[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]



-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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.<SUP>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).
---------------------------------------------------------------------------

    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)).<SUP>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]] 
---------------------------------------------------------------------------

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