[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2341]


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[Federal Register: February 3, 1994]


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INTERNATIONAL TRADE COMMISSION

19 CFR Parts 206 and 207

 

Implementing Rules for the North American Free Trade Agreement

AGENCY: United States International Trade Commission.

ACTION: Interim rules with request for comments.

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SUMMARY: The Commission is amending its rules of practice and procedure 
to conform with the North American Free Trade Agreement Implementation 
Act, Pub. L. 103-182, 107 Stat. 2057 (December 8, 1993) (``NAFTA 
Implementation Act''). In particular, these interim regulations 
implement title III of the NAFTA Implementation Act, which provides for 
special safeguard investigations and determinations with respect to 
Canadian and Mexican articles during the transition period for tariff 
elimination under the North American Free Trade Agreement (``NAFTA''), 
provide for certain findings with respect to Canadian and Mexican 
articles in the course of an investigation under section 202 of the 
Trade Act of 1974 (19 U.S.C. 2252), make certain conforming changes to 
section 202 of the Trade Act of 1974 with respect to treatment of 
confidential business information, and direct the Commission to ``adopt 
such procedures and rules and regulations as are necessary to bring its 
procedures into conformity with chapter 8 of the Agreement.'' These 
interim regulations also implement title IV of the NAFTA Implementation 
Act, which provides for issuance of administrative protective orders 
for information required to be released in review by a binational panel 
of United States antidumping and countervailing duty final 
determinations involving products from Canada or Mexico.

DATES: These amended interim rules take effect as of January 1, 1994, 
the date on which the NAFTA became effective. Written comments must be 
received not later than April 4, 1994.

ADDRESSES: A signed original and 14 copies of each set of comments, 
along with a cover letter addressed to Donna R. Koehnke, Secretary, 
should be sent to the U.S. International Trade Commission, 500 E Street 
SW., room 112, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: Concerning part 206: William Gearhart 
(202-205-3091); Concerning subpart G of part 207: Kathryn A. Gilchrist 
(202-205-3092) or Andrea C. Casson (202-205-3105), Office of the 
General Counsel, U.S. International Trade Commission. 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:

Background

A. Part 206

    Chapter 8 of the NAFTA sets out the procedures and remedies 
available to domestic industries that have sustained, or are threatened 
by, serious economic injury due to increased imports. Chapter 8 covers 
two different situations--actions that can be taken against increased 
imports from a single NAFTA country due to injury caused by the phase-
out of tariffs under the NAFTA (``bilateral'' actions) and those that 
can be taken against imports from all sources (``global'' actions). In 
general, such bilateral actions may be taken during specified 
``transition periods'' during which duties on NAFTA-origin goods are 
being phased out. When taking global actions, NAFTA countries are 
called upon to exclude goods originating in other NAFTA countries from 
the action when they are not a significant cause of the problem. 
However, NAFTA imports initially excluded may be subsequently included 
if a surge in such imports is found to undermine the effectiveness of 
the relief action. In several respects, the chapter tracks the 
emergency action provisions in Chapter 11 of the United States-Canada 
Free Trade Agreement (``CFTA'') for both bilateral and global actions, 
while adding Mexico to, and making certain changes in, the CFTA rules.
    Chapter 8 of the NAFTA goes beyond Chapter 11 of the CFTA in 
several respects. The chapter establishes procedural rules similar to 
those in current U.S. law and practice that each government will be 
required to follow in conducting investigations leading to bilateral 
and global safeguard actions against goods from other NAFTA countries. 
These rules require, among other things, the publication of notice of 
an investigation and its scope, the holding of a public hearing, 
protection of confidential information, and publication of findings and 
the basis for those findings.
    Title III of the NAFTA Implementation Act (1) provides for special 
safeguard investigations and determinations by the Commission with 
respect to Canadian and Mexican articles during the transition period 
of the Agreement; (2) provides for Commission findings in the context 
of a global action safeguard investigation under section 202 of the 
Trade Act of 1974 (19 U.S.C. 2252) to assist the President in 
determining whether imports from Canada or Mexico should be excluded 
from the relief action; and (3), if imports from Canada and/or Mexico 
are excluded from the action, provides for Commission investigations 
and findings with respect to whether there has been a surge in such 
excluded imports which undermines the effectiveness of the relief 
action. Title III also makes certain conforming changes to section 202 
of the Trade Act of 1974 (19 U.S.C. 2252) with respect to treatment of 
confidential business information. Section 317 of the NAFTA 
Implementation Act directs the Commission to ``adopt such procedures 
and rules and regulations as are necessary to bring its procedures into 
conformity with chapter 8 of the Agreement.''
    Since August 29, 1988, the Commission has had in effect interim 
rules governing the Commission's administrative responsibilities under 
sections 201-204 and 406 of the Trade Act of 1974, as amended (19 
U.S.C. 2251-2254, 2436). See 53 FR 33036, Aug. 29, 1988. The amendments 
to these rules provide procedures for Commission investigations and 
determinations with respect to imports from Canada or Mexico during the 
transition period of the Agreement; for Commission findings in the 
context of a global action safeguard investigation under sections 201-
202 of the Trade Act of 1974 to assist the President in determining 
whether imports from Canada or Mexico should be excluded from the 
relief action; and, if imports from Canada and/or Mexico are excluded 
from the action, for Commission investigations and findings with 
respect to whether there has been a surge in such excluded imports 
which undermines the effectiveness of the relief action. The amendments 
also set out Commission procedures regarding the protection of 
confidential business information, and make certain technical changes 
to bring the rules into conformity with chapter 8 of NAFTA. No changes 
except with respect to numbering were made to rules specifically 
relating to the Commission's administrative responsibilities under 
sections 204 and 406 of the Trade Act. These amended interim rules are 
intended to replace the existing rules as of January 1, 1994.

B. Subpart G of Part 207

    Chapter 19 of the NAFTA establishes a mechanism for resolving 
disputes between any two of the NAFTA countries with respect to 
antidumping and countervailing duty cases. The central feature of the 
mechanism is the replacement of domestic judicial review of 
determinations in antidumping and countervailing duty cases involving 
imports from another NAFTA country with review by binational panels. 
The NAFTA countries will continue to apply their own national 
antidumping and countervailing duty laws to goods imported from the 
other country. In such cases, binational panels, consisting of five 
panelists chosen by the countries involved in the dispute, will 
expeditiously review final determinations under these laws to decide 
whether they are consistent with the antidumping or countervailing duty 
law of the country that made the determination.
    The NAFTA also provides for review of a panel decision by an 
extraordinary challenge committee (``Committee'') when the government 
of one of the NAFTA countries alleges that a panelist materially 
violated the rules of conduct, or that the panel seriously departed 
from a fundamental procedural rule or exceeded its powers, authority or 
jurisdiction. The NAFTA requires that the NAFTA countries protect 
sensitive business information against unlawful disclosure in both the 
panel review and extraordinary challenge processes.
    Title IV of the NAFTA Implementation Act amends U.S. law to 
implement chapter 19 of the NAFTA by limiting judicial review in cases 
involving Canadian or Mexican merchandise, establishing procedures 
whereby private parties may appeal for binational panel review, 
providing organizational structure for administering U.S. 
responsibilities under chapter 19 and making other conforming 
amendments to U.S. law. More specifically, section 402(g) of the NAFTA 
Implementation Act authorizes the Commission to issue regulations to 
implement chapter 19 of the NAFTA, including extraordinary challenge 
committee proceedings.
    These regulations are intended to implement certain administrative 
procedures required by chapter 19 of the Agreement involving 
administrative responsibilities of the Commission that continue during 
and after panel review. The regulations address release of business 
proprietary and privileged information under administrative protective 
order during a panel review, and sanctions for violations of the 
provisions of such protective orders.
    Since January 1, 1989, the Commission has had in effect either 
interim or final rules governing the Commission's administrative 
responsibilities under the U.S.-Canada Free-Trade Implementation Act of 
1988, Pub. L. 100-449 (September 28, 1988) (``CFTA Implementation 
Act''). See 53 FR 53248, Dec. 30, 1988 (interim); 54 FR 36295, Sept. 1, 
1989 (interim); and 57 FR 34825, Aug. 6, 1992 (final). The amended 
interim rules issued herein, which govern the Commission's 
administrative responsibilities under the NAFTA Implementation Act, for 
the most part track the existing rules applicable under the CFTA 
Implementation Act. Unless otherwise noted, these rules are technical 
in nature, for example, replacing references to Canada with references 
to the NAFTA country or references to the CFTA Agreement with 
references to the NAFTA agreement. These amended interim rules are 
intended to replace the existing rules as of January 1, 1994.

C. Implementation of Interim Rules Under Part 206 and Subpart G of Part 
207

    Commission rules to implement new legislation ordinarily are 
promulgated in accordance with the rule making provisions of section 
553 of the Administrative Procedure Act (5 U.S.C. 551 et seq.), 
(``APA''), which entails the following steps: (1) Publication of a 
notice of proposed rule making; (2) solicitation of public comment 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, 1993, and became effective on January 1, 1994. 
Thus, it was not possible to complete the standard procedure prior to 
that date. The Commission thus determined to adopt interim rules that 
go into effect as of January 1, 1994 and will remain in effect until 
the Commission can adopt final rules promulgated in accordance with the 
usual notice, comment, and advance publication procedure.
    In addition to the requirement in the NAFTA Implementation Act that 
Commission rules be amended by the effective date of the legislation, 
the Commission's authority to adopt interim rules without following all 
steps listed in section 553 of the APA is derived from two sources: (1) 
Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) and (2) 
provisions of section 553 of the APA which allow an agency to dispense 
with various steps in the prescribed rule making procedures under 
certain circumstances. The Commission has determined that the statutory 
requirement to have rules in place by the effective date of the NAFTA 
constitutes appropriate circumstances to forego the steps listed in 
section 553 of the APA. Specifically, the Commission has determined 
that the requirement that amended rules take effect as of January 1, 
1994 makes the notice, comment and advance publication procedure 
impracticable in this instance and that the amended interim rules 
constitute agency rules of procedure and practice for which notice of 
proposed rule making is not required. Further, the Commission has 
determined that the requirement that amended rules be in place by the 
enactment date of the legislation constitutes good cause to publish 
interim rules without providing thirty days notice prior to their 
effective date.
    The Commission has also determined that these rules do not 
constitute major rules for the purposes of Executive Order 12291 (46 FR 
13193, Feb. 17, 1981), because they do not meet the criteria described 
in section 1(b) of the EO. Finally, the amendments, as interim rules, 
are not subject to the filing requirement of section 3(c)(3) of the EO.
    The Regulatory Flexibility Act does not apply to these rules 
because they do not affect a large number of small entities, and 
because the rules were not required by section 553 of the 
Administrative Procedure Act or by any other law to be promulgated as a 
proposed rule before issuance as a final rule.

Explanation of Proposed Amendments

Amendments to Part 206

    The title of part 206 is changed to refer to, among other things, 
``global and bilateral safeguard actions,'' reflecting the use of the 
term ``safeguards'' in the NAFTA Implementation Act and to distinguish 
between actions with respect to imports from all countries (proceedings 
under section 201 of the Trade Act of 1974) and actions with respect to 
imports from a NAFTA country (proceedings under section 302(b) of the 
NAFTA Implementation Act). The current title of this part refers to, 
among other things, ``investigations relating to import injury to 
industries.'' The current title, which historically has been used to 
refer to section 201-type proceedings, can be confusing to those not 
familiar with Commission trade law terminology and has been 
misconstrued as describing proceedings under other statutory provisions 
that the Commission administers.
    Section 206.1 is amended to state that part 206 applies to 
functions and duties of the Commission under sections 301-318 of the 
NAFTA Implementation Act and to state that subparts C and D of the 
rules apply to requests/petitions and investigations under sections 
312(c) and 302 of that Act, respectively. Former subparts C and D 
(relating to market disruption investigations under section 406 of the 
Trade Act of 1974 (19 U.S.C. 2436) and monitoring and advice under 
section 204 of the Trade Act of 1974 (19 U.S.C. 2254), respectively) 
are redesignated as subparts E and F.
    Section 206.2, which provides for the identification of petitions, 
is amended to include references to sections 312(c) and 302 of the 
NAFTA Implementation Act in the list of statutory provisions under 
which petitions under this part may be filed.
    Section 206.3 is divided into three subsections and amended to 
describe the information that the Commission is to include in a notice 
when it institutes an investigation, and to state that the Commission 
will promptly make the petition or request available for public 
inspection (with the exception of confidential business information). 
This latter amendment conforms the Commission rules to paragraphs 4 and 
5 of NAFTA Annex 803.3.
    Section 206.4 is amended to state that the Commission will also 
transmit copies of requests (relating to a surge in imports from a 
NAFTA country) to the USTR and certain other agencies.
    Section 206.5, concerning public hearings, is divided into three 
subsections and amended to distinguish between investigations under 
subpart B, in which the Commission is required to hold separate 
hearings on injury and remedy, and investigations under subparts C, D, 
and E, in which the Commission holds only one hearing on both issues, 
to the extent appropriate. Additional language states that interested 
parties and consumers, including any association representing the 
interests of consumer, may appear and may cross-question interested 
parties making presentations at a hearing; this latter amendment 
conforms the rule to section 7(b) of NAFTA Annex 803.3.
    Section 206.6, concerning the Commission's report to the President, 
simplifies the existing description and also states that the Commission 
will include, in the case of a report containing a determination under 
section 302(b) of the NAFTA Implementation Act, certain findings with 
respect to factors other than imports that may be a cause of serious 
injury or threat thereof.
    Section 206.7, states that the Commission, in the case of an 
investigation under subparts B, C, or D of this part, will not release 
information considered to be confidential business information unless 
the party submitting the information had notice, at the time of 
submission, that such information would be released by the Commission, 
or such party subsequently consents to the release of the information. 
This rule reflects an amendment made by section 317(b) of the NAFTA 
Implementation Act to section 202(a) of the Trade Act. Paragraph 8 of 
NAFTA Annex 803.3 requires that the investigating authority in a NAFTA 
country adopt or maintain procedures for the treatment of confidential 
information.
    Subpart B, which relates to investigations filed under section 201 
of the Trade Act, is retitled ``Investigations Relating to Global 
Safeguard Actions'', reflecting in part the change in the title of part 
206.
    In Sec. 206.12, the definition of perishable agricultural product 
is simplified to take into account the fact that certain monitoring is 
required by statute (section 316 of the NAFTA Implementation Act). 
Also, reference is made to citrus products to reflect the amendment 
made by section 315 of the NAFTA Implementation Act to section 202(d) 
of the Trade Act.
    Section 206.14, concerning the contents of petitions, is amended in 
several minor respects. The introductory paragraph is amended at the 
end to provide that the petition is to include certain information ``to 
the extent that such information is publicly available from 
governmental or other sources, or best estimates and the basis therefor 
if such information is not available''. This amendment conforms 
Sec. 206.14 with paragraph 3 of NAFTA Annex 803.3. A new paragraph (3) 
is added to subsection (e) to state that the petition is to contain 
data relating to changes in the level of prices, production, and 
productivity, also conforming Sec. 206.14 with paragraph 3(e) of NAFTA 
Annex 803.3 regarding the contents of petitions. Also, a new subsection 
(i) is added to state that petitions are to include data indicating the 
share of imports accounted for by imports from each NAFTA country, and 
petitioner's view concerning the extent to which such imports are 
contributing importantly to the serious injury or threat thereof. This 
conforms Sec. 206.14 with paragraph 3(g) of NAFTA Annex 803.3. Finally, 
a new subsection (j) is added to set out the dates by which any 
allegations of critical circumstances must be included within the 
petition.
    Subpart C is new, and the title states that it pertains to 
investigations relating to a surge in imports from a NAFTA country.
    Section 206.21 states that subpart C applies to investigations 
under section 312(c) of the NAFTA Implementation Act, which provides 
for Commission investigations and determinations when there has been a 
surge in imports of an article from Canada or Mexico that has been 
excluded from a U.S. global safeguard action with respect to such 
article.
    Section 206.22 defines the term ``surge'' to mean a significant 
increase in imports over the trend for a recent representative base 
period. This definition tracks the definition in section 312(c)(3) of 
the NAFTA Implementation Act and Article 805 of the NAFTA.
    Section 206.23 states that a request for an investigation under 
this Subpart may be filed by any entity that is representative of the 
industry for which the global action is being taken.
    Section 206.24 describes the information that a request for an 
investigation is to contain, including the identity of the requestor, 
the article and its tariff provision, the name of the country or 
countries from which the surge is coming, information with respect to 
representativeness, and data and information supporting the allegation 
that a surge in imports has occurred and that such surge undermines the 
effectiveness of the relief action.
    Section 206.25 states that the Commission will submit its findings 
to the President no later than 30 days after receiving the request for 
an investigation, as required by section 312(c)(2) of the NAFTA 
Implementation Act.
    Section 206.26 states that the Commission will make its report to 
the President available to the public (with the exception of 
confidential business information) and cause a summary thereof to be 
published in the Federal Register.
    Subpart D is new, and the title states that it pertains to 
investigations relating to bilateral safeguard actions.
    Section 206.31 states that subpart D applies to investigations 
under section 302(b) of the NAFTA Implementation Act.
    Section 206.32 defines the terms ``critical circumstances'' and 
``perishable agricultural product'' in the same manner as in 
Sec. 206.12 of the rules.
    Section 206.33 states who may file a petition. Subsection (a) 
states that a request for an investigation under this Subpart may be 
filed by any entity that is representative of a domestic industry 
producing an article like or directly competitive with a Canadian or 
Mexican article that is allegedly, as a result of the reduction or 
elimination of a duty provided for under the NAFTA, being imported in 
such increased quantities and under such conditions so that imports of 
the article alone constitute a substantial cause of serious injury or 
threat thereof to such industry. Subsection (b) states who may file a 
petition with respect to imports from Canada or Mexico of a perishable 
agricultural product. Subsection (c) makes reference to the fact that 
the President is authorized to take a bilateral action with respect to 
an article from Canada or Mexico during the appropriate period provided 
for in section 305(a) of the NAFTA Implementation Act, or thereafter 
but only if the Government of Canada or Mexico, as the case may be, 
consents to such provision (see section 305(b) of the NAFTA 
Implementation Act). The periods set out in section 305(a) are the 
transition periods for tariff elimination in the U.S. schedules in the 
CFTA and NAFTA.
    Section 206.34 describes the information that is to be included in 
a petition for an investigation. This section generally tracks 
Sec. 206.14 of these rules concerning contents of petitions, except 
that the introductory paragraph tracks the wording of the standard 
applicable in a bilateral safeguard investigation involving a NAFTA 
country, the import data section requires data concerning Canadian or 
Mexican imports as appropriate, and the statement called for in 
Sec. 206.14(i) concerning imports from NAFTA countries is not included.
    Section 206.35 implements the time requirements for Commission 
determinations and reports in section 303(a) and (c) of the NAFTA 
Implementation Act, and states that the Commission will make its injury 
determination within 120 days of the initiation of an investigation, 
and submit its report to the President no later than 30 days 
thereafter. Time requirements for determinations in investigations 
involving imports of perishable agricultural products or allegations of 
critical circumstances are also specified.
    Section 206.36 states that the Commission will make its report to 
the President available to the public (with the exception of 
confidential business information) and cause a summary thereof to be 
published in the Federal Register.
    Subparts E and F, relating to investigations for relief from market 
disruption, and monitoring and advice as to effect of extension, 
reduction, modification, or termination of relief, respectively, are 
unchanged from previous subparts C and D. However, the various rule 
sections have been renumbered to reflect the revised order in part 206.

Amendments to Subpart G to Part 207

    Section 207.90 currently indicates that subpart G implements 
Article 1904 of the CFTA Implementation Act. The amendment to this 
section expands the scope of subpart G to cover procedures and 
regulations for implementation of Article 1904 of the NAFTA.
    Section 207.91 provides definitions of terms used in subpart G. The 
definitions of ``Agreement'', ``Article 1904 Rules'' and ``FTA'' have 
been amended to reflect the change from the CFTA to the NAFTA. The 
amended definitions also reflect that, in the event that the United 
States or Canada withdraws from the NAFTA, the CFTA would still apply 
to the United States and Canada, and that these rules would apply to 
binational panel reviews between those two countries.
    A definition has been added for ``ECC Rules'', and references to 
these rules have been added to the definition of ``counsel'' and to the 
general provision incorporating definitions set forth in the Article 
1904 and ECC Rules. Definitions have been added for ``Free Trade Area 
Country,'' ``Mexican Secretary,'' and ``Relevant FTA Secretary,'' 
reflecting the provisions of the NAFTA and the implementing 
legislation. Specific cross-references to 1904 Panel and ECC Rules have 
been deleted from the definition of ``Notice of Appearance'' to avoid 
confusion that may result from subsequent renumbering of the 1904 Panel 
and ECC Rules. Finally, the definition of the term ``Persons'' has been 
changed to ``Person'' for reasons of clarity.
    Section 207.93 covers the protection of proprietary information 
during panel and committee proceedings. Subsections (b)(4), (b)(6), 
(c)(2)(ii)(E), (c)(3), and (c)(4)(v) have been amended to include 
references to the Mexican Government, government officials or Secretary 
where appropriate. Subsection (c)(4)(B) has been amended to reference 
the ECC Rules as well as the Article 1904 Rules. Specific cross-
references have been deleted, however, to avoid confusion that might 
result from subsequent renumbering of these rules. Subsections (c)(4), 
(c)(5), (f)(1) and (f)(2) have been amended to change the number of 
copies of documents filed with the Commission Secretary from six (or 
seven in the case of subsection (c)(5)(ii)(B)) to three. Subsection (d) 
has been corrected to indicate that only panel members in reviews 
conducted under the CFTA should send a countersigned copy of their 
administrative protective orders to the United States Secretary to 
notify the Secretary that he or she may transmit documents containing 
proprietary information. Annex 1901.2(7)(a) of the NAFTA requires that 
panelists sign an application for a protective order, but unlike Annex 
1901.2(7)(a) of the CFTA, does not require panelists to sign a copy of 
the protective order itself. Subsection (d)(2)(ii) has been amended to 
make explicit that the Secretary may deny an application for a 
protective order by informing the applicant of the reasons for such 
denial within fourteen days of the Secretary's receipt of an 
application therefor. Subsection (f)(5) has also been revised to 
indicate that the Commission Secretary is required to provide the 
United States Secretary with a copy of any amendment, modification, or 
revocation of a protective order issued during panel proceedings.
    Section 207.94 addresses the protection of privileged information 
during Panel and Committee proceedings. The text has been corrected to 
specifically reference Committees as well as Panels. The term 
``Secretary'' has been modified to ``Commission Secretary'' for clarity 
purposes.
    Section 207.100 covers sanctions for prohibited acts under these 
regulations. The Tariff Act, as amended by section 403(c) of the CFTA 
Implementation Act, authorized the Commission to impose sanctions 
against any person who is found by the Commission to have violated, or 
induced violation of, the terms of a protective order issued by the 
Commission for CFTA purposes. 19 U.S.C. 1677f(f)(4). Section 412(b)(8) 
of the NAFTA Implementation Act amends this provision to exclude from 
its coverage judges sitting on courts created under article III of the 
United States Constitution who are appointed to NAFTA binational panels 
or committees.
    The rules contained in Secs. 207.100-207.120 address the 
Commission's procedures for imposing sanctions under the statutory 
provision added by the CFTA Implementation Act. The same procedures 
will apply with respect to the imposition of sanctions for violations 
of the terms of protective orders issued by the Commission for NAFTA 
purposes. Subsection 207.100(a) has been amended, however, to reflect 
the statutory exclusion of federal judges from the persons who may be 
subject to sanctions under the Commission's regulations.
    Subsection 207.102(b) addresses Commission determinations on 
recommendations made by the Office of Unfair Import Investigations on 
the initiation of sanction proceedings. A reference to ``OUII'' in this 
subsection has been changed to the ``Office of Unfair Import 
Investigations'' because ``OUII'' is not a defined term in these rules.
    Subsection 207.102(d) currently addresses, among other matters, the 
situations in which it may be appropriate to request the authorized 
agency of Canada to initiate proceedings under Canadian law on the 
basis of an alleged violation of the protective order. By changing the 
references to ``Canada'' to ``another Free Trade Agreement country,'' 
this provision now will provide for the referral of an investigation to 
Mexico or to Canada, as may be appropriate in the circumstances. 
Section 207.120, which provides for public notice of sanctions has been 
amended to provide for notice to appropriate Mexican, as well as United 
States and Canadian, agencies.

List of Subjects in 19 CFR Parts 206 and 207

    Administrative practice and procedure, Antidumping, Canada, Mexico, 
Countervailing duty, Imports, Trade agreements.

    For the reasons set forth in the preamble, 19 CFR Parts 206 and 
207, subpart G are revised to read as set forth below.

Interim amended rules

    By order of the Commission.
Donna R. Koehnke
Secretary
    Issued: January 26, 1994.

    1. Part 206 is revised to read as follows:

PART 206--INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD 
ACTIONS, MARKET DISRUPTION, AND REVIEW OF RELIEF ACTIONS

Sec.
206.1  Applicability of part.

Subpart A--General

206.2  Identification of type of petition or request.
206.3  Institution of investigations; publication of notice; 
availability of petition for public inspection.
206.4  Notification of other agencies.
206.5  Public hearing.
206.6  Report to the President.
206.7  Confidential business information.

Subpart B--Investigations Relating to Global Safeguard Actions

206.11  Applicability of subpart.
206.12  Definitions applicable to sub part B.
206.13  Who may file a petition.
206.14  Contents of petition.
206.15  Industry adjustment plan and commitments.
206.16  Time for determinations, reporting.
206.17  Public report.

Subpart C--Investigations Relating to a Surge in Imports From a NAFTA 
Country

206.21  Applicability of subpart.
206.22  Definition applicable to subpart C.
206.23  Who may file a request.
206.24  Contents of request.
206.25  Time for reporting.
206.26  Public report.

Subpart D--Investigations Relating to Bilateral Safeguard Actions

206.31  Applicability of subpart.
206.32  Definitions applicable to subpart D.
206.33  Who may file a petition.
206.34  Contents of petition.
206.35  Time for determinations, reporting.
206.36  Public report.

Subpart E--Investigations for Relief From Market Disruption

206.41  Applicability of Subpart.
206.42  Who may file a petition.
206.43  Contents of petition.
206.44  Time for reporting.
206.45  Public report.

Subpart F--Monitoring; Advice as to Effect of Extension, Reduction, 
Modification, or Termination of Relief Action

206.51  Applicability of Subpart.
206.52  Monitoring.
206.53  Investigations to advise the President as to the probable 
economic effect of extension, reduction, modification, or 
termination of action.
206.54  Investigations to evaluate the effectiveness of relief.

    Authority: Secs. 201-202 of the Trade Act of 1974 (19 U.S.C. 
2251-2252): Secs. 302-317 of the North American Free Trade Agreement 
Implementation Act (107 Stat. 2057, Pub. L. 103-182, Dec. 8, 1993).


Sec. 206.1 Applicability of part.

    This part 206 applies specifically to functions and duties of the 
Commission under sections 201-202, 204, and 406 of the Trade Act of 
1974, as amended (19 U.S.C. 2251, 2252, 2254, 2436) (hereinafter Trade 
Act), and sections 301-318 of the North American Free Trade Agreement 
Implementation Act (19 U.S.C. 3351 et seq.) (hereinafter NAFTA 
Implementation Act). Subpart A of this part sets forth rules generally 
applicable to investigations conducted under these provisions; for 
other rules of general application, see part 201 of this chapter. 
Subpart B of this part sets forth rules specifically applicable to 
petitions and investigations under section 202 of the Trade Act; 
subpart C sets forth rules specifically applicable to requests and 
investigations under section 312(c) of the NAFTA Implementation Act; 
subpart D sets forth rules specifically applicable to petitions and 
investigations under section 302 of the NAFTA Implementation Act; and 
subpart E sets forth rules specifically applicable to petitions and 
investigations under section 406 of the Trade Act. Subpart F of this 
part sets forth rules applicable to functions and duties under section 
204 of the Trade Act.

Subpart A--General


Sec. 206.2  Identification of type of petition or request.

    Each petition or request, as the case may be, under this part 206 
shall state clearly on the first page thereof ``This is a [petition or 
request] under section [202 or 406 of the Trade Act of 1974, or section 
302 or 312(c) of the North American Free Trade Agreement Implementation 
Act] and subpart [B, C, D, and/or E] of part 206 of the rules of 
practice and procedure of the United States International Trade 
Commission''.


Sec. 206.3  Institution of investigations; publication of notice; 
availability of petition for public inspection.

    (a) Promptly after the receipt of a petition or request under this 
part 206, properly filed, the Commission will institute an appropriate 
investigation and will cause a notice thereof to be published in the 
Federal Register.
    (b) The notice will identify the petitioner or other requestor, the 
imported article that is the subject of the investigation and its 
tariff subheading, the nature and timing of the determination to be 
made, the time and place of any public hearing, dates of deadlines for 
filing briefs, statements, and other documents, the place at which the 
petition or request and any other documents filed in the course of the 
investigation may be inspected, and the name, address, and telephone 
number of the office that may be contacted for more information.
    (c) The Commission will promptly make such petition or request 
available for public inspection (with the exception of confidential 
business information).


Sec. 206.4  Notification of other agencies.

    The Commission will promptly transmit copies of petitions or 
requests filed and notification of investigations instituted to the 
Office of the United States Trade Representative (hereinafter USTR), 
the Secretary of Commerce, the Secretary of Labor, and other Federal 
agencies directly concerned.


Sec. 206.5  Public hearings.

    (a) Investigations under subpart B. A public hearing on the 
question of injury and a second public hearing on remedy (if necessary) 
will be held in connection with each investigation instituted under 
subpart B of this part after reasonable notice thereof has been caused 
to be published in the Federal Register. A hearing on remedy will not 
be held if the Commission has made a negative determination on the 
question of injury.
    (b) Investigations under subparts C, D, and E. A public hearing on 
the subject of injury and remedy will be held in connection with each 
investigation instituted under subparts C, D, and E of this part after 
reasonable notice thereof has been caused to be published in the 
Federal Register.
    (c) Opportunity to appear and to cross-question. All interested 
parties and consumers, including any association representing the 
interests of consumers, will be afforded an opportunity to be present, 
to present evidence, to comment on the adjustment plan, if any, 
submitted in the case of an investigation under section 202(b), and to 
be heard at such hearings. All interested parties and consumers, 
including any association representing the interests of consumers, will 
be afforded an opportunity to cross-question interested parties making 
presentations at the hearing.


Sec. 206.6  Report to the President.

    The Commission will include in its report to the President the 
following:
    (a) The determination made and an explanation of the basis for the 
determination;
    (b) If the determination is affirmative, the recommendations for 
action and an explanation of the basis for each recommendation;
    (c) Any dissenting or separate views by members of the Commission 
regarding the determination and any recommendations;
    (d) In the case of a determination made under section 202(b) of the 
Trade Act:
    (1) The findings with respect to the results of an examination of 
the factors other than imports which may be a cause of serious injury 
or threat thereof to the domestic industry;
    (2) A copy of the adjustment plan, if any, submitted by the 
petitioner;
    (3) Commitments submitted and information obtained by the 
Commission regarding steps that firms and workers in the domestic 
industry are taking, or plan to take, to facilitate positive adjustment 
to import competition;
    (4) A description of the short- and long-term effects that 
implementation of the action recommended is likely to have on the 
petitioning domestic industry, other domestic industries, and 
consumers; and
    (5) A description of the short- and long-term effects of not taking 
the recommended action on the petitioning domestic industry, its 
workers and communities where production facilities of such industry 
are located, and other domestic industries.
    (e) In the case of a determination made under section 302(b) of the 
NAFTA Implementation Act, the findings with respect to the results of 
an examination of the factors other than imports which may be a cause 
of serious injury or threat thereof to the domestic industry.


Sec. 206.7  Confidential business information.

    In the case of an investigation under subpart B, C, or D of this 
part, the Commission will not release information which the Commission 
considers to be confidential business information within the meaning of 
Sec. 201.6 of these rules of practice and procedure unless the party 
submitting the confidential business information had notice, at the 
time of submission, that such information would be released by the 
Commission, or such party subsequently consents to the release of the 
information.

Subpart B--Investigations Relating to Global Safeguard Actions


Sec. 206.11  Applicability of subpart.

    This subpart B applies specifically to investigations under section 
202(b) of the Trade Act. For other applicable rules, see subpart A of 
this part and part 201 of this chapter.


Sec. 206.12  Definitions applicable to sub- part B.

    For the purposes of this subpart, the following terms have the 
meanings hereby assigned to them:
    (a) Adjustment plan means a plan to facilitate positive adjustment 
to import competition submitted by a petitioner to the Commission and 
USTR either with the petition or at any time within 120 days after the 
date of filing of the petition.
    (b) Commitment means commitments that a firm in the domestic 
industry, a certified or recognized union or group of workers in the 
domestic industry, a local community, a trade association representing 
the domestic industry, or any other person or group of persons submits 
to the Commission regarding actions such persons and entities intend to 
take to facilitate positive adjustment to import competition;
    (c) Critical circumstances mean such circumstances as are described 
in section 202(b)(3)(B) of the Trade Act;
    (d) Perishable agricultural product means any agricultural article 
or citrus product, including livestock, which is the subject of 
monitoring pursuant to section 202(d) of the Trade Act.


Sec. 206.13  Who may file a petition.

    (a) In general. A petition under this subpart B may be filed by an 
entity, including a trade association, firm, certified or recognized 
union, or group of workers, that is representative of a domestic 
industry producing an article like or directly competitive with a 
foreign article that is allegedly being imported into the United States 
in such increased quantities as to be a substantial cause of serious 
injury, or the threat thereof, to such domestic industry.
    (b) Reinvestigation within 1 year. Except for good cause determined 
by the Commission to exist, no investigation for the purposes of 
section 202 of the Trade Act shall be made with respect to the same 
subject matter as a previous investigation under this section unless 1 
year has elapsed since the Commission made its report to the President 
of the results of such previous investigation.
    (c) Perishable agricultural product. An entity of the type 
described in paragraph (a) of this section that represents a domestic 
industry producing a perishable agricultural product may petition for 
provisional relief with respect to such product only if such product 
has been subject to monitoring by the Commission for not less than 90 
days as of the date the allegation of injury is included in the 
petition.


Sec. 206.14  Contents of petition.

    A petition under this subpart B shall include specific information 
in support of the claim that an article is being imported into the 
United States in such increased quantities as to be a substantial cause 
of serious injury, or the threat thereof, to the domestic industry 
producing an article like or directly competitive with the imported 
article. Such petition shall state whether provisional relief is sought 
because the imported article is a perishable agricultural product. In 
addition, such petition shall include the following information, to the 
extent that such information is publicly available from governmental or 
other sources, or best estimates and the basis therefor if such 
information is not available:
    (a) Product description. The name and description of the imported 
article concerned, specifying the United States tariff provision under 
which such article is classified and the current tariff treatment 
thereof, and the name and description of the like or directly 
competitive domestic article concerned;
    (b) Representativeness. (1) The names and addresses of the firms 
represented in the petition and/or the firms employing or previously 
employing the workers represented in the petition and the locations of 
their establishments in which the domestic article is produced; (2) the 
percentage of domestic production of the like or directly competitive 
domestic article that such represented firms and/or workers account for 
and the basis for claiming that such firms and/or workers are 
representative of an industry; and (3) the names and locations of all 
other producers of the domestic article known to the petitioner;
    (c) Import data. Import data for at least each of the most recent 5 
full years which form the basis of the claim that the article concerned 
is being imported in increased quantities, either actual or relative to 
domestic production;
    (d) Domestic production data. Data on total U.S. production of the 
domestic article for each full year for which data are provided 
pursuant to paragraph (c) of this section;
    (e) Data showing injury. Quantitative data indicating the nature 
and extent of injury to the domestic industry concerned:
    (1) With respect to serious injury, data indicating:
    (i) A significant idling of production facilities in the industry, 
including data indicating plant closings or the underutilization of 
production capacity;
    (ii) The inability of a significant number of firms to carry out 
domestic production operations at a reasonable level of profit; and
    (iii) Significant unemployment or underemployment within the 
industry; and/or
    (2) With respect to the threat of serious injury, data relating to:
    (i) A decline in sales or market share, a higher and growing 
inventory (whether maintained by domestic producers, importers, 
wholesalers, or retailers), and a downward trend in production, 
profits, wages, or employment (or increasing underemployment);
    (ii) The extent to which firms in the industry are unable to 
generate adequate capital to finance the modernization of their 
domestic plants and equipment, or are unable to maintain existing 
levels of expenditures for research and development;
    (iii) The extent to which the U.S. market is the focal point for 
the diversion of exports of the article concerned by reason of 
restraints on exports of such article to, or on imports of such article 
into, third country markets; and
    (3) Changes in the level of prices, production, and productivity.
    (f) Cause of injury. An enumeration and description of the causes 
believed to be resulting in the injury, or threat thereof, described 
under paragraph (e) of this section, and a statement regarding the 
extent to which increased imports, either actual or relative to 
domestic production, of the imported article are believed to be such a 
cause, supported by pertinent data;
    (g) Relief sought and purpose thereof. A statement describing the 
import relief sought, including the type, amount, and duration, and the 
specific purposes therefor, which may include facilitating the orderly 
transfer of resources to more productive pursuits, enhancing 
competitiveness, or other means of adjustment to new conditions of 
competition;
    (h) Efforts to compete. A statement on the efforts being taken, or 
planned to be taken, or both, by firms and workers in the industry to 
make a positive adjustment to import competition.
    (i) Imports from NAFTA countries. Quantitative data indicating the 
share of imports accounted for by imports from each NAFTA country 
(Canada and Mexico), and petitioner's view on the extent to which 
imports from such NAFTA country or countries are contributing 
importantly to the serious injury, or threat thereof, caused by total 
imports of such article.
    (j) Critical circumstances. An allegation that critical 
circumstances exist must be included in the petition or made on or 
before the 90th day after the date on which the petition is filed if 
the Commission is to make a determination with regard to such 
allegation on or before the 120th day after the day on which the 
petition is filed; or included in the petition after the 90th day and 
on or before the 150th day after such filing if the Commission is to 
make a determination with regard to such allegation on or before the 
date the Commission's report is submitted to the President.


Sec. 206.15  Industry adjustment plan and commitments.

    (a) Adjustment plan. A petitioner may submit to the Commission, 
either with the petition or at any time within 120 days after the date 
of filing of the petition, a plan to facilitate positive adjustment to 
import competition.
    (b) Commitments. If the Commission makes an affirmative injury 
determination, any firm in the domestic industry, certified or 
recognized union or group of workers in the domestic industry, local 
community, trade association representing the domestic industry, or any 
other person or group of persons may, individually, submit to the 
Commission commitments regarding actions such persons and entities 
intend to take to facilitate positive adjustment to import competition.


Sec. 206.16  Time for determinations, reporting.

    (a) In general. The Commission will make its determination with 
respect to injury within 120 days after the date on which the petition 
is filed, the request or resolution is received, or the motion is 
adopted, as the case may be, except that if the Commission determines 
before the 100th day that the investigation is extraordinarily 
complicated, the Commission will make its determination within 150 
days. The Commission will make its report to the President at the 
earliest practicable time, but not later than 180 days after the date 
on which the petition is filed, the request or resolution is received, 
or the motion is adopted, as the case may be.
    (b) Perishable agricultural product. In the case of a request in a 
petition for provisional relief with respect to a perishable 
agricultural product that has been the subject of monitoring by the 
Commission, the Commission will report its determination and any 
finding to the President not later than 21 days after the date on which 
the request for provisional relief is received.
    (c) Critical circumstances. If petitioner alleges the existence of 
critical circumstances in the petition or on or before the 90th day 
after the day on which the petition was filed, the Commission will 
report its determination regarding such allegation and any finding on 
or before the 120th day after such filing date. In the event petitioner 
alleges such circumstances after the 90th day and on or before the 
150th day after such filing date, the Commission will report its 
determination regarding such allegation and any finding on or before 
the date its report is submitted to the President.


Sec. 206.17  Public report.

    Upon making a report to the President of the results of an 
investigation to which the subpart B relates, the Commission will make 
such report public (with the exception of information which the 
Commission determines to be confidential) and cause a summary thereof 
to be published in the Federal Register.

Subpart C--Investigations Relating to a Surge in Imports From a 
NAFTA Country


Sec. 206.21  Applicability of subpart.

    This subpart C applies specifically to investigations under section 
312(c) of the NAFTA Implementation Act. For other applicable rules, see 
subpart A of this part and part 201 of this chapter.


Sec. 206.22  Definition applicable to subpart C.

    For the purposes of this subpart, the term surge means a 
significant increase in imports over the trend for a recent 
representative base period.


Sec. 206.23  Who may file a request.

    If the President, under section 312(b) of the NAFTA Implementation 
Act, has excluded imports from a NAFTA country or countries from an 
action under chapter 1 of title II of the Trade Act of 1974, any entity 
that is representative of an industry for which such action is being 
taken may request the Commission to conduct an investigation to 
determine whether a surge in such imports undermines the effectiveness 
of the action.


Sec. 206.24  Contents of request.

    The request for an investigation shall include the following 
information:
    (a) The identity of the entity submitting the request; a 
description of the relief action the effectiveness of which is 
allegedly being undermined; and a description of the imported article, 
identifying the United States tariff provision under which it is 
classified, and the name of the country or countries from which the 
surge in imports is alleged to be coming;
    (b) The information required in Sec. 206.14(b) of this subpart 
concerning representativeness of the entity filing the request;
    (c) Data concerning imports from the NAFTA country or countries 
that form the basis of requestor's claim that a surge in imports has 
occurred;
    (d) Information supporting the claim that such surge in imports 
undermines the effectiveness of the relief action.


Sec. 206.25  Time for reporting.

    The Commission will submit the findings of its investigation to the 
President no later than 30 days after the request is received.


Sec. 206.26  Public report.

    Upon making a report to the President of the results of an 
investigation to which this subpart C relates, the Commission will make 
such report public (with the exception of any confidential business 
information) and cause a summary thereof to be published in the Federal 
Register.

Subpart D--Investigations Relating to Bilateral Safeguard Actions


Sec. 206.31  Applicability of subpart.

    This subpart D applies specifically to investigations under section 
302(b) of the NAFTA Implementation Act. For other applicable rules, see 
subpart A of this part and part 201 of this chapter.


Sec. 206.32  Definitions applicable to subpart D.

    For the purposes of this subpart, the following terms have the 
meanings hereby assigned to them:
    (a) Critical circumstances mean such circumstances as are described 
in section 202(b)(3)(B) of the Trade Act;
    (b) Perishable agricultural product means any agricultural article 
or citrus product, including livestock, which is the subject of 
monitoring pursuant to section 202(d) of the Trade Act.


Sec. 206.33  Who may file a petition.

    (a) In general. A petition under this subpart D may be filed by an 
entity, including a trade association, firm, certified or recognized 
union, or group of workers, that is representative of a domestic 
industry producing an article that is like or directly competitive with 
a Canadian or Mexican article that is allegedly, as a result of the 
reduction or elimination of a duty provided for under the North 
American Free Trade Agreement, being imported into the United States in 
such increased quantities (in absolute terms) and under such conditions 
so that imports of the article alone constitute a substantial cause of 
serious injury, or (except in the case of a Canadian article) a threat 
of serious injury, to such domestic industry.
    (b) Perishable agricultural product. An entity of the type 
described in paragraph (a) of this section that represents a domestic 
industry producing a perishable agricultural product may petition for 
provisional relief with respect to imports of such product from Canada 
or Mexico only if such product has been subject to monitoring by the 
Commission for not less than 90 days as of the date the allegation of 
injury is included in the petition.
    (c) The President is authorized to provide import relief with 
respect to an article from Canada or Mexico during the period provided 
for in section 305(a) of the NAFTA Implementation Act; the President 
may provide relief after the expiration of this period, but only if the 
Government of Canada or Mexico, as the case may be, consents to such 
provision (see section 305(b) of the NAFTA Implementation Act).


Sec. 206.34  Contents of petition.

    A petition under this subpart D shall include specific information 
in support of the claim that, as a result of the reduction or 
elimination of a duty provided for under the North American Free Trade 
Agreement, a Canadian or Mexican article, as the case may be, is being 
imported into the United States in such increased quantities (in 
absolute terms) and under such conditions so that imports of the 
article, alone, constitute a substantial cause of serious injury, or 
(except in the case of a Canadian article) a threat of serious injury, 
to the domestic industry producing an article that is like or directly 
competitive with the imported article. Such petition shall state 
whether provisional relief is sought because the imported article is a 
perishable agricultural product. In addition, such petition shall 
include the following information, to the extent that such information 
is publicly available from governmental or other sources, or best 
estimates and the basis therefor if such information is not available:
    (a) Product description. The name and description of the imported 
article concerned, specifying the United States tariff provision under 
which such article is classified and the current tariff treatment 
thereof, and the name and description of the like or directly 
competitive domestic article concerned;
    (b) Representativeness. (1) The names and addresses of the firms 
represented in the petition and/or the firms employing or previously 
employing the workers represented in the petition and the locations of 
their establishments in which the domestic article is produced; (2) the 
percentage of domestic production of the like or directly competitive 
domestic article that such represented firms and/or workers account for 
and the basis for claiming that such firms and/or workers are 
representative of an industry; and (3) the names and locations of all 
other producers of the domestic article known to the petitioner;
    (c) Import data. Import data for at least each of the most recent 5 
full years that form the basis of the claim that the Canadian or 
Mexican article concerned is being imported in increased quantities in 
absolute terms;
    (d) Domestic production data. Data on total U.S. production of the 
domestic article for each full year for which data are provided 
pursuant to paragraph (c) of this section;
    (e) Data showing injury. Quantitative data indicating the nature 
and extent of injury to the domestic industry concerned:
    (1) With respect to serious injury, data indicating:
    (i) A significant idling of production facilities in the industry, 
including data indicating plant closings or the underutilization of 
production capacity;
    (ii) The inability of a significant number of firms to carry out 
domestic production operations at a reasonable level of profit; and
    (iii) Significant unemployment or underemployment within the 
industry; and/or
    (2) With respect to the threat of serious injury, data relating to:
    (i) A decline in sales or market share, a higher and growing 
inventory (whether maintained by domestic producers, importers, 
wholesalers, or retailers), and a downward trend in production, 
profits, wages, or employment (or increasing underemployment);
    (ii) The extent to which firms in the industry are unable to 
generate adequate capital to finance the modernization of their 
domestic plants and equipment, or are unable to maintain existing 
levels of expenditures for research and development;
    (iii) The extent to which the U.S. market is the focal point for 
the diversion of exports of the article concerned by reason of 
restraints on exports of such article to, or on imports of such article 
into, third country markets; and
    (3) Changes in the level of prices, production, and productivity.
    (f) Cause of injury. An enumeration and description of the causes 
believed to be resulting in the injury, or threat thereof, described 
under paragraph (e) of this section, and a statement regarding the 
extent to which increased imports of the Canadian or Mexican article 
are believed to be such a cause, supported by pertinent data;
    (g) Relief sought and purpose thereof. A statement describing the 
import relief sought, including the type, amount, and duration, and the 
specific purposes therefor, which may include facilitating the orderly 
transfer of resources to more productive pursuits, enhancing 
competitiveness, or other means of adjustment to new conditions of 
competition;
    (h) Efforts to compete. A statement on the efforts being taken, or 
planned to be taken, or both, by firms and workers in the industry to 
make a positive adjustment to import competition.
    (i) Critical circumstances. An allegation that critical 
circumstances exist must be included in the petition or made on or 
before the 90th day after the date on which the investigation is 
initiated.


Sec. 206.35  Time for determinations, reporting.

    (a) In general. The Commission will make its determination with 
respect to injury within 120 days after the date on which the 
investigation is initiated. The Commission will make its report to the 
President no later than 30 days after the date on which its 
determination is made.
    (b) Perishable agricultural product. In the case of a request in a 
petition for provisional relief with respect to a perishable 
agricultural product that has been the subject of monitoring by the 
Commission, the Commission will report its determination and any 
finding to the President not later than 21 days after the date on which 
the request for provisional relief is received.
    (c) Critical circumstances. If petitioner alleges the existence of 
critical circumstances in the petition or on or before the 90th day 
after the day on which the investigation is initiated, the Commission 
will report its determination regarding such allegation and any finding 
on or before the 120th day after such initiation date.


Sec. 206.36  Public report.

    Upon making a report to the President of the results of an 
investigation to which this subpart D relates, the Commission will make 
such report public (with the exception of information which the 
Commission determines to be confidential) and cause a summary thereof 
to be published in the Federal Register.

Subpart E--Investigations for Relief From Market Disruption


Sec. 206.41  Applicability of subpart.

    This subpart E applies specifically to investigations under section 
406(a) of the Trade Act. For other applicable rules, see subpart A of 
this part and part 201 of this chapter.


Sec. 206.42  Who may file a petition.

    A petition under this subpart E may be filed by an entity, 
including a trade association, firm, certified or recognized union, or 
group of workers, that is representative of a domestic industry 
producing an article with respect to which there are imports of a like 
or directly competitive article which is the product of a Communist 
country, which imports, allegedly, are increasing rapidly, either 
absolutely or relative to domestic production, so as to be a 
significant cause of a material injury, or the threat thereof, to such 
domestic industry.


Sec. 206.43  Contents of petition.

    A petition under this subpart E shall include specific information 
in support of the claim that imports of an article that are the product 
of a Communist country which are like or directly competitive with an 
article produced by a domestic industry, are increasing rapidly, either 
absolutely or relative to domestic production, so as to be a 
significant cause of material injury, or the threat thereof, to such 
domestic industry. In addition, such petition shall, to the extent 
practicable, include the following information:
    (a) Product description. The name and description of the imported 
article concerned, specifying the United States tariff provision under 
which such article is classified and the current tariff treatment 
thereof, and the name and description of the like or directly 
competitive domestic article concerned;
    (b) Representativeness. (1) The names and addresses of the firms 
represented in the petition and/or the firms employing or previously 
employing the workers represented in the petition and the locations of 
their establishments in which the domestic article is produced; (2) the 
percentage of domestic production of the like or directly competitive 
domestic article that such represented firms and/or workers account for 
and the basis for asserting that petitioner is representative of an 
industry; and (3) the names and locations of all other producers of the 
domestic article known to the petitioner;
    (c) Import data. Import data for at least each of the most recent 5 
full years which form the basis of the claim that imports from a 
Communist country of an article like or directly competitive with the 
article produced by the domestic industry concerned are increasing 
rapidly, either absolutely or relative to domestic production;
    (d) Domestic production data. Data on total U.S. production of the 
domestic article for each full year for which data are provided 
pursuant to paragraph (c) of this section;
    (e) Data showing injury. Quantitative data indicating the nature 
and extent of injury to the domestic industry concerned:
    (1) With respect to material injury, data indicating:
    (i) An idling of production facilities in the industry, including 
data indicating plant closings or the underutilization of production 
capacity;
    (ii) The inability of a number of firms to carry out domestic 
production operations at a reasonable level of profit; and
    (iii) Unemployment or underemployment within the industry; and/or
    (2) With respect to the threat of material injury, data relating 
to:
    (i) A decline in sales or market share, a higher and growing 
inventory (whether maintained by domestic producers, importers, 
wholesalers, or retailers), and a downward trend in production, 
profits, wages, or employment (or increasing underemployment);
    (ii) The extent to which firms in the industry are unable to 
generate adequate capital to finance the modernization of their 
domestic plants and equipment, or are unable to maintain existing 
levels of expenditures for research and development; and
    (iii) The extent to which the U.S. market is the focal point for 
the diversion of exports of the article concerned by reason of 
restraints on exports of such article to, or on imports of such article 
into, third country markets;
    (f) Cause of injury. An enumeration and description of the causes 
believed to be resulting in the material injury, or threat thereof, 
described in paragraph (e) of this section; information relating to the 
effect of imports of the subject merchandise on prices in the United 
States for like or directly competitive articles; evidence of 
disruptive pricing practices, or other efforts to unfairly manage trade 
patterns; and a statement regarding the extent to which increased 
imports, either actual or relative to domestic production, of the 
imported article are believed to be such a cause, supported by 
pertinent data;
    (g) Relief sought and purpose thereof. A statement describing the 
import relief sought.


Sec. 206.44  Time for reporting.

    The Commission will make its report to the President at the 
earliest practical time, but not later than 3 months after the date on 
which the petition is filed, the request or resolution is received, or 
the motion is adopted, as the case may be.


Sec. 206.45  Public report.

    Upon making a report to the President of the results of an 
investigation to which this subpart E relates, the Commission will make 
such report public (with the exception of information which the 
Commission determines to be confidential) and cause a summary thereof 
to be published in the Federal Register.

Subpart F--Monitoring; Advice as to Effect of Extension, Reduction, 
Modification, or Termination of Relief Action


Sec. 206.51  Applicability of subpart.

    This subpart F applies specifically to investigations under section 
204 of the Trade Act. For other applicable rules, see subpart A of this 
part and part 201 of this chapter.


Sec. 206.52  Monitoring.

    (a) In general. As long as any import relief imposed by the 
President pursuant to section 203 of the Trade Act remains in effect, 
the Commission will monitor developments with respect to the domestic 
industry, including the progress and specific efforts made by workers 
and firms in the industry to make a positive adjustment to import 
competition.
    (b) Biannual reports. The Commission will submit a report on the 
results of the monitoring to the President and the Congress not later 
than (1) the 2nd anniversary of the day on which the action under 
section 203 of the Trade Act first took effect, and (2) the last day of 
each 2-year period occurring after such first report. In the course of 
preparing each such report, the Commission will hold a hearing at which 
interested persons will be given a reasonable opportunity to be 
present, to produce evidence, and to be heard.


Sec. 206.53  Investigations to advise the President as to the probable 
economic effect of extension, reduction, modification, or termination 
of action.

    Upon the request of the President, the Commission will conduct an 
investigation for the purpose of gathering information in order that it 
might advise the President of its judgment as to the probable economic 
effect on the industry concerned of any extension, reduction, 
modification, or termination of the action taken under section 203 
which is under consideration.


Sec. 206.54  Investigations to evaluate the effectiveness of relief.

    (a) Investigation. After any action taken under section 203 has 
terminated, the Commission will conduct an investigation for the 
purpose of evaluating the effectiveness of the relief action in 
facilitating positive adjustment by the domestic industry to import 
competition, consistent with the reasons set out by the President in 
the report submitted to the Congress under section 203(b).
    (b) Hearing. In the course of such investigation, the Commission 
will hold a hearing at which interested persons will be given an 
opportunity to be present, to produce evidence, and to be heard.
    (c) Time for reporting. The Commission will submit its report to 
the President and to the Congress by no later than the 180th day after 
the day on which the action terminated.
    2. Part 207, Subpart G, is revised to read as follows:

Subpart G--Implementing Regulations for the North American Free Trade 
Agreement

Sec.
207.90  Scope.
207.91  Definitions.
207.92  Procedures for commencing review of final determinations.
207.93  Protection of proprietary information during panel and 
committee proceedings.
207.94  Protection of privileged information during panel and 
committee proceedings.

Procedures for Imposing Sanctions for Violation of Provisions of a 
Protective Order Issued During Panel and Committee Proceedings

207.100  Sanctions.
207.101  Reporting of prohibited act and commencement of 
investigation.
207.102  Initiation of proceedings.
207.103  Charging letter.
207.104  Response to charging letter.
207.105  Confidentiality.
207.106  Interim measures.
207.107  Motions.
207.108  Preliminary conference.
207.109  Discovery.
207.110  Subpoenas.
207.111  Prehearing conference.
207.112  Hearings.
207.113  The record.
207.114  Initial determination.
207.115  Petition for review.
207.116  Commission review on its own motion.
207.117  Review by Commission.
207.118  Role of the General Counsel in advising the Commission.
207.119  Reconsideration.
207.120  Public notice of sanctions.

    Authority: Sec. 777(d) of the Tariff Act of 1930 (19 U.S.C. 
1677f (d); secs. 402(g), 405 of the North American Free Trade 
Agreement Implementation Act (107 Stat. 2057, Pub. L. 103-182, Dec. 
8, 1993).

Subpart G--Implementing Regulations for the North American Free 
Trade Agreement


Sec. 207.90  Scope.

    This subpart sets forth the procedures and regulations for 
implementation of Article 1904 of the North American Free Trade 
Agreement under the Tariff Act of 1930, as amended by title IV of the 
North American Free Trade Agreement Implementation Act (19 U.S.C. 1516a 
and 1677f). These regulations are authorized by section 402(g) of the 
North American Free Trade Agreement Implementation Act and 19 U.S.C. 
1335.


Sec. 207.91  Definitions.

    As used in this subpart--
    Administrative Law Judge means the United States Government 
employee appointed under section 310(f) of title 5 of the United States 
Code to conduct proceedings under this part in accordance with section 
554 of title 5 of the United States Code;
    Agreement means the North American Free Trade Agreement entered 
into among Canada, the United States of America and the United Mexican 
States (``Mexico''); or, with respect to binational panel proceedings 
between Canada and the United States underway as of the date of 
enactment of the Agreement, or any binational panel proceedings that 
may proceed between the United States and Canada following any 
withdrawal from the Agreement by the United States or Canada, the 
United States-Canada Free Trade Agreement entered into between the 
Government of Canada and the Government of the United States of 
America, effective as of January 1, 1989;
    Article 1904 Rules means the Rules of Procedure for Article 1904 
Binational Panel Reviews adopted by the United States of America, 
Canada and Mexico pursuant to the Agreement, or where applicable under 
the Agreement, the Rules of Procedure for Article 1904 Binational Panel 
Reviews adopted by the United States of America and Canada pursuant to 
the United States-Canada Free Trade Agreement, as amended;
    Canadian Secretary means the Secretary of the Canadian section of 
the Secretariat and includes any person authorized to act on the 
Secretary's behalf;
    Charged party means a person who is charged by the Commission with 
committing a prohibited act under 19 U.S.C. 1677f(f)(3);
    Clerical person means a person such as a paralegal, secretary, or 
law clerk who is employed or retained by and under the direction and 
control of an authorized applicant;
    Commission means the United States International Trade Commission;
    Commission Secretary means the Secretary to the Commission;
    Complaint means the complaint referred to in the Article 1904 
Rules;
    Counsel means persons described in the definition of ``counsel of 
record'' in Rule 3 of the Article 1904 Rules or the ECC Rules, and 
counsel for an interested person who plans to file a timely complaint 
or notice of appearance in the panel review.
    Date of Service means the day a document is deposited in the mail 
or delivered in person;
    Days means calendar days, but if a deadline falls on a weekend or 
United States federal holiday, it shall be extended to the next working 
day;
    Extraordinary challenge committee means the committee established 
pursuant to Annex 1904.13 of the Agreement to review decisions of a 
panel or conduct of a panelist;
    ECC Rules means the Rules of Procedure for Article 1904 
Extraordinary Challenge Committees adopted by the United States of 
America, Canada and Mexico, or where applicable, the Rules of Procedure 
for Article 1904 Extraordinary Challenge Committees adopted by the 
United States of America and Canada pursuant to the United States-
Canada Free Trade Agreement, as amended;
    Final determination, means ``final determination'' under Article 
1911 of the Agreement;
    Free Trade Area Country means the ``free trade area country'' as 
defined in 19 U.S.C. 1516a(f)(10);
    Investigative attorney means an attorney designated by the Office 
of Unfair Import Investigations to engage in inquiries and proceedings 
under 19 CFR 207.100 et seq.
    Mexican Secretary means the Secretary of the Mexican section of the 
Secretariat and includes any persons authorized to act on the 
Secretary's behalf;
    NAFTA Act means the North American Free Trade Agreement 
Implementation Act, Pub. L. 103-182 (December 8, 1993);
    Notice of Appearance means the notice of appearance provided for by 
Article 1904 Rules or by the ECC Rules;
    Panel review means review of a final determination pursuant to 
chapter 19 of the Agreement, including review by an extraordinary 
challenge committee;
    Party means, for the purposes of 19 CFR 207.100 through 207.120, 
either the investigative attorney(ies) or the charged party(ies);
    Person means, for the purposes of 19 CFR 207.100 through 207.120, 
an individual, partnership, corporation, association, organization, or 
other entity;
    Privileged information means all information covered by the 
provisions of the second sentence of 19 U.S.C. 1677f(f)(1)(A);
    Professional means an accountant, economist, engineer, or other 
non-legal specialist who is employed by, or under the direction and 
control, of a counsel;
    Prohibited act means the violation of a protective order, the 
inducement of a violation of a protective order, or the knowing receipt 
of information the receipt of which constitutes a violation of a 
protective order;
    Proprietary information means confidential business information as 
defined in 19 CFR 201.6(a);
    Protective Order means an administrative protective order issued by 
the Commission;
    Relevant FTA Secretary means the Secretary referred to in Article 
1908 of the Agreement;
    Secretariat means the Secretariat established pursuant to Article 
2002 of the Agreement and includes the Secretariat sections located in 
Canada, the United States, and Mexico;
    Service address means the facsimile number, if any, and address of 
the counsel of record for a person or, where a person is not 
represented by counsel, the facsimile number, if any, and address set 
out by a person in a Request for Panel Review, Complaint or Notice of 
Appearance as the address at which the person may be served or, where a 
Change of Service Address has been filed by a person, the facsimile 
number, if any, and address set out as the service address in that 
form;
    Service list means the list maintained by the Commission Secretary 
under 19 CFR 201.11(d) of persons in the administrative proceeding 
leading to the final determination under panel review;
    United States Secretary means the Secretary of the United States 
section of the Secretariat and includes any person authorized to act on 
the Secretary's behalf;
    Except as otherwise provided in this subpart, the definitions set 
forth in the Article 1904 Rules and the ECC Rules are applicable to 
this subpart and to any protective orders issued pursuant to this 
subpart.


Sec. 207.92  Procedures for commencing review of final determinations.

    (a) Notice of Intent to Commence Judicial Review. A Notice of 
Intent to Commence Judicial Review shall contain such information, and 
be in such form, manner, and style, including service requirements, as 
prescribed by the Department of Commerce in its regulations at 19 CFR 
part 356.
    (b) Request for Panel Review. A Request for Panel Review shall 
contain such information, and be in such form, manner, and style, 
including service requirements, as prescribed by the Department of 
Commerce in its regulations at 19 CFR part 356.


Sec. 207.93  Protection of proprietary information during panel and 
committee proceedings.

    (a) Requests for protective orders. A request for access to 
proprietary information pursuant to 19 U.S.C. 1677f(f)(1) shall be made 
to the Secretary of the Commission.
    (b) Persons authorized to receive proprietary information under 
protective order. The following persons may be authorized by the 
Commission to receive access to proprietary information if they comply 
with these regulations and such other conditions imposed upon them by 
the Commission:
    (1) The members of a binational panel or an extraordinary challenge 
committee, any assistant to a member, court reporters and translators;
    (2) Counsel and professionals, provided that the counsel or 
professional does not participate in competitive decision-making, as 
defined in US Steel Corp. v. United States, 730 F.2d 1465 (Fed. Cir. 
1984), for the person represented or for any person that would gain a 
competitive advantage through knowledge of the proprietary information 
sought;
    (3) Clerical persons who are employed or retained by and under the 
direction and control of a person described in paragraph (b) (1), (2), 
(5) or (6) of this section who has been issued a protective order, if 
such clerical persons:
    (i) Are not involved in the competitive decision-making, or the 
support functions for the competitive decision-making, of a participant 
to the proceeding or of any person that would gain a competitive 
advantage through knowledge of the proprietary information sought, and
    (ii) Have agreed to be bound by the terms set forth in the 
application for protective order of the person who retains or employs 
him or her;
    (4) The Secretaries of the United States, Canadian and Mexican 
sections of the Secretariat and members of their staffs;
    (5) Any officer or employee of the United States Government who the 
United States Trade Representative informs the Commission Secretary 
needs access to proprietary information to make recommendations 
regarding the convening of extraordinary challenge committees; and
    (6) Any officer or employee of the Government of Canada or the 
Government of Mexico who the Canadian Minister of Trade or the Mexican 
Secretary of Commerce and Industrial Development, as the case may be, 
informs the Commission Secretary needs access to proprietary 
information to make recommendations regarding the convening of 
extraordinary challenge committees.
    (c) Procedures for obtaining access to proprietary information 
under protective order.--(1) Persons who must file an application for 
release under protective order. To be permitted access to proprietary 
information in the administrative record of a determination under panel 
review, all persons described in paragraphs (b) (1), (2), (4), (5) or 
(6) of this section, unless described in paragraph (c)(5)(i) of this 
section, shall file an application for a protective order.
    (2) Contents of applications for release under protective order. 
(i) The Commission Secretary shall adopt from time to time forms for 
submitting requests for release pursuant to protective order that 
incorporate the terms of this rule. The Commission Secretary shall 
supply the United States Secretary with copies of the forms for persons 
described in paragraphs (b) (1), (4), (5) and (6) of this section. 
Other applicants may obtain the forms at the Commission Secretary's 
office at 500 E Street SW., Washington, DC 20436.
    (ii) Such forms shall require the applicant to submit a personal 
sworn statement that, in addition to such other conditions as the 
Commission Secretary may require, the applicant will:
    (A) Not disclose any proprietary information obtained under 
protective order and not otherwise available to any person other than:
    (1) Personnel of the Commission involved in the particular panel 
review in which the proprietary information is part of the 
administrative record,
    (2) The person from whom the information was obtained,
    (3) A person who is authorized to have access to the same 
proprietary information pursuant to a Commission protective order, and
    (4) A clerical person retained or employed by and under the 
direction and control of a person described in paragraph (b) (1), (2), 
(5), or (6) of this section who has been issued a protective order, if 
such clerical person has signed and dated an agreement to be bound by 
the terms set forth in the application for a protective order of the 
person who retains or employs him or her;
    (B) Not use any of the proprietary information released under 
protective order and not otherwise available for purposes other than 
the particular proceedings under Article 1904 of the Agreement;
    (C) Upon completion of panel review, or at such other date as may 
be determined by the Commission Secretary, return to the Commission, or 
certify to the Commission Secretary the destruction of, all documents 
released under the protective order and all other material (such as 
briefs, notes, or charts), containing the proprietary information 
released under the protective order, except that those described in 
paragraph (b)(1) of this section may return such documents and other 
materials to the United States Secretary. The United States Secretary 
may retain a single file copy of each document for the official file.
    (D) Update information in the application for protective order as 
required by the protective order; and
    (E) Acknowledge that the person becomes subject to the provisions 
of 19 U.S.C. 1677f(f) and to this subpart, as well as corresponding 
provisions of Canadian and Mexican law on disclosure undertakings 
concerning proprietary information.
    (3) Timing of applications. An application for any person described 
in paragraph (b)(1) or (b)(2) of this section may be filed after a 
notice of request for panel review has been filed with the Secretariat. 
A person described in paragraph (b)(4) of this section shall file an 
application immediately upon assuming official responsibilities in the 
United States, Canadian or Mexican Secretariat. An application for any 
person described in paragraph (b)(5) or (b)(6) of this section may be 
filed at any time after the United States Trade Representative, the 
Canadian Minister of Trade, or the Mexican Secretary of Commerce and 
Industrial Development, as the case may be, has notified the Commission 
Secretary that such person requires access.
    (4) Filing and service of applications--(i) Applications of persons 
described in paragraph (b)(1) of this section. A person described in 
paragraph (b)(1) of this section shall submit the completed original of 
the form to the United States Secretary, NAFTA Secretariat, room 2061, 
U.S. Department of Commerce, Pennsylvania Avenue and 14th Street, NW., 
Washington, DC 20230. The United States Secretary, in turn, shall file 
the original plus three (3) copies of the application with the 
Commission Secretary.
    (ii) Applications of persons described in paragraph (b)(2) of this 
section--(A) Filing. A person described in paragraph (b)(2) of this 
section shall file the completed original of the form and three (3) 
copies with the Commission Secretary, and four (4) copies with the 
United States Secretary.
    (B) Service. If an applicant files before the deadline for filing 
notices of appearance for the panel review, the applicant shall 
concurrently serve each person on the service list with a copy of the 
application. If the applicant files after the deadline for filing 
notices of appearance for the panel review, the applicant shall serve 
each participant in the panel review in accordance with the applicable 
Article 1904 Rules and ECC Rules. Service on a person may be effected 
by delivering a copy to the person's service address; by sending a copy 
to the person's service address by facsimile transmission, expedited 
courier service, expedited mail service; or by personal service.
    (iii) Applications of persons described in paragraph (b)(4) of this 
section. A person described in paragraph (b)(4) of this section shall 
file the original and three (3) copies of the protective order 
application with the Commission Secretary.
    (iv) Applications of persons described in paragraph (b)(5) of this 
section. A person described in paragraph (b)(5) of this section shall 
file the original and three (3) copies with the Commission Secretary 
and four (4) copies with the United States Secretary.
    (v) Applications of persons described in paragraph (b)(6) of this 
section. A person described in paragraph (b)(6) of this section shall 
submit the completed original of the protective order application to 
the relevant FTA Secretary. The relevant FTA Secretary in turn, shall 
file the original and three (3) copies with the Commission Secretary.
    (5) Persons who retain access to proprietary information under a 
protective order issued during the administrative proceedings. (i) If 
counsel or a professional has been granted access in an administrative 
proceeding to proprietary information under a protective order that 
contains a provision governing continued access to that information 
during panel review, and that counsel or professional retains the 
proprietary information more than fifteen (15) days after a First 
Request for Panel Review is filed with the Secretariat, that counsel or 
professional, and such clerical persons with access on or after that 
date, become immediately subject to the terms and conditions of Form C 
maintained by the Commission Secretary on that date including 
provisions regarding sanctions for violations thereof.
    (ii) Any person described in paragraph (c)(5)(i) of this section, 
concurrent with the filing of a complaint or notice of appearance in 
the panel review on behalf of the participant represented by such 
person, shall:
    (A) File four (4) copies of the original application, of all 
existing updates to that application, and of the protective order with 
the United States Secretary; and
    (B) Serve three (3) copies of the protective order and of all 
existing updates upon the Commission Secretary.
    (iii) Any person described in paragraph (c)(5)(i) of this section 
need not submit a new application for a protective order at the 
commencement of a panel review.
    (d) Issuance of protective orders--(1) Applicants described in 
paragraphs (b) (1), (4), (5) and (6) of this section. Upon approval of 
an application of persons described in paragraphs (b)(1), (4), (5), or 
(6) of this section, the Commission Secretary shall issue a protective 
order permitting release of proprietary information. Any member of a 
binational panel proceeding initiated under the United States-Canada 
Free Trade Agreement to whom the Commission Secretary issues a 
protective order must countersign it and return one copy of the 
countersigned order to the United States Secretary. Any other applicant 
under paragraph (b)(1) of this section must file a copy of the order 
with the United States Secretary.
    (2) Applicants described in paragraph (b)(2) of this section. (i) 
The Commission shall not rule on an application filed by a person 
described in paragraph (b)(2) until ten (10) days after the request is 
filed unless there is a compelling need to rule more expeditiously. Any 
person may file an objection to the application within seven (7) days 
of the application's filing date, stating the specific reasons why the 
Commission should not grant the application. One (1) copy of the 
objection shall be served on the applicant and on all persons who were 
served with the application. Any reply to an objection will be 
considered if it is filed and served before the Commission Secretary 
renders a decision. Service of objections and replies shall be made in 
accordance with paragraph (c)(4)(ii)(B) of this section.
    (ii) Denial of application. The Commission's Secretary may deny an 
application by serving a letter notifying the applicant of the decision 
and the reasons therefor within fourteen (14) days of the receipt of 
the application. The letter shall advise the applicant of the right to 
appeal to the Commission. Any appeal must be made within five (5) days 
of the service of the Commission Secretary's letter.
    (iii) Appeal from denial of an application. An appeal from a denial 
of a request must be addressed to the Chairman, United States 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436. Such appeal must be served in accordance with paragraph 
(c)(4)(ii)(B) of this section. The Commission shall make a final 
decision granting or denying the appeal within thirty (30) days from 
the day on which the application was filed with the Commission 
Secretary.
    (iv) Approval of the application. If the Commission Secretary does 
not deny an application pursuant to paragraph (d)(2)(ii) of this 
section, the Commission shall, by the fifteenth day following the 
receipt of the application, issue a protective order permitting the 
release of proprietary information to the applicant.
    (v) Filing of protective orders. If a protective order is issued to 
a person described in paragraph (b)(2) of this section, the person 
shall immediately file one (1) copy of the protective order with the 
United States Secretary.
    (e) Retention of protective orders. The Commission Secretary shall 
retain, in a public file, copies of applications granted, including any 
updates thereto, and protective orders issued under this section, 
including protective orders filed in accordance with paragraph 
(b)(6)(ii) of this section.
    (f) Filing of amendments to granted applications. Any person who 
has been issued a protective order under this section shall:
    (1) If a person described in paragraph (b)(1) of this section, 
submit any amendments to the application for a protective order to the 
United States Secretary, who shall file the original and three (3) 
copies with the Commission Secretary;
    (2) If a person described in paragraph (b)(2) of this section, file 
the original and three (3) copies of any amendments to the application 
with the Commission Secretary and four (4) copies with the United 
States Secretary; or
    (3) If any other person, file the original and three (3) copies of 
any amendments to the application with the Commission Secretary.
    (g) Modification or revocation of protective orders. (1) Any person 
may file with the Commission Secretary a request that a protective 
order issued under this section be modified or revoked because of 
changed conditions of fact or law, or on grounds of the public 
interest. The request shall state the changes desired and include any 
supporting materials and arguments. The person filing the request shall 
serve a copy of the request upon the person to whom the protective 
order was issued.
    (2) Any person may file a response to the request within twenty 
(20) days after it is filed, unless the Commission issues a notice 
indicating otherwise. After consideration of the request and any 
responses thereto, the Commission shall take such action as it deems 
appropriate.
    (3) If a request filed under this paragraph alleges that a person 
is violating the terms of a protective order, the Commission may treat 
the request as a report of violation under Sec. 207.101 of this 
subpart.
    (4) The Commission may also modify or revoke a protective order on 
its own initiative.
    (5) If the Commission revokes, amends or modifies a person's 
protective order, it shall provide to the person, the United States 
Secretary and all participants a copy of the Notice of Revocation, 
amendment or modification.


Sec. 207.94  Protection of privileged information during panel and 
committee proceedings.

    When and if a panel or extraordinary challenge committee decides 
that the Commission is required, pursuant to the United States law, to 
grant access pursuant to protective order to information for which the 
Commission has claimed a privilege, any individual to whom a panel or 
extraordinary challenge committee has directed the Commission release 
information and who is otherwise within the category of individuals 
eligible to receive proprietary information pursuant to 19 CFR 
207.93(b), may file an application for a protective order with the 
Commission. Upon receipt of such application, the Commission Secretary 
shall certify to the Commission that a panel or extraordinary challenge 
committee has required the Commission to release such information to 
specified persons, pursuant to 19 U.S.C. 1677f(f)(1). Twenty-four hours 
following such certification, the Commission Secretary shall issue a 
protective order releasing such information to any authorized applicant 
subject to terms and conditions equivalent to those described in 19 CFR 
207.93(c)(2).

Procedures for Imposing Sanctions for Violation of the Provisions 
of a Protective Order Issued During Panel and Committee Proceedings


Sec. 207.100  Sanctions.

    (a) A person, other than a person exempted from this regulation by 
the provisions of 19 U.S.C. 1677f(f)(4), who is determined under this 
subpart to have committed a prohibited act, may be subject to one or 
more of the following sanctions:
    (1) A civil penalty not to exceed $100,000 for each violation, each 
day of a continuing violation constituting a separate violation;
    (2) Debarment from practice in any capacity before the Commission, 
which disbarment may, in appropriate circumstances, include such 
person's partners, associates, employers and employees, for a 
designated time period following publication of a determination that 
the protective order has been breached;
    (3) Denial of further access to proprietary or privileged 
information covered by the breached protective order or to proprietary 
information in future Commission proceedings;
    (4) An official reprimand by the Commission;
    (5) In the case of an attorney, accountant, or other professional, 
referral of the facts underlying the prohibited act to the ethics panel 
or other disciplinary body of the appropriate professional association 
or licensing authority;
    (6) When appropriate, referral of the facts underlying the 
violation to the United States Trade Representative or his or her 
designees, or to another government agency; and
    (7) Any other administrative sanctions as the Commission determines 
to be appropriate.
    (b) Each partner, associate, employer, and employee described in 
paragraph (a)(2) of this section is entitled to all the administrative 
rights set forth in this subpart.
    (c) For the purposes of this subpart, the knowing receipt of 
information the receipt of which constitutes a violation of a 
protective order includes, but is not limited to, the reading or 
unauthorized dissemination of the information covered by a protective 
order by a person who knows or should reasonably believe that he or she 
is not authorized to read or disseminate such information.


207.101  Reporting of prohibited act and commencement of investigation.

    (a) Any person who has information indicating that a prohibited act 
has been committed shall immediately report all pertinent facts 
relating thereto to the Commission Secretary.
    (b) Upon receipt, the Commission Secretary shall record the 
information, assign an investigation number, and forward all 
information he or she received to the Office of Unfair Import 
Investigations.
    (c) As expeditiously as possible, the Office of Unfair Import 
Investigations shall conduct an inquiry to determine whether there is 
reasonable cause to believe that a person or persons have committed a 
prohibited act. At any time, the Office of Unfair Import Investigations 
may request that the Commission assign an administrative law judge to 
oversee the inquiry.
    (d) At the conclusion of the inquiry, the Office of Unfair Import 
Investigations shall assess whether the available information is 
sufficient to provide reasonable cause to believe that a person or 
persons have committed a prohibited act.


207.102  Initiation of proceedings.

    (a) Upon completion of the inquiry,
    (1) If the Office of Unfair Import Investigations concludes that 
there is not reasonable cause to believe that a person or persons have 
committed a prohibited act, the Office of Unfair Import Investigations 
shall:
    (i) Submit a report to the Commission; and
    (ii) Unless the Commission directs otherwise, the file shall be 
closed and returned to the Commission Secretary.
    (2) If the Office of Unfair Import Investigations concludes that 
there is reasonable cause to believe that a person or persons have 
committed a prohibited act, the Office of Unfair Import Investigations 
shall:
    (i) Make a recommendation to the Commission regarding whether and 
to what extent it is appropriate to notify the person whose proprietary 
information may have been compromised; and
    (ii) Submit a report and recommendation to the Commission regarding 
whether to initiate sanctions proceedings or to take other appropriate 
action.
    (b) The Commission may make any appropriate determination regarding 
the initiation of sanctions proceedings, including rejecting, 
approving, or approving and amending any recommendation made by the 
Office of Unfair Import Investigations.
    (c) If the Commission determines that it is appropriate to issue a 
charging letter, the Commission shall appoint an administrative law 
judge to oversee the proceeding and the Commission Secretary shall 
initiate a proceeding under this Subpart by issuing a charging letter 
as set forth in 19 CFR 207.103.
    (d) If the Commission determines that it is appropriate to initiate 
proceedings, but that the party to be charged is beyond the 
jurisdiction of the Commission and within the jurisdiction of another 
Free Trade Area country, or that for other reasons an authorized agency 
of another Free Trade Area country would be the more appropriate forum 
for initiation of a proceeding, the Commission shall take the necessary 
steps for issuance of a letter requesting the authorized agency of 
another Free Trade Area country to initiate proceedings under 
applicable law on the basis of an alleged prohibited act.
    (e) The Commission may make any determination regarding 
notification about the alleged prohibited act and the relevant 
underlying facts to the persons who submitted the proprietary 
information that allegedly has been disclosed. A determination by the 
Commission on this subject does not foreclose the administrative law 
judge from redetermining at any time during the hearing whether 
notification to the compromised party is appropriate.
    (f) If the Commission determines that it is not appropriate to 
issue a charging letter or to refer the facts to the authorized agency 
of another Free Trade Area country, the file shall be closed and 
returned to the Commission Secretary, unless the Commission directs 
otherwise.
    (g) All aspects of the inquiry shall remain confidential, except as 
deemed reasonably necessary to the Office of Unfair Import 
Investigations to gather relevant information and to protect the 
interests of the person who submitted the proprietary information, or 
except as otherwise ordered by the Commission. Except as the Commission 
may otherwise order, the Commission Secretary shall maintain all closed 
investigatory files in confidence to the extent permitted by law, and 
shall destroy any documentary evidence containing allegations of a 
prohibited act for which no proceeding is initiated one year after the 
file is closed.


Sec. 207.103  Charging letter.

    (a) Contents of charging letter. Each charged party shall be served 
by the Commission with a copy of a charging letter and any accompanying 
motion for interim measures, as provided for in 19 CFR 207.106. The 
charging letter shall include:
    (1) Allegations concerning a prohibited act;
    (2) A citation to Sec. 207.100 of this subpart, for a listing of 
sanctions that may be imposed for a prohibited act;
    (3) A statement that a proceeding has been initiated and that an 
APA hearing will be held before an administrative law judge;
    (4) A statement that the charged party or his or her attorney may 
request the issuance of an appropriate administrative protective order 
to obtain access to the information upon which the charge is based;
    (5) A statement that the charged party has a right to retain an 
attorney at the charged party's own expense for purposes of 
representation; and
    (6) A statement that the charged party has the right to request in 
the response described in Sec. 207.104 of this subpart that the 
proceedings remain confidential to the extent practicable.
    (b) Service of charging letter. (1) The charging letter shall be 
served in a double envelope. The inner envelope shall indicate that it 
is to be opened only by the addressee. Service of a charging letter 
shall be made by one of the following methods:
    (i) Mailing a copy by registered or certified mail addressed to the 
charged party at the party's last known permanent address; or
    (ii) Personal service; or
    (iii) Any other method acceptable under Rule 4 of the Federal Rules 
of Civil Procedure.
    (2) Service shall be evidenced by a certificate of service signed 
by the person making such service.
    (c) Confidentiality of charging letter. Prior to entry of an order 
by the administrative law judge under Sec. 207.105 of this subpart, the 
charging letter will be confidential and disclosed only to necessary 
Commission staff and the charged parties.
    (d) Amendment of charging letter. (1) At any time after proceedings 
have been initiated, the investigative attorney may move for leave to 
amend or withdraw the charging letter.
    (2) If the administrative law judge determines that the charging 
letter should be amended to include additional parties, the judge shall 
issue a recommended determination to that effect. The Commission shall 
review the recommended determination, and issue a determination 
granting or denying the motion to amend the charging letter to include 
additional parties.
    (3) Upon motion, the administrative law judge may grant leave to 
amend the charging letter for good cause shown upon such conditions as 
are necessary to avoid prejudicing the public interest and the rights 
of the parties already charged.
    (4) Any amended charging letter shall be served upon all charged 
parties in the form and manner set forth in paragraphs (a) and (b) of 
this section.


Sec. 207.104  Response to charging letter.

    (a) Time for filing. A charged party shall have twenty (20) days 
from the date of service of the charging letter within which to file a 
written response to the allegations made in the charging letter unless 
otherwise ordered by the administrative law judge.
    (b) Form and content. Each response shall be under oath and signed 
by the charged party or its duly authorized officer, attorney, or 
agent, with the name, address, and telephone number of the same. Each 
charged party shall respond to each allegation in the charging letter, 
and may set forth a concise statement of the facts constituting each 
ground of defense. There shall be a specific admission or denial of 
each fact alleged in the charging letter, or if the charged party is 
without knowledge of any such fact, a statement to that effect.
    (c) Request for confidentiality. The response shall contain a 
statement as to whether the charged party seeks an order to maintain 
the confidentiality of all or part of the proceedings to the extent 
practicable, pursuant to Sec. 207.105 of this subpart.


Sec. 207.105  Confidentiality.

    (a) Protection of proprietary and privileged information. As the 
administrative law judge deems reasonably necessary for the preparation 
of the defense of a charged party, the attorney for the charged party 
may be granted access in these proceedings to proprietary information 
or to the privileged information, the disclosure of which is the 
subject of the proceedings. Any such access shall be under protective 
order consistent with the provisions of this subpart.
    (b) Confidentiality of proceedings. Upon the request of any charged 
party pursuant to Sec. 207.106 of this subpart, the administrative law 
judge will issue an appropriate confidentiality order. This order will 
provide for the confidentiality, to the extent practicable and 
permitted by law, of information relating to allegations concerning the 
commitment of a prohibited act, consistent with public policy 
considerations and the needs of the parties in conducting the sanctions 
proceedings. The order will provide that all proceedings under this 
provision shall be kept confidential within the terms of the order, 
except to the extent that a discussion of such proceedings is 
incorporated into a published final decision of the Commission. Any 
confidential information not disclosed in such decision will remain 
protected.


Sec. 207.106  Interim measures.

    (a) At any time after proceedings are initiated, the administrative 
law judge, upon motion, or on his or her own initiative, may issue a 
recommended determination to revoke the allegedly-violated protective 
order, to disclose information about the proceedings that would 
otherwise be kept confidential, or to take other appropriate interim 
measures.
    (b) Before issuing a determination recommending interim sanctions, 
the administrative law judge shall afford a party against whom such 
measures are proposed the opportunity to oppose them. The 
administrative law judge shall ordinarily decide any motion under this 
section no more than twenty (20) days after it is filed.
    (c) The Commission shall review any recommended determination 
regarding the imposition of interim measures within twenty (20) days 
from its issuance or such other time as it may order. The Commission 
may impose any appropriate interim sanctions.
    (d) The administrative law judge may recommend to the Commission 
that interim measures be modified or revoked. The Commission shall rule 
on such recommendation within ten (10) days after its issuance or such 
other time as it may order.
    (e) The Commission Secretary shall immediately notify the 
Secretariat of any interim measures that revoke or modify an 
outstanding protective order in an ongoing panel review. The Commission 
Secretary shall also immediately notify the Secretariat of any 
revocation or modification of an interim measure.


Sec. 207.107  Motions.

    (a) Presentation and disposition. (1) After issuance of the 
charging letter and while part of the proceeding is pending before the 
administrative law judge, all motions relating to that part of the 
proceeding shall be addressed to the administrative law judge.
    (2) While part of a proceeding is pending before the Commission, 
all motions relating to that part of the proceeding shall be addressed 
to the Chairman of the Commission. All written motions shall be filed 
with the Commission Secretary and served upon all parties.
    (b) Content. All written motions shall state the particular order, 
ruling, or action desired and the grounds therefor.
    (c) Responses. Any response to a motion shall be filed within ten 
(10) days after service of the motions, or within such longer or 
shorter time as may be designated by the administrative law judge or 
the Commission. The moving party shall have no right to reply, except 
as permitted by the administrative law judge or the Commission.
    (d) Service. All motions, responses, replies, briefs, petitions, 
and other documents filed in sanctions proceedings under this subpart 
shall be served by the party filing the document upon each other party. 
Service shall be made upon the attorney for the party unless the 
administrative law judge or the Commission orders otherwise.


Sec. 207.108  Preliminary conference.

    As soon as practicable after the response to the charging letter is 
filed, the administrative law judge shall direct counsel or other 
representatives for the parties to meet with him or her at a 
preliminary conference, unless the administrative law judge determines 
that such a conference is not necessary. At the conference, the 
administrative law judge shall consider the issuance of such orders as 
the administrative law judge deems necessary for the conduct of the 
proceedings. Such orders may include, as appropriate under these 
regulations, the establishment of a discovery schedule or the issuance 
of an order, if requested, to provide for maintaining the 
confidentiality of the proceedings pursuant to Sec. 207.105(b) of this 
subpart.


Sec. 207.109  Discovery.

    (a) Discovery methods. All parties may obtain discovery under such 
terms and limitations as the administrative law judge may order. 
Discovery may be by one or more of the following methods:
    (1) Depositions upon oral examination or written questions;
    (2) Written interrogatories;
    (3) Production of documents or things for inspection and other 
purposes; and
    (4) Requests for admissions.
    (b) Sanctions. If a party or an officer or agent of a party fails 
to comply with a discovery order, the administrative law judge may take 
such action as he deems reasonable and appropriate, including the 
issuance of evidentiary sanctions or deeming the respondent to be in 
default.
    (c) Depositions of nonparty officers or employees of the United 
States or another Free Trade Area country government.--(1) Depositions 
of Commission officers or employees. A party desiring to take the 
deposition of an officer or employee of the Commission (other than a 
member of the Office of Unfair Import Investigations or of the Office 
of the Administrative Law Judges), or to obtain nonprivileged documents 
or other physical exhibits in the custody, control, and possession of 
such officer or employee, shall file a written motion requesting the 
administrative law judge to recommend that the Commission direct that 
officer or employee to testify or produce the requested materials.
    (2) Depositions of officers or employees of other United States 
agencies, or of the government of another Free Trade Area country. A 
party desiring to take the deposition of an officer or employee of 
another agency, or of the government of another Free Trade Area 
country, or to obtain nonprivileged documents or other physical 
exhibits in the custody, control, and possession of such officer or 
employee, shall file a written motion requesting the administrative law 
judge to recommend that the Commission seek the testimony or production 
of requested material from the officer or employee.


Sec. 207.110  Subpoenas.

    (a) Application for issuance of a subpoena. Except as provided in 
Sec. 207.109(c) of this subpart, an application for issuance of a 
subpoena requiring a person to appear and depose or testify at the 
taking of a deposition or at a hearing shall be made to the 
administrative law judge. The application shall be made in writing, and 
shall specify the material to be produced as precisely as possible, 
showing the relevancy of the material and the reasonableness of the 
scope of the subpoena. The application shall be ruled upon by the 
administrative law judge.
    (b) Enforcement of a subpoena. A motion for enforcement of a 
subpoena shall be made to the administrative law judge. Upon 
consideration of the motion and any response thereto, the 
administrative law judge shall recommend to the Commission in favor of 
or against enforcement. The administrative law judge's recommendation 
shall provide the basis therefor, and shall address each of the 
criteria necessary for enforcement of an administrative subpoena. After 
consideration of the administrative law judge's recommendation, the 
Commission shall determine whether initiation of enforcement 
proceedings is appropriate.
    (c) Application for subpoena grounded upon the Freedom of 
Information Act. No application for a subpoena for production of 
documents grounded upon the Freedom of Information Act (5 U.S.C. 552) 
shall be entertained by the administrative law judge or the Commission.


Sec. 207.111  Prehearing conference.

    The administrative law judge may direct the attorney or other 
representatives for the parties to meet with him or her to consider any 
or all of the following:
    (a) Simplification and clarification of the issues;
    (b) Scope of the hearing;
    (c) Stipulations and admissions of either fact or the content and 
authenticity of documents;
    (d) Disclosure of the names of witnesses and the exchange of 
documents or other physical evidence that will be introduced in the 
course of the hearing; and
    (e) Such other matters as may aid in the orderly and expeditious 
disposition of the proceedings.


Sec. 207.112  Hearings.

    (a) Purpose of and scheduling of hearings. An opportunity for a 
hearing before an administrative law judge shall be provided for each 
action initiated under Sec. 207.102 of this subpart. The purpose of 
such hearing shall be to receive evidence and hear argument in order to 
determine whether a charged party has committed a prohibited act and if 
so, what sanctions are appropriate. Hearings shall proceed with all 
reasonable expedition, and, insofar as practicable, shall be held at 
one place, continuing until completed, unless otherwise ordered by the 
administrative law judge.
    (b) Joinder or consolidation. The administrative law judge may 
order such joinder or consolidation of proceedings initiated under 
Sec. 207.102 of this subpart at the administrative law judge's 
discretion.
    (c) Compliance with Administrative Procedure Act. The 
administrative law judge shall conduct a hearing that complies with the 
requirements of section 554 of title 5 of the United States Code.


Sec. 207.113  The record.

    (a) Definition of the record. The record shall consist of--
    (1) The charging letter and response, motions and responses, and 
other documents and exhibits properly filed with the Commission 
Secretary;
    (2) All orders, notices, and the recommended or initial 
determinations of the administrative law judge;
    (3) Orders, notices, and any final determination of the Commission;
    (4) Hearing transcripts, and evidence admitted at the hearing; and
    (5) Any other items certified into the record by the administrative 
law judge.
    (b) Certification of the record. The record shall be certified to 
the Commission by the administrative law judge upon his or her filing 
of the initial determination.


Sec. 207.114  Initial determination.

    (a) Time for filing of initial determination. (1) Except as may 
otherwise be ordered by the Commission, within ninety (90) days of the 
date of issuance of the charging letter, the administrative law judge 
shall certify the record to the Commission and shall file with the 
Commission an initial determination as to whether each charged party 
has committed a prohibited act, and as to appropriate sanctions.
    (2) The administrative law judge may request the Commission to 
extend the time period for issuance of the initial determination for 
good cause shown.
    (b) Contents of the initial determination. The initial 
determination shall include the following:
    (1) An opinion making all necessary findings of fact and 
conclusions of law and the reasons therefor, and
    (2) A statement that the initial determination shall become the 
determination of the Commission unless a party files a petition for 
review of the determination pursuant to Sec. 207.115 or the Commission 
pursuant to Sec. 207.116 of this subpart, orders on its own motion a 
review of the initial determination or certain issues therein.
    (c) Burden of proof. A finding that a charged party committed a 
prohibited act shall be supported by clear and convincing evidence.
    (d) Effect of initial determination. The initial determination 
shall become the determination of the Commission forty-five (45) days 
after the date of service of the initial determination, unless the 
Commission within such time orders review of the initial determination 
or certain issues therein pursuant to Sec. 207.115 or 207.116 of this 
subpart or by order shall have changed the effective date of the 
initial determination. In the event an initial determination becomes 
the determination of the Commission, the parties shall be notified 
thereof by the Commission Secretary.


Sec. 207.115  Petition for review.

    (a) The petition and responses. (1) Any party may request a review 
by the Commission of the initial determination by filing with the 
Commission Secretary a petition for review, except that a party who has 
defaulted may not petition for review of any issue regarding which the 
party is in default.
    (2) Any person who wishes to obtain judicial review pursuant to 19 
U.S.C. 1677f(f)(5) must first seek review by the Commission in 
accordance with the procedures set forth in this regulation governing 
petitions for review.
    (3) Any petition for review must be filed within fourteen (14) days 
after service of the initial determination on the charged party. The 
petition shall:
    (i) Identify the party seeking review;
    (ii) Specify the issues upon which review is sought, including a 
statement as to whether review is sought of the initial determination 
regarding the commitment of a prohibited act, or of the initial 
determination regarding sanctions;
    (iii) Set forth a concise statement of the relevant law or material 
facts necessary for consideration of the stated issues; and
    (iv) Present a concise argument setting forth the reasons why 
review is necessary or appropriate.
    (4) Any issue not raised in the petition for review filed under 
this section will be deemed to have been abandoned and may be 
disregarded by the Commission.
    (5) Any party may file a response to the petition within seven (7) 
days after service of the petition, except that a party who has 
defaulted may not file a response to any issue regarding which the 
party is in default.
    (b) Grant or denial of review. (1) The Commission shall decide 
whether to grant a petition for review, in whole or in part, within 
forty-five (45) days of the service of the initial determination on the 
parties, or by such other time as the Commission may order.
    (2) The Commission shall base its decision whether to grant a 
petition for review upon the petition and response thereto, without 
oral argument or further written submissions, unless the Commission 
shall order otherwise.
    (3) The Commission shall grant a petition for review of an initial 
determination or certain issues therein when at least one of the 
participating Commissioners votes for ordering review. In its notice, 
the Commission shall establish the scope of the review and the issues 
that will be considered and make provisions for the filing of briefs 
and oral argument if deemed appropriate by the Commission. The notice 
that the Commission has granted the petition shall be served by the 
Commission Secretary on all parties.


Sec. 207.116  Commission review on its own motion.

    Within forty-five (45) days of the date of service of the initial 
determination, the Commission on its own initiative shall order review 
of an initial determination or certain issues therein upon request of 
any Commissioner.


Sec. 207.117  Review by Commission.

    On review, the parties may not present argument on any issue that 
is not set forth in the notice of review; and the Commission may 
affirm, reverse, modify, set aside or remand for further proceedings, 
in whole or in part, the initial determination of the administrative 
law judge. The Commission may make any findings or conclusions that in 
its judgment are proper based on the record in the proceeding.


Sec. 207.118  Role of the General Counsel in advising the Commission.

    The Assistant General Counsel for Section 337 Investigations shall 
serve as Acting General Counsel for the purpose of advising the 
Commission on proceedings brought under this subpart if the prohibited 
act described in the charging letter involves a protective order issued 
in connection with a panel review that was pending when the letter was 
issued, and the General Counsel participated in the panel review. No 
other Commission attorney shall advise the Commission on proceedings 
under this Subpart concerning a protective order issued during a panel 
review in which the attorney participated.


Sec. 207.119  Reconsideration.

    (a) Motion for reconsideration. Within fourteen (14) days after 
service of a Commission determination, any party may file with the 
Commission a motion for reconsideration, setting forth the relief 
desired and the grounds in support thereof. Any motion filed under this 
section must be confined to new questions raised by the determination 
or action ordered to be taken thereunder and upon which the moving 
party had no opportunity to submit arguments.
    (b) Disposition of motion for reconsideration. The Commission shall 
grant or deny the motion for reconsideration. No response to a motion 
for reconsideration will be received unless requested by the 
Commission, but a motion for reconsideration will not be granted in the 
absence of such a request. If the motion to reconsider is granted, the 
Commission may affirm, set aside, or modify its determination, 
including any action ordered by it to be taken thereunder. When 
appropriate, the Commission may order the administrative law judge to 
take additional evidence.


Sec. 207.120  Public notice of sanctions.

    If the final Commission decision is that there has been a 
prohibited act, and that public sanctions are to be imposed, notice of 
the decision will be published in the Federal Register and forwarded to 
the Secretariat. Such publication will occur no sooner than fourteen 
(14) days after issuance of a final decision or after any motion for 
reconsideration has been denied. The Commission Secretary shall also 
serve notice of the Commission decision upon such departments and 
agencies of the United States, Canadian and Mexican governments as the 
Commission deems appropriate.

[FR Doc. 94-2341 Filed 2-2-94; 8:45 am]
BILLING CODE 7020-02-P