[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Proposed Rules]
[Pages 60671-60674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24563]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 210


Rules of Adjudication and Enforcement

AGENCY: International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States International Trade Commission 
(``Commission'') proposes to amend its Rules of Practice and Procedure 
concerning rules of general application, adjudication, and enforcement. 
The amendments are necessary to gather more information on public 
interest issues arising from complaints filed with the Commission 
requesting institution of an investigation under section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337. The intended effect of 
the proposed amendments is to aid the Commission in identifying 
investigations that require further development of public interest 
issues in the record, and to identify and develop information regarding 
the public interest at each stage of the investigation.

DATES: To be assured of consideration, written comments must be 
received by 5:15 p.m. on November 30, 2010.

ADDRESSES: You may submit comments, identified by docket number MISC-
032, by any of the following methods:

--Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
--Agency Web Site: http://www.usitc.gov. Follow the instructions for 
submitting comments on the web site at http://www.usitc.gov/secretary/edis.htm.
--E-mail: <a href="/cdn-cgi/l/email-protection#a7cdc6cac2d489d0c8d5d3cfe7d2d4ced3c489c0c8d1"><span class="__cf_email__" data-cfemail="fc969d91998fd28b938e8894bc898f95889fd29b938a">[email protected]</span></a>. Include docket number MISC-032 in the 
subject line of the message.
--Mail: For paper submission. U.S. International Trade Commission, 500 
E Street, SW., Room 112, Washington, DC 20436.
--Hand Delivery/Courier: U.S. International Trade Commission, 500 E 
Street, SW., Room 112, Washington, DC 20436. From the hours of 8:45 
a.m. to 5:15 p.m.

    Instructions: All submissions received must include the agency name 
and docket number (MISC-032), along with a cover letter stating the 
nature of the commenter's interest in the proposed rulemaking. All 
comments received will be posted without change to http://www.usitc.gov, including any personal information provided. For paper 
copies, a signed original and 14 copies of each set of comments should 
be submitted to Marilyn R. Abbott, Secretary, U.S. International Trade 
Commission, 500 E Street, SW., Room 112, Washington, DC 20436.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.usitc.gov and/or the U.S. 
International Trade Commission, 500 E Street, SW., Room 112, 
Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: James Worth, telephone 202-205-3065, 
or Megan Valentine, telephone, 202-708-2301, Office of the General 
Counsel, 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.

[[Page 60672]]


SUPPLEMENTARY INFORMATION: The preamble below is designed to assist 
readers in understanding these proposed amendments to the Commission 
Rules. This preamble provides background information, a regulatory 
analysis of the proposed amendments, a section-by-section explanation 
of the proposed amendments to part 210, and a description of the 
proposed amendments to the rules. The Commission encourages members of 
the public to comment, in addition to any other comments they wish to 
make on the proposed amendments, on whether the language of the 
proposed amendments is sufficiently clear for users to understand.
    If the Commission decides to proceed with this rulemaking after 
reviewing the comments filed in response to this notice, the proposed 
rule revisions will be promulgated in accordance with the applicable 
requirements of the Administrative Procedure Act (``APA'') (5 U.S.C. 
553), and will be codified in 19 CFR part 210.

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. This rulemaking seeks to improve provisions of the Commission's 
existing Rules of Practice and Procedure. The Commission proposes 
amendments to its rules covering investigations under section 337 of 
the Tariff Act of 1930 (19 U.S.C. 1337) (``section 337'') in order to 
increase the efficiency of its section 337 investigations.
    This rulemaking effort began in 2010, as part of an effort to 
gather information on the public interest at an earlier stage in the 
investigation, and to aid the Commission in determining when to 
delegate part of the development of the record on the public interest 
to the administrative law judge. The Commission invites the public to 
comment on all of these proposed rules amendments. In any comments, 
please consider addressing whether the language of the proposed 
amendments is sufficiently clear for users to understand. In addition 
please consider addressing how the proposed rules amendments could be 
improved, and/or offering specific constructive alternatives where 
appropriate.
    Consistent with its ordinary practice, the Commission is issuing 
these proposed amendments in accordance with the applicable 
requirements of section 553 of the APA. This procedure entails the 
following steps: (1) Publication of a notice of proposed rulemaking; 
(2) solicitation of public comments on the proposed amendments; (3) 
Commission review of public comments on the proposed amendments; and 
(4) publication of final amendments at least thirty days prior to their 
effective date.

Regulatory Analysis of Proposed Amendments to the Commission's Rules

    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 final rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission has chosen to publish a notice 
of proposed 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 proposed 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 proposed 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 proposed 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.), because it is part of an 
administrative action or investigation against specific individuals or 
entities. 44 U.S.C. 3518(c)(1)(B)(ii).

Subpart C--Pleadings

Sections 210.12 and 210.13
    Section 210.12 generally provides the requirements for a complaint, 
and Sec.  210.13 generally provides requirements for responses to the 
complaint. To obtain information from the complainant on the existence 
and nature of any public interest issues raised by the complaint at the 
time of its filing, the Commission proposes adding a paragraph (a)(12) 
to Sec.  210.12 to require that the complainant provide in the 
complaint specific information regarding any public interest issues 
arising from the complaint. The complaint should address how issuance 
of an exclusion order and/or a cease and desist order in this 
investigation could affect the public health and welfare in the United 
States, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, or United States consumers. In particular, the complaint 
should:
    <bullet> Explain how the articles potentially subject to the orders 
are used in the United States;
    <bullet> Identify any public health, safety, or welfare concerns in 
the United States relating to the potential orders;
    <bullet> Indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the orders; and
    <bullet> Indicate whether Complainant, Complainant's licensees, 
and/or third party suppliers have the capacity to replace the volume of 
articles potentially subject to an exclusion order and a cease and 
desist order within a commercially reasonable time.

The Commission further proposes adding a paragraph (k) to Sec.  210.12 
to provide that, when a complaint is filed, the Secretary to the 
Commission will publish a notice in the Federal Register soliciting 
comments from the public and/or the proposed respondents on any public 
interest issues arising from the complaint.

    Similarly, to obtain information from respondents on the existence 
and nature of any public interest issues arising from the complaint at 
the time of the response to the complaint, the Commission proposes 
adding a new paragraph (b)(4) to Sec.  210.13(b) to require the 
respondents to respond to the public interest issues raised by the 
complaint. Respondents may also address any comments received from the 
public with respect to the public interest.

[[Page 60673]]

Subpart G--Determinations and Actions Taken

Sections 210.50
    Section 210.50 provides that the Commission, in the event of a 
violation of section 337, shall consider the appropriateness of an 
exclusion order or a cease and desist order in light of the public 
interest factors; the Commission must also determine whether, and in 
what amount, bonding is appropriate. Thus, in the event of a violation 
of section 337, it is the responsibility of the Commission to make 
determinations regarding remedy, the public interest, and bonding. 
Section 210.50(a)(4) provides that the Commission may receive 
submissions from the parties and the public on these issues. Section 
210.50(b)(1) provides that the administrative law judge shall take 
evidence with respect to the issues of remedy and bonding, but not with 
respect to the public interest unless the Commission orders otherwise. 
The Commission proposes to amended Sec.  210.50(b)(1) to also provide 
that if the Commission orders the administrative law judge to take 
evidence on the public interest, the administrative judge shall address 
the public interest in the recommended determination under Sec.  
210.42(a)(1)(ii) and that the extent of the taking of discovery by the 
parties shall be at the discretion of the presiding administrative law 
judge. The Commission proposes to add language to Sec.  210.50(a)(4) to 
provide that, after the service of the recommended determination on 
remedy by the presiding administrative law judge, the parties are 
instructed to submit to the Commission within 30 days any information 
relating to the public interest, including any updates to the 
information provided in the complaint and response as required by the 
proposed amendments to Sec. Sec.  210.12 and 210.13.

List of Subjects in 19 CFR Part 210

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

    For the reasons stated in the preamble, the United States 
International Trade Commission proposes to amend 19 CFR part 210 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.

Subpart C--Pleadings

    2. Amend Sec.  210.12 by adding paragraphs (a)(12) and (k) to read 
as follows:


Sec.  210.12  The complaint.

    (a) * * *
    (12) Provide specific information regarding the public interest. 
Address how issuance of an exclusion order and/or a cease and desist 
order in this investigation could affect the public health and welfare 
in the United States, competitive conditions in the United States 
economy, the production of like or directly competitive articles in the 
United States, or United States consumers. In particular,
    (i) Explain how the articles potentially subject to the orders are 
used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the potential orders;
    (iii) Indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the orders; and
    (iv) Indicate whether Complainant, Complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to an exclusion order and a cease and 
desist order within a commercially reasonable time.
* * * * *
    Publication of notice of filing. When a complaint is filed, the 
Secretary to the Commission will publish a notice in the Federal 
Register soliciting comments from the public and/or proposed 
respondents on any public interest issues arising from the complaint 
and potential exclusion and/or cease and desist orders. Members of the 
public and proposed respondents may provide specific information 
regarding the public interest in a written submission not to exceed 
five pages to the Secretary to the Commission within five days of 
publication of notice of the filing of a complaint. Members of the 
public and proposed respondents may address how issuance of an 
exclusion order and/or a cease and desist order in this investigation 
could affect the public health and welfare in the United States, 
competitive conditions in the United States economy, the production of 
like or directly competitive articles in the United States, or United 
States consumers. In particular, members of the public and proposed 
respondents may:
    (i) Explain how the articles potentially subject to the orders are 
used in the United States;
    (ii) Identify any public health, safety, or welfare concerns in the 
United States relating to the potential orders;
    (iii) Indicate the extent to which like or directly competitive 
articles are produced in the United States or are otherwise available 
in the United States, with respect to the articles potentially subject 
to the orders; and
    (iv) Indicate whether Complainant, Complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to an exclusion order and a cease and 
desist order within a commercially reasonable time.
    3. Amend Sec.  210.13 by adding a paragraph (b)(4) to read as 
follows:


Sec.  210.13  The response.

* * * * *
    (b) * * *
    Provide additional information on the public interest, as well as 
respond to the issues raised by the complaint as set forth in Sec.  
210.12(a)(12). The response may also address any comments received from 
members of the public with respect to the public interest pursuant to 
Sec.  210.12(k).
* * * * *

Subpart G--Determinations and Actions Taken

    3. Amend Sec.  210.50 by revising paragraphs (a)(4) and (b)(1) to 
read as follows:


Sec.  210.50  Commission action, the public interest, and bonding by 
respondents.

* * * * *
    (a) * * *
    (4) Receive submissions from the parties, interested persons, and 
other Government agencies and departments with respect to the subject 
matter of paragraphs (a)(1), (a)(2), and (a)(3) of this section. After 
a recommended determination on remedy is certified by the presiding 
administrative law judge, the parties are instructed to submit to the 
Commission, within 30 days from service of the recommended 
determination, any information relating to the public interest, 
including any updates to the information requested by Sec. Sec.  
210.12(a)(12) and 210.13(b)(4). Members of the public may also submit 
information with respect to the public interest.
    (b) * * *
    (1) With respect to an administrative law judge's ability to take 
evidence or other information and to hear arguments from the parties 
and other interested persons on the issues of appropriate

[[Page 60674]]

Commission action, the public interest, and bonding by the respondents 
for purposes of an initial determination on temporary relief, see 
Sec. Sec.  210.61, 210.62, and 210.66(a). For purposes of the 
recommended determination required by Sec.  210.42(a)(1)(ii), an 
administrative law judge shall take evidence or other information and 
hear arguments from the parties and other interested persons on the 
issues of appropriate Commission action and bonding by the respondents. 
Unless the Commission orders otherwise, an administrative law judge 
shall not take evidence on the issue of the public interest for 
purposes of the recommended determination under Sec.  210.42(a)(1)(ii). 
If the Commission orders the administrative law judge to take evidence 
with respect to the public interest, the extent of the taking of 
discovery by the parties shall be at the discretion of the presiding 
administrative law judge.
* * * * *

    By order of the Commission.

    Issued: September 27, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-24563 Filed 9-30-10; 8:45 am]
BILLING CODE 7020-02-P


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