Commission shall consult with the administering authority. Grounds 
for extending completion include, but are not limited to, the desire to 
conduct investigations involving the same or similar domestic 
industries and domestic like products on a simultaneous basis, and the 
desire to efficiently manage the Commission's caseload.
    (d) Conduct of Investigations. The procedures set forth in subparts 
A and C of this part shall apply to all investigations initiated under 
this section.
    (e) When No Request for Review Is Filed. When there has been no 
properly filed and sufficient request for a section 753 investigation 
of an Order, the Commission shall notify the administering authority 
that a negative determination has been made under section 753(a) of the 
Act with respect to that Order.
    (f) Pending and Suspended Section 303 Investigations. If, on the 
data on which a country becomes a signatory to the Agreement on 
Subsidies and Countervailing Measures referred to in section 101(d)(12) 
of the Uruguay Round Agreements Act, there is a section 303 
countervailing duty investigation in progress or suspended with respect 
to that country's merchandise for which the requirement of a material 
injury determination under section 303(a)(2) of the Act was not 
applicable at the time the investigation was initiated, the Commission 
shall commence an investigation pursuant to the provisions of section 
753(c) of the Act with respect to pending investigations and suspended 
investigations to which section 704(i)(1)(B) of the Act applies.
    (g) Request for Simultaneous Expedited Section 751(c) Review. (1) A 
requesting party who requests a section 753 review may at the same time 
request from the Commission and the administering authority an 
expedited review under section 751(c) of the Act of a countervailing or 
antidumping duty order involving the same or comparable subject 
merchandise. The request for review under section 751(c) of the Act 
should set forth evidence to establish why revocation of the order to 
be reviewed under section 751(c) of the Act would be likely to lead to 
continuation or recurrence of material injury and should additionally 
contain any information required by the regulations of the 
administering authority.
    (2) Should the administering authority, after consulting with the 
Commission, determine to initiate a section 751(c) review, the 
Commission shall conduct a consolidated review under sections 751(c) 
and 753 of the Act of the orders involving the same or comparable 
subject merchandise. The procedures set forth in subparts A and C of 
this part shall apply to any such consolidated review.
    (3) Should the administering authority, after consulting with the 
Commission, determine not to initiate a section 751(c) review, the 
Commission will consider the request for a section 753 review pursuant 
to the procedures established in this section.

    By order of the Commission:

    Issued: December 24, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-32127 Filed 12-30-94; 8:45 am]
BILLING CODE 7020-02-P`