[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Proposed Rules]
[Pages 51748-51760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24573]



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INTERNATIONAL TRADE COMMISSION

19 CFR Parts 201 and 207


Notice of Proposed Amendments to Rules of Practice and Procedure

AGENCY: United States International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States International Trade Commission (the 
Commission) proposes to amend its Rules of Practice and Procedure 
concerning antidumping and countervailing duty investigations and 
reviews in 19 CFR parts 201 and 207. The proposed amendments have two 
purposes. First, they will conform the Commission's rules, on a 
permanent basis, to the requirements of the Uruguay Round Agreements 
Act (URAA). Second, the amendments will improve the effectiveness and 
efficiency of the Commission's procedures in conducting antidumping and 
countervailing duty investigations and reviews.

DATES: To be assured of consideration, written comments must be 
received not later than December 18, 1995.

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

FOR FURTHER INFORMATION CONTACT: Marc A. Bernstein, Office of General 
Counsel, U.S. International Trade Commission, telephone 202-205-3087, 
or Vera A. Libeau, Office of Investigations, U.S. International Trade 
Commission, telephone 202-205-3176. 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

    The URAA was enacted on December 8, 1994. It contains provisions 
which, inter alia, amend Title VII of the Tariff Act of 1930, as 
amended (the Act) (19 U.S.C. 1671 et seq.), concerning antidumping and 
countervailing duty investigations and reviews. Enactment of the URAA 
necessitated that the Commission amend its rules concerning Title VII 
practice and procedure.
    Commission rules to implement new legislation ordinarily are 
promulgated in accordance with the rulemaking provisions of Sec. 553 of 
the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.), which 
entails the following steps: (1) publication of a notice of proposed 
rulemaking; (2) solicitation of public comments on the proposed rules; 
(3) Commission review of such comments prior to developing final rules; 
and (4) publication of the final rules thirty days prior to their 
effective date. See 5 U.S.C. 553. That procedure could not be utilized 
in this instance because the new legislation was enacted on December 8, 
1994, and became effective on January 1, 1995. Because it was not 
possible to complete the Sec. 553 rulemaking procedure prior to the 
effective date of the new legislation, the Commission adopted interim 
rules that came into effect at the same time as the URAA. These interim 
amendments to part 207 of the Commission's Rules of Practice and 
Procedure were published in the Federal Register on January 3, 1995. 60 
FR 18 (Jan. 3, 1995). The Commission additionally requested comment on 
the interim rules.
    As the Commission stated in its January 3, 1995, Federal Register 
notice, its interim rules were not intended to ``respond to anything 
more than the exigencies created by the new legislation.'' The notice 
explained that any final rules that the Commission would adopt could be 
more comprehensive than the interim rules. Moreover, in the notice the 
Commission solicited comment on whether more extensive changes to its 
rules were necessary or desirable. 60 FR at 19-20. Comments were 
submitted by the Royal Thai Government (``Thailand''), the law firm of 
Stewart and Stewart (``S&S'') on its own behalf, the law firm of 
Pepper, Hamilton & Scheetz on behalf of Gouvernement de Quebec 
(``Quebec''), the law firm of Collier, Shannon, Rill & Scott on behalf 
of the Specialty Steel Industry of North America (``SSINA''), the law 
firms of Dewey Ballantine and Skadden, Arps, Slate, Meagher & Flom on 
behalf of seven U.S. producers of flat-rolled steel (``Flat-Rolled 
Steel''), and the law firm of Aitken, Irvin & Lewin on behalf of the 
Pro Trade Group (``Pro Trade''). The nature of these comments, to the 
extent that they are pertinent to the subjects addressed in this notice 
of proposed rulemaking, and the Commission's response thereto is 
provided below in the explanation of the proposed rules.
    Both as a result of comments received in response to the notice of 
interim rulemaking and as a result of the Commission's own independent 
examination of its procedures in antidumping and countervailing duty 
investigations and reviews, the Commission is proposing changes to its 
procedures involving such investigations and reviews. Some of these 
changes are intended to implement the new requirements of the URAA, 
while others are intended generally to improve the efficiency and 
effectiveness of the Commission's investigative procedures.12

    \1\Chairman Watson and Commissioner Crawford are optimistic that 
most proposals contained herein will provide efficiencies as well as 
improve the process for the private and the public sector. Some 
proposals have more potential for cost savings than others; some 
will benefit primarily the private sector, others primarily the 
Commission. Only one, the proposal to initiate an issues conference, 
which is designed to improve and focus the investigative process, 
may create no significant net efficiencies in the process. Chairman 
Watson and Commissioner Crawford value and will carefully consider 
all comments on each proposal.
    \2\Commissioner Newquist's and Commissioner Bragg's approval of 
this notice of proposed rulemaking is solely for the administrative 
purpose of soliciting public comment on the proposed rules herein. 
Their approval should not be construed as a concurrence with the 
proposed rules.
    While Commissioner Newquist and Commissioner Bragg generally 
support any effort to reduce costs to and burdens on parties and the 
Commission, they are concerned that these proposed rules, if 
adopted, may have the contrary effect, particularly with regard to 
the parties and other interested persons.
    Commissioner Newquist and Commissioner Bragg strongly encourage 
public comment on these proposed rules, whether in support or 
opposition.
    Finally, Commissioner Newquist and Commissioner Bragg note that 
Commission staff prepared rough estimates of the costs and benefits 
of many of the proposed rules herein. These estimates, contained in 
memo INV-S-109, dated August 14, 1995, is available from the 
Secretary's office. Commissioner Newquist and Commissioner Bragg 
welcome public comment on these staff estimates.
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    Several of these changes require amendments to the Commission's 
rules. Accordingly, the Commission is proposing and submitting for 
public comment amendments to its part 201 and 207 rules. Additionally, 
the Commission is proposing to issue as final rules all but one of the 
interim rules that were published in the January 3, 1995, Federal 
Register notice. As explained below, the Commission has proposed 
revisions to some of these 

[[Page 51749]]
rules either in responses to comments received or as a result of its 
independent examination of investigative procedures. Other aspects of 
its independent examination, which are also described in this notice, 
address internal agency procedures which do not require rulemaking to 
implement.
    The Commission has determined that these proposed rules do not meet 
the criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, Oct. 4, 1993) (EO) and thus do not constitute a significant 
regulatory action for purposes of the EO. In accordance with the 
Regulatory Flexibility Act (5 U.S.C. 601 note), the Commission hereby 
certifies pursuant to 5 U.S.C. 605(b) that the rules set forth in this 
notice are not likely to have a significant impact on a substantial 
number of small business entities.

Petition Requirements

Sections 207.10 and 207.11

    The Commission is proposing to amend Secs. 207.10 and 207.11 
concerning the filing and content of antidumping and countervailing 
duty petitions. Section 207.10 is proposed to be revised to require 
petitioners to serve the confidential version of the petition on a 
party representative as soon as a petitioner is notified that that 
representative has had its application for administrative protective 
order (APO) granted. Trade practitioners have expressed the concern 
that party representatives whose APO applications have already been 
approved do not gain access to business proprietary information (BPI), 
and especially the confidential version of the petition, quickly enough 
to prepare for the staff conference and the postconference briefs. The 
proposed amendment would obligate petitioners to serve the confidential 
version of the petition more rapidly than under current practice.
    Two other changes that have been proposed to Sec. 207.10 are 
discussed in more detail below. The first modifies a reference to the 
Commission ``preliminary investigation,'' consistent with the general 
change in terminology discussed below in the section concerning 
investigative activity between the Commission preliminary determination 
and the Department of Commerce (``Commerce'') preliminary 
determination. The second, which deletes the current requirement that 
petitioners file entries of appearance in a final investigation, is 
discussed below in the section concerning entries of appearance.
    The Commission also has proposed extensive amendments to 
Sec. 207.11 concerning the content of antidumping and countervailing 
duty petitions. The first sentence of the current rule, which requires 
a petition to be signed and to identify the petitioner and its 
representatives, will be retained with one grammatical change and will 
be designated Sec. 207.11(a).
    The second sentence of the rule, which requires that a petition 
allege the elements necessary for imposition of antidumping and 
countervailing duty rules and contain information reasonably available 
to the petitioner supporting the allegation, will be designated 
Sec. 207.11(b)(1). The Commission is proposing that the change made to 
this portion of Sec. 207.11 as a result of the interim rulemaking--
deleting a reference to former section 303--be made permanent.
    Paragraph (b)(2) of Sec. 207.11 contains new provisions specifying 
particular information to be included within petitions to the extent 
reasonably available to petitioner. These requirements are not 
currently set forth in either the regulations of the Commission or 
those of Commerce. Each of the provisions is designed to facilitate the 
Commission's ability to conduct investigations under sections 703(a) 
and 733(a) of the Act.
    Several of the provisions are designed to facilitate the 
preparation and dissemination of questionnaires. The requirements that 
the petition identify the proposed domestic like product(s) and 
identify each product on which the Commission should seek information 
in its questionnaires are designed to aid the Commission in preparing 
questionnaires. The requirements that the petition provide complete 
listings of both U.S. producers of the proposed domestic like 
product(s) and U.S. importers of the subject merchandise, including 
information concerning street addresses, phone numbers, and market 
shares (which are not currently required under Commerce's regulations) 
are designed to facilitate prompt dissemination of questionnaires and 
preparation of mailing lists by the Commission staff. (Commission staff 
intends to encourage petitioners additionally to provide such 
information electronically where feasible.) The requirement that the 
petition include a table providing empirical data on factors pertinent 
to the condition of the domestic industry during a period of time prior 
to the filing of the petition, which will encompass three or three and 
one-half calendar years, is designed to enable the Commission to 
consult with Commerce as to the accuracy and adequacy of the 
allegations in the petition concerning material injury by reason of 
allegedly dumped or subsidized imports.
    Other provisions in proposed Sec. 207.11(b)(2) are designed to 
reduce the amount of data that will be requested in questionnaires. 
Because information concerning each petitioner's ten largest U.S. 
customers and lost sales and revenues will now be contained in the 
petition, the Commission will no longer need to request such 
information in the questionnaires it sends to petitioners. U.S. 
producers of the proposed domestic like product who are not petitioners 
will still be requested to provide lost sales and revenue information 
in questionnaires.
    The Commission emphasizes that, consistent with statutory 
requirements, petitioners will only be required to provide information 
that is reasonably available to them. The Commission realizes that, in 
some instances, petitions are filed on behalf of U.S. industries, such 
as those producing agricultural products, that contain so many 
producers that providing a complete listing of U.S. producers would be 
impossible. In other instances, petitioners may not have access to 
financial or trade data concerning every domestic producer. The 
Commission does not intend to require petitioners to provide the types 
of data specified in proposed Sec. 207.11(b)(2) when such data are not 
reasonably available to them. Proposed Sec. 207.11(b)(3) does require, 
however, that when a petitioner is unable to provide a type of 
information specified in Sec. 207.11(b)(2), it certify that that type 
of information is not reasonably available to it.

Investigative Activity Between Commission Preliminary Determination and 
Commerce Preliminary Determination

Sections 207.12, 207.13, 207.14, 207.18 and 207.20

    Several of the comments filed in response to the January 3, 1995, 
Federal Register notice endorsed the proposition that the Commission 
should begin its final antidumping and countervailing duty 
investigations at an earlier date. S&S suggested that the Commission 
begin preparation of its questionnaires for use in the final 
investigation before Commerce issues its preliminary determination, and 
distribute them shortly after the Commerce preliminary determination is 
issued. SSINA proposed that draft questionnaires be circulated to the 
parties two weeks prior to the issuance of the Commerce preliminary 
determination, and that the questionnaires be issued on the date of 

[[Page 51750]]
the Commerce preliminary determination. Flat-Rolled Steel indicated 
that the Commission should institute its final investigation 30 days 
prior to the date that Commerce is scheduled to issue its preliminary 
determination. Pro Trade also endorsed the Commission beginning its 
final investigation before Commerce issued its preliminary 
determination, early issuance of questionnaires, and establishment of a 
period at the outset of the final investigation for the parties to 
identify arguments they intend to raise concerning the appropriate 
domestic like product(s).
    In light of these comments, and as a result of its own internal 
review of antidumping and countervailing duty procedures, the 
Commission is proposing major changes in the way it conducts 
investigative activity between issuance of its preliminary 
determination and the issuance of the Commerce preliminary 
determination. Although section 207.18 currently provides the 
Commission's Director of Operations with the authority to conduct 
investigative activity during this period, the Commission staff does 
not ordinarily engage in extensive investigative activity between the 
time the Commission issues its preliminary determination and the time 
it institutes its final investigation.
    Under the proposed revisions, however, the Commission will continue 
to engage in investigative activity immediately following its 
preliminary determination unless that determination is negative or one 
of negligible imports, in which event the investigation is terminated 
by operation of law. Therefore, section 207.18 is proposed to be 
revised to indicate that, if the Commission's preliminary determination 
is affirmative, it will state in the notice of its determination that 
it publishes in the Federal Register that it will continue its 
investigation to reach a final determination under section 705(b) or 
735(b). This is in contrast to current practice, in which the 
Commission does not ordinarily institute a ``final investigation'' 
until it receives notice of a preliminary affirmative determination by 
Commerce. (Other proposed changes to section 207.18 delete a reference 
to former section 303, make clear that the investigation will terminate 
in the event of a preliminary determination of negligible imports, as 
well as in the event of a negative preliminary determination, and 
delete the last three sentences of the rule, which are superseded by 
proposed Secs. 207.20 and 207.21.)
    Because the Commission will be conducting a continuous 
investigation, it proposes amending its regulations so that they no 
longer refer to discrete ``preliminary'' and ``final'' investigations. 
Of course, the Commission will continue to render discrete preliminary 
and final determinations, as required by statute. The portion of the 
investigation made in connection with the preliminary determination 
will be known as the ``preliminary phase'' of the Commission 
investigation, and the portion of the investigation made in connection 
with the final determination will be known as the ``final phase'' of 
the Commission investigation. The Commission has proposed wording 
changes in Secs. 207.12, 207.13, and 207.14 to reflect this. (Sections 
207.12 and 207.14 will also be revised to delete references to former 
section 303 of the Act.)
    The nature of the investigative activity that the Commission will 
conduct between the time it issues its preliminary determination and 
the time that Commerce issues its preliminary determination is 
specified in proposed Sec. 207.20. (As explained further below, current 
section 207.20 will be renumbered Sec. 207.21 and the succeeding 
sections will be renumbered accordingly.) Under proposed 
Sec. 207.20(a), the Director of Operations will publish in the Federal 
Register a schedule of investigative activities that will take place 
under Sec. 207.20 between the time of the Commission preliminary 
determination and the time of the Commerce preliminary determination. 
The remaining portions of proposed Sec. 207.20 identify the three major 
aspects of this investigative activity.
    First, under proposed Sec. 207.20(b), the Director of Operations 
will circulate to the parties draft questionnaires for the phase that 
the Commission will conduct in connection with its final determination 
no later than 14 days after the Commission transmits its opinion(s) in 
connection with its preliminary determination to Commerce pursuant to 
section 703(f) or 733(f) of the Act. Although the Commission 
investigative staff currently circulates draft final questionnaires to 
the parties for comment, the proposed regulation will formalize this 
process and move it to an earlier point in the investigation.
    Second, under proposed Sec. 207.20(c), the parties will file an 
issues brief with the Commission at the date specified in the Federal 
Register notice, which is to be no later than 28 days before the date 
on which Commerce is scheduled to issue its preliminary determination. 
(The Commission solicits comment on whether the filing of this brief 
should instead be scheduled in relation to the time that the Commission 
transmits its preliminary determination opinion(s) to Commerce, i.e., 
that the brief must be filed no later than 75 days after transmission 
of the Commission preliminary opinion(s).) Although the issues brief 
should contain comments on the draft questionnaires, the Commission 
envisions this brief as being considerably more thorough than the 
informal comments that parties currently file addressing draft 
questionnaires. In the proposed issues brief parties would state their 
position on certain threshold issues (e.g., domestic like product, 
domestic industry, cumulation, negligible imports) and additionally 
identify all issues on which they maintain that the Commission should 
collect data through the questionnaire process and provide a supporting 
rationale indicating why such data are necessary to the investigation. 
The brief should also identify any known sources of information that 
the Commission should consult in connection with such issues. For 
example, if a party intends to argue that the Commission should 
designate multiple domestic like products, or domestic like products 
that differ from those designated by the Commission in its preliminary 
determination, it will be required in its issues brief to identify each 
domestic like product on which the Commission should collect data, and 
to provide the legal and factual basis for its position that such 
domestic like product(s) should be designated.
    Requests for data collection that are not made in the issues brief 
may not be raised subsequently by parties in the investigation. To 
continue the example above, a party that does not request in its issues 
brief that the Commission should designate multiple domestic like 
products and seek information concerning each proposed domestic like 
product in questionnaires may not assert such a request for the first 
time after the Commission has issued its questionnaires. The reason for 
this provision is to ensure that the Commission receives data 
collection requests from parties early enough in an investigation to 
accord it sufficient time to collect data concerning those requests it 
deems appropriate. Particularly in light of the new responsibilities 
the URAA imposes on the Commission to disclose all information to 
parties before the record closes prior to issuance of a final 
determination, Commission staff will generally not have sufficient time 
to generate data when a party does not assert an argument relating to 
or implicating data collection for the first 

[[Page 51751]]
time until a late stage of the investigation such as at the hearing or 
in a prehearing brief.
    Third, under proposed Sec. 207.20(c)(4), within five business days 
of the filing of issues briefs, the Director of Operations will conduct 
a conference concerning the issues raised in the brief. The purpose of 
the conference is to provide a vehicle for the parties to identify and 
discuss, and where possible, agree on threshold issues, such as 
domestic like product, domestic industry, cumulation and negligible 
imports. The conference also should help identify issues that may need 
more specific or different data collection than that contemplated in 
the draft questionnaires. The Commission will retain authority to 
resolve all threshold and data collection issues. These matters, of 
course, will not be formally resolved by the Commission at the time of 
the conference. However, the Commission will give full consideration to 
the outcome of the conference and, to the extent practicable, provide 
guidance to the parties to permit them to focus their attention and 
resources on the significant issues outstanding in the investigation.
    The Commission anticipates that the new procedures proposed in 
Sec. 207.20 will permit it to mail questionnaires within a week of 
issuance of an affirmative preliminary dumping or subsidy determination 
by Commerce. In investigations in which Commerce's preliminary 
determination modifies the scope of the investigation from that stated 
in its notice of initiation, the date of mailing may be delayed.

Notice of Scheduling of Final Phase Investigation

Secs. 201.13 and Renumbered Secs. 207.21, 207.23, 207.24, 207.25, and 
207.29

    As previously stated, under the Commission's ``continuous 
investigation'' proposal, the Commission will institute its final phase 
investigation at the same time it publishes notice of its preliminary 
determination. Neither the Commission's notice of institution nor the 
Director of Operation's scheduling notice under proposed Sec. 207.20(a) 
will be able to contain a complete schedule of activities for the final 
phase investigation. The Commission will not be able to schedule dates 
for all activities until it is aware of the date on which its final 
determination is due. It will not know this date, however, before 
Commerce issues its preliminary determination.
    Accordingly, the Commission is proposing to revise and retitle 
current Sec. 207.20, which is to be renumbered Sec. 207.21. (Because 
the Commission is proposing issuance of a new Sec. 207.20, current 
Secs. 207.20 through 207.29 will be renumbered Secs. 207.21 through 
207.30, respectively). Under the revised rule, upon receipt of an 
affirmative preliminary determination from Commerce, the Commission 
will issue a Final Phase Notice of Scheduling. This notice will contain 
scheduling information equivalent to that provided by the notice of 
institution of a final investigation currently issued under 
Sec. 207.20(b). The Commission is proposing to amend proposed 
renumbered Secs. 207.23 and 207.25 (corresponding respectively to 
current Secs. 207.22 and 207.24) to reference this notice of scheduling 
in lieu of the current references to the notice of institution. (An 
additional amendment proposed for renumbered Sec. 207.23 with respect 
to page limits is discussed separately below.)
    Proposed Sec. 207.21(c) carries forward two provisions in the 
current rules. The first, which now appears in Sec. 207.18, authorizes 
the Director of Operations to continue investigative activity as 
appropriate should Commerce issue a negative preliminary determination. 
The second carries forward a provision currently in Sec. 207.20(b) 
indicating that the Commission investigation shall be terminated if 
Commerce should make a negative final determination.
    Additionally, the Commission is proposing amendments to renumbered 
Secs. 207.21, 207.24, and 207.29 (corresponding respectively to current 
Secs. 207.20, 207.23, and 207.28) to delete references to former 
Sec. 303 of the Act. Further amendments are proposed to Sec. 201.13(m) 
and to renumbered Sec. 207.24 to change cross-references to other 
renumbered sections.

Single Entry of Appearance

Sections 201.11 and 207.10

    To implement its ``continuous investigation'' proposal, the 
Commission is proposing to amend Sec. 201.11(b) governing the filing of 
notices of appearance in antidumping and countervailing duty 
investigations. Under proposed Sec. 201.11(b)(2), a party that files a 
timely notice of appearance during the preliminary phase of an 
investigation need not file any further notices of appearance before 
the Commission in that antidumping or countervailing duty 
investigation. A corresponding change is proposed to Sec. 207.10(a) to 
eliminate the requirement that petitioners file an entry of appearance 
during the final phase of an investigation.
    Additionally, under proposed Sec. 201.11(b)(4) a party will still 
be able to file a notice of appearance as late as 21 days after 
publication in the Federal Register of the Final Phase Notice of 
Scheduling. Nevertheless, a party that does not enter an appearance 
within 60 days after issuance of the Commission's notice of Preliminary 
Determination will be precluded by proposed Sec. 207.20(c)(3) from 
raising issues requiring collection of further data by the Commission 
subsequently in the investigation.

Page Limits

Renumbered Section 207.23

    The current Commission rules impose page limits on postconference 
briefs and posthearing briefs. Interim rule Sec. 207.29(b) promulgated 
on January 3, 1995, imposes page limits for final comments on factual 
information. Additionally, proposed Sec. 207.20(c)(3) would impose a 
50-page limit on issues briefs.
    The one brief that is not currently subject to page limits in 
Commission antidumping and countervailing duty investigations is the 
prehearing brief.
    The Commission proposes that renumbered Sec. 207.23 (corresponding 
to current Sec. 207.22) be amended to impose a 50-page limit on 
prehearing briefs. The 50-page limit would encompass all textual 
material, including attachments that contain textual material. The page 
limit would not apply to nontextual material in briefs (such as a table 
of contents) or exhibits (such as an illustration of a product). The 
Commission's objective in proposing a page limit is to encourage 
parties to present arguments concisely, and to limit argument to those 
issues central to a case. The Commission believes that the new issues 
brief to be submitted pursuant to proposed Sec. 207.20(c)(3) will 
reduce the number of arguments--particularly pertaining to domestic 
like product--that must be presented in the prehearing brief and 
consequently will permit such briefs to be much shorter. The Commission 
also desires to discourage parties from submitting lengthy attachments 
to briefs that merely reiterate the arguments presented in the main 
brief.
    The Commission invites commenters to address whether its proposed 
amendment to renumbered Sec. 207.23 will accomplish these objectives 
while permitting parties ample opportunity to present evidence and 
argument to the Commission. Commenters may further address whether they 
believe that page limits for prehearing briefs should be established at 
a level different from the 

[[Page 51752]]
50-page limit proposed, or whether the Commission should continue not 
to impose page limits on prehearing briefs. The Commission also 
solicits comments on whether practitioners perceive the existing 50-
page limit on postconference briefs and the proposed 50-page limit on 
issues briefs to be helpful and/or useful, whether these limits should 
be modified or eliminated, and whether elimination of the page limit on 
postconference briefs would be likely materially to change the length 
and/or nature of the briefs filed with the Commission.
    The Commission is also proposing to amend the page limit contained 
in current interim rule Sec. 207.29(b). This is described further below 
in the section addressing proposed renumbered Sec. 207.30.

Final Comments

Renumbered Section 207.30

    In the January 3, 1995, interim rulemaking notice, the Commission 
promulgated interim rule Sec. 207.29, a new provision implementing 
Sec. 782(g) of the Act, which was added to the Act by the URAA. Section 
782(g) requires that the Commission, before making a final 
determination in antidumping or countervailing duty investigations or 
review proceedings, cease collecting information and provide parties to 
the proceeding with a final opportunity to comment upon all information 
on which they had not previously had an opportunity to comment. The 
rule states that the Commission will specify a date in final 
antidumping and countervailing duty investigations after the filing of 
posthearing briefs on which it will make available to all parties to 
the investigation all information on which parties have not had an 
opportunity to comment. It further states that the parties will be 
accorded an opportunity to comment on this information, that any 
comments can concern only such information, and that comments may not 
exceed 10 double-spaced pages.
    After consideration of the comments on the interim rule, the 
Commission has decided to propose issuance of interim rule Sec. 207.29 
as a final rule, to be renumbered Sec. 207.30, with two substantive 
changes. The first change simply clarifies that the ``24-hour rule'' 
governing final bracketing of BPI pertains to comments filed under rule 
207.30. The second change pertains to the page limits on the comments 
to be submitted under Sec. 207.30(b). Additionally, the cross-
references in the rule to other provisions that have been renumbered 
will be revised.
    Comments on the interim rule focused on three areas. First, several 
commenters addressed the type of material that they believe the 
Commission should release in the disclosure process required by interim 
rule Sec. 207.29(a). Pro Trade, SSINA, Quebec and S&S all asserted that 
final versions of the staff report, the economic memorandum, and other 
non-privileged memoranda that staff prepare for the Commission or 
individual Commissioners should be released to the parties.
    The Commission currently contemplates that a final version of the 
staff report, which will incorporate material that is currently 
presented in other non-privileged staff memoranda such as the economics 
memorandum and the financial memorandum on variance analysis, will be 
released to the parties under APO approximately five days before final 
comments under subsection (b) of the interim rule will be due, which 
will be approximately four days before the Commission's public briefing 
and vote. (The Commission is also continuing to explore release of a 
public version of the staff report prior to the time that final 
comments are due, as sought by S&S and SSINA. The Commission does not 
contemplate that this will be feasible in all investigations, however, 
depending on unresolved issues of data confidentiality.) Although the 
five-day period is shorter than that requested by commenters Quebec and 
SSINA, the Commission believes that earlier release of the staff report 
will not provide it sufficient time to investigate information obtained 
at the hearing, and that establishing the deadline for comments at a 
later time would not provide it sufficient time to analyze the comments 
and the record prior to the vote or to prepare its determination. 
Moreover, the Commission does not believe that promulgating regulations 
requiring release of the staff report to the parties at a specific 
point in the investigation is appropriate or necessary, particularly 
before it has developed experience in implementing the requirements of 
section 782(g) of the Act.
    Several comments also responded to the inquiry posed by the 
Commission in the preamble to its January 3, 1995, interim rulemaking 
notice as to whether the Commission should adopt a procedure for 
multiple-stage comments. Those commenters who addressed the issue--Pro 
Trade, SSINA, and S&S--uniformly opposed such a procedure. The 
Commission agrees that there is insufficient time in antidumping and 
countervailing duty investigations for a multiple-stage comment 
process. The proposed rule consequently retains the single-stage 
comment procedure of the current interim rule.
    The third area addressed by commenters concerns the 10-page limit 
for final comments specified in interim rule Sec. 207.29(b). Flat-
Rolled Steel contended that this limit was too restrictive and should 
be set at 25 pages; SSINA proposed that all respondents be required to 
submit a single joint brief of the same length as the petitioner's. The 
Commission does not believe that SSINA's proposal is workable in light 
of the short deadlines involved.
    In response to Flat-Rolled Steel's comment, the Commission 
emphasizes that the final comments will be very limited in scope. The 
Commission intends to release factual information under APO very 
promptly after receipt. (It does not agree with Flat-Rolled Steel, 
however, that the timing of APO releases is an appropriate subject for 
rulemaking.) Consequently, the Commission anticipates that the parties 
will receive a limited amount of new factual information subsequent to 
filing of the posthearing brief which may be discussed in the final 
comments. The Commission therefore contemplates that such comments will 
be quite concise. Nevertheless, the Commission is concerned that the 
10-page limit established in the interim rule may be too restrictive. 
It is therefore proposing that this page limit be set at 15 pages.

Proprietary Information

Sections 201.6 and 207.7

    The Commission is proposing amendments to some of its regulations 
pertaining to submission and disclosure of proprietary information. 
Section 201.6 is proposed to be revised expressly to allow parties and 
the Commission publicly to discuss confidential statistics in 
nonquantitative characterizations unless the submitter provides good 
cause for confidential treatment of such characterizations. In 
particular, the revision would permit the discussion of trends in such 
statistics, e.g., whether the difference between two confidential 
figures shows an increase or a decrease. This revision would apply only 
to confidential business information (CBI) and BPI submitted in 
numerical form; textual CBI and BPI would not be disclosed in any form. 
Moreover, if the submitter makes a claim for confidential treatment of 
trend information, such information must be treated as confidential 
until or unless the Secretary rejects the claim of confidentiality 
pursuant to section 201.6.
    The proposed revision would address a concern expressed by 
practitioners 

[[Page 51753]]
that the Commission's definition of CBI and BPI may overly restrict use 
of such information. The Commission requests comment concerning the 
practical effects of the proposed revision in circumstances where some 
but not all firms request that their trend data be kept confidential.
    The Commission is additionally proposing to revise the procedure in 
Sec. 201.6(f) for filing and handling appeals from approval by the 
Secretary of requests for confidential treatment. Section 201.6(f) as 
currently in effect requires that an appeal must comply with certain 
rules applicable to requests under the Freedom of Information Act 
(FOIA). This connection with the FOIA rules creates an unnecessary 
step, inasmuch as the Secretary has already acted upon the matter. The 
proposed amendment to Sec. 201.6(f) would establish a procedure for 
appeals from approvals of requests for confidential treatment that 
essentially parallels the procedure now specified in Sec. 201.6(e) for 
appeals from denials of such requests.
    Another proposed revision to section 201.6 would use the term 
``nondisclosable confidential business information'' to describe BPI 
not subject to disclosure under APO pursuant to section 777(c)(1)(A) of 
the Act. Corresponding revisions to Sec. 207.7(a)(1), (f)(2), and (g) 
would clarify the procedure for submitting such information.
    Another proposed change to Sec. 207.7 relates to the proposed 
amendment to Sec. 201.11 discussed above. Section 207.7(a)(2) currently 
states that, when an APO application has been approved with respect to 
applicants representing an interested party, additional applicants 
representing that party may file applications after the deadline for 
entries of appearance but no later than five days before the deadline 
for filing posthearing briefs in the investigation, or before the 
deadline for filing briefs in a preliminary investigation. The purpose 
of the five day deadline(s) is to finalize service lists before 
interested parties must file and serve their briefs. Accordingly, the 
proposed amendment to Sec. 207.7(a)(2) indicates that APO applications 
for additional applicants must also be filed no later than five days 
before the deadline for filing issues briefs pursuant to proposed rule 
Sec. 207.20(c)(3). Additionally, Sec. 207.7(b)(2) and (b)(4) will be 
amended to refer to ``the preliminary phase of an investigation'' in 
lieu of ``preliminary investigation.''

``24-Hour'' Rule

Section 207.3

    The Commission is proposing to amend the ``24-hour'' rule governing 
final bracketing of BPI, to clarify absolutely that the only changes 
that may be made in the 24-hour BPI version of documents are changes in 
bracketing and deletion of BPI. Any other changes, including 
typographical changes, are not allowed unless the Commission grants an 
extension of time to file an amended document pursuant to rule 
Sec. 201.14(b)(2). In several instances, parties have made changes 
other than those affecting bracketing and deletion of BPI in the briefs 
filed under this rule, in some instances triggering an investigation 
into whether there was a violation of the 24-hour rule. The proposed 
amended language to Sec. 207.3(c) is intended to obviate similar 
misinterpretations of the rule. An additional amendment is proposed to 
Sec. 207.3(b) to revise a cross-reference to a renumbered regulation.

Opportunity for Nonparty Participation

Section 207.9

    The URAA added a new section 777(h) to the Act, which requires the 
Commission to provide an opportunity for industrial users of subject 
merchandise, and, if the merchandise is sold at the retail level, 
representative consumer organizations, to submit relevant information 
concerning material injury by reason of subject imports. The Commission 
is proposing to add a new Sec. 207.9 to the Commission rules to 
implement the requirement of section 777(h) that industrial users and 
consumer organizations be provided an opportunity to participate in 
Commission antidumping and countervailing duty investigations. Proposed 
Sec. 207.9, like section 777(h), does not, however, confer interested 
party status on industrial users and consumer organizations. Unless 
such entities qualify as interested parties under section 771(9) of the 
Act, they do not have the rights that the Act and the Commission rules 
afford to interested parties.

Other Conforming Changes

Sections 207.1, 207.2, 207.8, and 207.40

    In its January 3, 1995, notice of interim rulemaking, the 
Commission made amendments to Secs. 207.1, 207.2(e), 207.8, 207.10, 
207.11, and 207.40 to conform these provisions with the URAA. The only 
one of these amendments which was the subject of comment was the 
amendment to section 207.8, which states that the Commission may use 
``facts otherwise available'' whenever any party or any other person 
fails to respond adequately to a subpoena or refuses or is unable to 
produce information in a timely manner and in the form required, or 
otherwise significantly impedes an investigation. Pro Trade suggested 
the Commission amend the regulation to limit the instances in which the 
Commission would use ``facts otherwise available.'' The Commission 
believes, however, that the interim regulation conforms to the statute 
as drafted.
    Accordingly, the Commission proposes issuance in final form of 
Secs. 207.1, 207.2(e), 207.8, and 207.40, as these provisions were 
amended in the January 3, 1995, notice of interim rulemaking. As 
discussed above, the Commission has proposed further amendments to 
sections 207.10 and 207.11.
    In the January 3, 1995, notice of interim rulemaking, the 
Commission additionally promulgated a new Sec. 207.46 for 
investigations under section 753 of the Act. Several comments 
concerning this interim rule address matters which also implicate the 
type of procedures the Commission should establish for ``sunset'' 
reviews under section 751(c) of the Act. The instant rulemaking has 
focused primarily on implementing changes to procedures in final 
Commission antidumping and countervailing duty investigations required 
by the URAA, and the Commission is not prepared to address the question 
of ``sunset'' reviews at this time. Consequently, the Commission is not 
proposing in the instant rulemaking proceeding to issue Sec. 207.46 in 
final form. Section 207.46 will remain in effect as an interim rule.

Comments

    The Commission solicits comments on the proposed amendments to its 
part 201 and 207 rules, as well as the proposed changes to its internal 
procedures concerning antidumping and countervailing duty 
investigations described above. Such comments should be filed within 75 
days of publication of this notice in the Federal Register.
    The Commission also solicits comments on several proposed changes 
to its procedures in antidumping and countervailing duty investigations 
that it is contemplating which do not require, and are not related to, 
changes in the Commission's rules. The Commission is particularly 
interested in commenters' views concerning whether the proposals serve 
the objectives of: (1) promoting transparency; (2) promoting 
consistent, well-supported and legally 

[[Page 51754]]
defensible determinations; (3) minimizing burdens to all participants; 
and (4) minimizing cost of process to the Commission. These changes are 
as follows:
    1. Preliminary phase investigation conferences. As in hearings held 
in conjunction with final phase investigations, allow questioning by 
opposing parties; the time spent on questions (but not responses) and 
rebuttal/closing statements would come out of overall time allocations.
    2. Questionnaires. Adopt a new format for and revise the basic 
content of Commission questionnaires to reduce respondent burden and 
better tailor questions to investigative issues. Copies of the proposed 
new generic producer, importer, and purchaser questionnaires may be 
obtained for comment from the Commission's Office of Investigations 
(202-205-3160). Representative of the changes being proposed, the new 
producer questionnaire is about half the length of the current one and 
incorporates the following changes:
    a. The questionnaire would be in two parts, the first consisting of 
general instructions/definitions, and the second consisting of the data 
requests (a transmittal letter, a ``fact sheet'' on Title VII 
investigations, and the Commission's institution notice would also 
accompany each questionnaire);
    b. Questions on capacity, production, shipments, inventories, 
channels of distribution, and employment are combined onto one page;
    c. Current questions seeking employment and financial data on 
overall establishment operations are eliminated (certain overall 
establishment financial data requests may be added if deemed necessary 
by the Commission, or if respondents are unable to provide product-line 
data);
    d. Only the total quantity and value of sales are requested for 
questions seeking pricing data for particular products, as opposed to 
that information plus largest sale value, quantity, and shipping costs 
in current questionnaires (this proposal initially applies to 
questionnaires for preliminary phase investigations; it may be 
appropriate to request more information in final phase investigations 
if deemed necessary by the Commission); and
    e. The current requests for lost sales and revenue allegations are 
eliminated in questionnaires sent in preliminary phase investigations 
to petitioners, and eliminated altogether in questionnaires for final 
phase investigations. As explained above, petitioners would be required 
to furnish their allegations in the petition, thus allowing the 
Commission more time to investigate them.
    The new producer questionnaire for use in preliminary phase 
investigations contains provisions for providing certain information to 
Commerce, on its request, if it has questions concerning domestic 
industry support for the petition. Questionnaires for final phase 
investigations would not contain those provisions.
    The Commission also solicits comments on other possible changes to 
questionnaires, such as: (1) requesting only half-year ``interim-
period'' data as opposed to the current practice of requesting 
quarterly interim-period data; (2) electronic transmission, 
preparation, and submission of questionnaires; (3) a mechanism that 
would allow firms to not repeat information provided in preliminary 
questionnaires in final questionnaires if the questions are the same 
and the information originally provided was correct; and (4) increased 
use of sampling in developing mailing lists of questionnaire recipients 
in appropriate circumstances (i.e., agricultural domestic industry with 
multiple producers).
    Finally, the Commission will endeavor to increase coordination and 
cooperation with the Department of Commerce with respect to data 
collection, such as exploring the possibility of ``piggy-backing'' on 
Commerce's questionnaire to collect foreign-industry data directly from 
the exporting companies investigated by Commerce, and using joint 
telegrams to U.S. embassies.
    3. Briefing. The Commission solicits comments on its proposed plans 
to reduce by two days the period between the Commission hearing and the 
submission of posthearing briefs in order to provide the Commission 
more time to consider these briefs, prior to the closing of the record. 
In particular, the Commission solicits comments on how significantly 
this scheduling change will affect the parties' ability to prepare 
their posthearing briefs, including responding to Commissioners' and 
Commission staff's questions from the hearing.
    4. Reports. Eliminate the separate financial memorandum on variance 
analysis and incorporate the analysis into staff reports when 
appropriate.
    Eliminate the separate economics memorandum and incorporate the 
analysis into staff reports.
    Release the public version of the staff report to parties at the 
conclusion of the investigation but publish only the Commission's 
determination and Commissioners' opinions. Determinations and opinions 
are currently made available electronically on the Internet. As soon as 
certain technical problems related to the transmission of graphic 
presentations are resolved, the Commission would make public versions 
of reports similarly available.
    The Commission also solicits comments on whether or not it is 
useful to parties and/or the public to include its own and Commerce's 
Federal Register notices and conference/hearing witness lists in staff 
reports, and whether the public version of the staff report should 
continue to be included in its published report.
    5. Verification policies. The Commission solicits comments on the 
following policies related to on-site verification of data received 
during the course of investigations:
    a. General--Verifications will normally be conducted in final phase 
investigations. In preliminary phase Title VII investigations, no on-
site verifications will be attempted except under exceptional 
circumstances.
    b. Questionnaire type--The extent and scope of the on-site 
verification efforts will focus mainly on producer questionnaire 
responses, with verifications of importer, purchaser, and foreign 
producer questionnaire responses as appropriate.
    c. Company selection--The guidelines for the selection of companies 
to be verified is documented in the updated Verification Handbook. The 
criteria include such factors as inclusion of the petitioner(s), market 
share, data discrepancies, and submissions from APO parties.
    d. Scheduling of the verification--Best efforts will be made to 
complete producer questionnaire verifications and formally release 
Verification Reports to APO parties and the Commission prior to the 
hearing date.
    e. Procedures--The verification covers all questionnaire data, 
including trade, production, employment, pricing, and financial data. 
The Verification Handbook covers the detailed procedures for the on-
site verification of companies.
    f. Verification report--A detailed verification report will be 
prepared after verification. The report, which will be signed and 
dated, will indicate both the verification procedures utilized as well 
as the results. Additional information collected at verification may be 
included in the report. Dating and initialing the Verification Handbook 
is not necessary, but may be done in verifications involving new 
Commission auditors.
    g. Documentation--The collection of company documents will only be 

[[Page 51755]]
    undertaken when such documents are believed necessary to document 
contested, complex, or questionable information submitted to the 
Commission. Supporting documentation will not be obtained solely for 
the purpose of documenting a data check. All documents obtained at 
verification will become exhibits to the verification report.
    h. Commerce--In cases where Commerce has verified data submitted by 
an importer which is also the subject of a Commission verification, 
Commerce's verification report will be reviewed for information that 
may be useful.
    i. Participants--Verifications will be conducted by auditors. Other 
team members or Commission staffers also may participate.

List of Subjects

19 CFR Part 201

    Administrative practice and procedure, Investigations, Imports.

19 CFR Part 207

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

    For the reasons stated in the preamble, 19 CFR parts 201 and 207 
are proposed to be amended as set forth below:

PART 201--[AMENDED]

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: Sec. 335 of the Tariff Act of 1930 (19 U.S.C. 1335) 
and sec. 603 of the Trade Act of 1974 (19 U.S.C. 2482), unless 
otherwise noted.

    2. Paragraphs (a), (b), and (f) of Sec. 201.6 are revised to read 
as follows:


Sec. 201.6  Confidential business information.

    (a) Definitions. (1) Confidential business information is 
information which concerns or relates to the trade secrets, processes, 
operations, style of works, or apparatus, or to the production, sales, 
shipments, purchases, transfers, identification of customers, 
inventories, or amount or source of any income, profits, losses, or 
expenditures of any person, firm, partnership, corporation, or other 
organization, or other information of commercial value, the disclosure 
of which is likely to have the effect of either impairing the 
Commission's ability to obtain such information as is necessary to 
perform its statutory functions, or causing substantial harm to the 
competitive position of the person, firm, partnership, corporation, or 
other organization from which the information was obtained, unless the 
Commission is required by law to disclose such information. The term 
``confidential business information'' includes ``proprietary 
information'' within the meaning of Sec. 777(b) of the Tariff Act of 
1930 (19 U.S.C. 1677f(b)). Nonnumerical characterizations of numerical 
confidential business information (e.g. discussion of trends) will be 
treated as confidential business information only at the request of the 
submitter for good cause shown.
    (2) Nondisclosable confidential business information is privileged 
information, classified information, or specific information of a type 
for which there is a clear and compelling need to withhold from 
disclosure. Special rules for the handling of such information are set 
out in Sec. 207.7 of this chapter.
    (b) Procedure for submitting business information in confidence. 
(1) A request for confidential treatment of business information shall 
be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436, and shall indicate 
clearly on the envelope that it is a request for confidential 
treatment.
    (2) In the absence of good cause shown, any request relating to 
material to be submitted during the course of a hearing shall be 
submitted at least three (3) working days prior to the commencement of 
such hearing.
    (3) With each submission of, or offer to submit, business 
information which a submitter desires to be treated as confidential 
business information, under paragraph (a) of this section, the 
submitter shall provide the following, which may be disclosed to the 
public:
    (i) A written description of the nature of the subject information;
    (ii) A justification for the request for its confidential 
treatment;
    (iii) A certification in writing under oath that substantially 
identical information is not available to the public;
    (iv) A copy of the document:
    (A) Clearly marked on its cover as to the pages on which 
confidential information can be found;
    (B) With information for which confidential treatment is requested 
clearly identified by means of brackets; and
    (C) With information for which nondisclosable confidential 
treatment is requested clearly identified by means of double brackets 
(except when submission of such document is withheld in accord with 
paragraph (b)(4) of this section); and
    (v) A nonconfidential copy of the documents as required by 
Sec. 201.8(d).
    (4) The submission of the documents itemized in paragraph (b)(3) of 
this section will provide the basis for rulings on the confidentiality 
of submissions, including rulings on the confidentiality of submissions 
offered to the Commission which have not yet been placed under the 
possession, control, or custody of the Commission. The submitter has 
the option of providing the business information for which confidential 
treatment is sought at the time the documents itemized in paragraph 
(b)(3) of this section are provided or of withholding them until a 
ruling on their confidentiality has been issued.
* * * * *
    (f) Appeals from approval of confidential treatment. (1) For good 
cause shown, the Commission may grant an appeal from an approval by the 
Secretary of a request for confidential treatment of a submission. Any 
appeal filed shall be addressed to the Chairman, United States 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, shall show that a copy thereof has been served upon the 
submitter, and shall clearly indicate that it is a confidential 
submission appeal. An appeal may be made within twenty (20) days of the 
approval by the Secretary of a request for confidential treatment or 
whenever the approval or denial has not been forthcoming within ten 
(10) days (excepting Saturdays, Sundays, and Federal legal holidays) of 
the receipt of a confidential treatment request, unless an extension 
notice in writing with the reasons therefor has been provided the 
person requesting confidential treatment.
    (2) An appeal will be decided within twenty (20) days of its 
receipt (excepting Saturdays, Sundays, and Federal legal holidays) 
unless an extension notice, in writing with the reasons therefor, has 
been provided the person making the appeal.
* * * * *
    3. Paragraph (b) of Sec. 201.11 is revised to read as follows:


Sec. 201.11  Appearance in an investigation as a party

* * * * *
    (b) Time for filing. (1) Except in the case of investigations 
conducted under part 207 of this chapter, each entry of appearance 
shall be filed with the Secretary not later than twenty-one (21) days 
after publication of the Commission's notice of investigation in the 
Federal Register.
    (2) In the case of investigations conducted under Subpart B of part 
207 of this chapter, each entry of appearance shall be filed with the 
Secretary not 

[[Page 51756]]
later than seven (7) days after publication of the Commission's notice 
of investigation in the Federal Register. A party that files a notice 
of appearance during such time need not file an additional notice of 
appearance during the investigation conducted under subpart C of part 
207 of this chapter.
    (3) In the case of investigations conducted under subpart C of part 
207 of this chapter, a party may file an entry of appearance within 
sixty (60) days of issuance of the notice of preliminary determination 
in the Federal Register. A party that does not file a notice of 
appearance by such time will be precluded pursuant to Sec. 207.20(c)(3) 
from raising issues requiring collection of further data by the 
Commission subsequently in the investigation.
    (4) Notwithstanding paragraphs (b)(2) and (b)(3) of this section, a 
party may file an entry of appearance in the investigation conducted 
under subpart C of part 207 of this chapter during the twenty-one (21) 
days following publication in the Federal Register of the Final Phase 
Notice of Scheduling described in Sec. 207.21 of this chapter.
* * * * *
    4. Paragraph (m) of Sec. 201.13 is revised to read as follows:


Sec. 201.13  Conduct of nonadjudicative hearings.

* * * * *
    (m) Closed sessions. (1) Upon a request filed by a party to the 
investigation no later than seven (7) days prior to the date of the 
hearing (or three (3) days prior to the date of a conference conducted 
under Sec. 207.15 of this chapter) that:
    (i) Identifies the subjects to be discussed;
    (ii) Specifies the amount of time requested; and
    (iii) Justifies the need for a closed session with respect to each 
subject to be discussed, the Commission (or the Director, as defined in 
Sec. 207.2(c) of this chapter, for a conference under Sec. 207.15 of 
this chapter) may close a portion of a hearing (or conference under 
Sec. 207.15 of this chapter) held in any investigation in order to 
allow such party to address confidential business information, as 
defined in Sec. 201.6, during the course of its presentation.
    (2) In addition, during each hearing held in an investigation 
conducted under Sec. 202 of the Trade Act, as amended, or in an 
investigation under title VII of the Tariff Act as provided in 
Sec. 207.24 of this chapter, following the public presentation of the 
petitioner(s) and that of each panel of respondents, the Commission 
will, if it deems it appropriate, close the hearing in order to allow 
Commissioners to question parties and/or their representatives 
concerning matters involving confidential business information.

PART 207--[AMENDED]

    5. The authority citation for part 207 is revised to read as 
follows:

    Authority: 19 U.S.C. 1336, 1671-1677n, 2482, 3513.

    6. Paragraphs (b) and (c) of Sec. 207.3 are revised to read as 
follows:


Sec. 207.3  Service, filing, and certification of documents.

* * * * *
    (b) Service. Any party submitting a document for inclusion in the 
record of the investigation shall, in addition to complying with 
Sec. 201.8 of this chapter, serve a copy of each such document on all 
other parties to the investigation in the manner prescribed in 
Sec. 201.16 of this chapter. If a document is filed before the 
Secretary's issuance of the service list provided for in Sec. 201.11 of 
this chapter or the administrative protective order list provided for 
in Sec. 207.7, the document need not be accompanied by a certificate of 
service, but the document shall be served on all appropriate parties 
within two (2) days of the issuance of the service list or the 
administrative protective order list and a certificate of service shall 
then be filed. Notwithstanding Sec. 201.16 of this chapter, petitions, 
briefs, and testimony filed by parties pursuant to Secs. 207.10, 
207.15, 207.23, 207.24, and 207.25 shall be served by hand or, if 
served by mail, by overnight mail or its equivalent. Failure to comply 
with the requirements of this rule may result in removal from status as 
a party to the investigation. The Commission shall make available to 
all parties to the investigation a copy of each document, except 
transcripts of conferences and hearings, business proprietary 
information, privileged information, and information required to be 
served under this section, placed in the record of the investigation by 
the Commission.
    (c) Filing. Documents to be filed with the Commission must comply 
with applicable rules, including Sec. 201.8 of this chapter. If the 
Commission establishes a deadline for the filing of a document, and the 
submitter includes business proprietary information in the document, 
the submitter is to file and, if the submitter is a party, serve the 
business proprietary version of the document on the deadline and may 
file and serve the nonbusiness proprietary version of the document no 
later than one business day after the deadline for filing the document. 
The business proprietary version shall enclose all business proprietary 
information in brackets and have the following warning marked on every 
page: ``Bracketing of BPI not final for one business day after date of 
filing.'' The bracketing becomes final one business day after the date 
of filing of the document, i.e., at the same time as the nonbusiness 
proprietary version of the document is due to be filed. Until the 
bracketing becomes final, recipients of the document may not divulge 
any part of the contents of the document to anyone not subject to the 
administrative protective order issued in the investigation. If the 
submitter discovers it has failed to bracket correctly, the submitter 
may file a corrected version or portion of the business proprietary 
document at the same time as the nonbusiness proprietary version is 
filed. No changes to the document other than bracketing and deletion of 
business proprietary information, including typographical changes, are 
permitted after the deadline unless an extension of time is granted to 
file an amended document pursuant to section 201.14(b)(2). Failure to 
comply with this paragraph may result in the striking from the record 
of all or a portion of a submitter's document.
    7. Paragraphs (a), (f)(2), (f)(3), and (g) of Sec. 207.7 are 
revised to read as follows:


Sec. 207.7  Limited disclosure of certain business proprietary 
information under administrative protective order.

    (a) (1) Disclosure. Upon receipt of a timely application filed by 
an authorized applicant, as defined in paragraph (a)(3) of this 
section, which describes in general terms the information requested, 
and sets forth the reasons for the request (e.g., all business 
proprietary information properly disclosed pursuant to this section for 
the purpose of representing an interested party in investigations 
pending before the Commission), the Secretary shall make available all 
business proprietary information contained in Commission memoranda and 
reports and in written submissions filed with the Commission at any 
time during the investigation (except nondisclosable confidential 
business information) to the authorized applicant under an 
administrative protective order described in paragraph (b) of this 
section. The term ``business proprietary information'' has the same 
meaning as the term ``confidential business information'' as defined in 
Sec. 201.6 of this chapter.
    (2) Application. An application under paragraph (a)(1) of this 
section must be made by an authorized applicant on a 

[[Page 51757]]
form adopted by the Secretary or a photocopy thereof. An application on 
behalf of a petitioner, a respondent, or another party must be made no 
later than the time that entries of appearance are due pursuant to 
Sec. 201.11 of this chapter. In the event that two or more authorized 
applicants represent one interested party who is a party to the 
investigation, the authorized applicants must select one of their 
number to be lead authorized applicant. The lead authorized applicant's 
application must be filed no later than the time that entries of 
appearance are due. Provided that the application is accepted, the lead 
authorized applicant shall be served with business proprietary 
information pursuant to paragraph (f) of this section. The other 
authorized applicants representing the same party may file their 
applications after the deadline for entries of appearance but at least 
five (5) days before the deadline for filing posthearing briefs in the 
investigation, the deadline for filing the brief required by 
Sec. 207.20(c), or the deadline for filing briefs in the preliminary 
phase of an investigation, and shall not be served with business 
proprietary information.
    (3) Authorized applicant. (i) Only an authorized applicant may file 
an application under this subsection. An authorized applicant is:
    (A) An attorney for an interested party which is a party to the 
investigation;
    (B) A consultant or expert under the direction and control of a 
person under paragraph (a)(3)(i)(A) of this section;
    (C) A consultant or expert who appears regularly before the 
Commission and who represents an interested party which is a party to 
the investigation; or
    (D) A representative of an interested party which is a party to the 
investigation, if such interested party is not represented by counsel.
    (ii) In addition, an authorized applicant must not be involved in 
competitive decisionmaking for an interested party which is a party to 
the investigation. Involvement in ``competitive decisionmaking'' 
includes past, present, or likely future activities, associations, and 
relationships with an interested party which is a party to the 
investigation that involve the prospective authorized applicant's 
advice or participation in any of such party's decisions made in light 
of similar or corresponding information about a competitor (pricing, 
product design, etc.).
    (4) Forms and determinations. (i) The Secretary may adopt, from 
time to time, forms for submitting requests for disclosure pursuant to 
an administrative protective order incorporating the terms of this 
rule. The Secretary shall determine whether the requirements for 
release of information under this rule have been satisfied. This 
determination shall be made concerning specific business proprietary 
information as expeditiously as possible but in no event later than 
fourteen (14) days from the filing of the information, or seven (7) 
days in the preliminary phase of an investigation, except if the 
submitter of the information objects to its release or the information 
is unusually voluminous or complex, in which case the determination 
shall be made within thirty (30) days from the filing of the 
information, or ten (10) days in the preliminary phase of an 
investigation. The Secretary shall establish a list of parties whose 
applications have been granted. The Secretary's determination shall be 
final for purposes of review by the U.S. Court of International Trade 
under Sec. 777(c)(2) of the Act.
    (ii) Should the Secretary determine pursuant to this section that 
materials sought to be protected from public disclosure by a person do 
not constitute business proprietary information or were not required to 
be served under paragraph (f) of this section, then the Secretary 
shall, upon request, issue an order on behalf of the Commission 
requiring the return of all copies of such materials served in 
accordance with paragraph (f) of this section.
    (iii) The Secretary shall release business proprietary information 
only to an authorized applicant whose application has been accepted and 
who presents the application along with adequate personal 
identification; or a person described in paragraph (b)(1)(iv) of this 
section who presents a copy of the statement referred to in that 
paragraph along with adequate personal identification.
    (iv) An authorized applicant granted access to business proprietary 
information in the preliminary phase of an investigation may, subject 
to paragraph (c) of this section, retain such business proprietary 
information during any final phase of that investigation, provided that 
the authorized applicant has not lost his authorized applicant status 
(e.g., by terminating his representation of an interested party who is 
a party). When retaining business proprietary information pursuant to 
this paragraph, the authorized applicant need not file a new 
application in the final phase of the investigation, but shall list in 
a submission to the Commission in the final phase of the investigation 
the authorized applicants in the same firm and the persons employed or 
supervised by the authorized applicant who continue to participate in 
the investigation.
* * * * *
    (f) Service. * * *
    (2) If a party's request under paragraph (g) of this section is 
granted, the Secretary shall accept the information exempt from 
disclosure into the record. The party shall serve the submission 
containing such information in accordance with the requirements of 
Sec. 207.3(b) and paragraph (f)(1) of this section, with the 
information redacted from the copies served.
    (3) The Secretary shall not accept for filing into the record of an 
investigation submissions filed without a proper certificate of 
service. Failure to comply with paragraph (f) of this section may 
result in denial of party status and such sanctions as the Commission 
deems appropriate. Business proprietary information in submissions must 
be dealt with as required by Sec. 207.3(c).
    (g) Exemption from disclosure. (1) In general. Any person may 
request exemption from the disclosure of business proprietary 
information under administrative protective order, whether the person 
desires to include such information in a petition filed under 
Sec. 207.10 of this chapter, or any other submission to the Commission 
during the course of an investigation. Such a request shall only be 
granted if the Secretary finds that such information is nondisclosable 
confidential business information as defined in Sec. 201.6(a)(2) of 
this chapter. The request will be granted or denied not later than 
thirty (30) days (ten (10) days in a preliminary phase investigation) 
after the date on which the request is filed.
    (2) Request for exemption. A request for exemption from disclosure 
must be filed with the Secretary in writing with the reasons therefor. 
At the same time as the request is filed, one copy of the business 
proprietary information in question must be lodged with the Secretary 
solely for the purpose of obtaining a determination as to the request. 
The business proprietary information for which exemption from 
disclosure is sought shall remain the property of the requester, and 
shall not become or be incorporated into any agency record until such 
time as the request is granted. A request should, when possible, be 
filed two business days prior to the deadline, if any, for filing the 
document in which the information for which exemption from disclosure 
is sought is proposed to be included. If the request is denied, the 
copy of the information lodged with the Secretary shall promptly be 
returned to the requester. Such a request shall only 

[[Page 51758]]
be granted if the Secretary finds that such information is privileged 
information, classified information, or specific information of a type 
for which there is a clear and compelling need to withhold from 
disclosure. The Secretary shall promptly notify the requester as to 
whether the request has been approved or denied.
    (3) Procedure if request is approved. If the request is approved, 
the person shall file three versions of the submission containing the 
nondisclosable confidential business information in question. One 
version shall contain all business proprietary information, bracketed 
in accordance with Secs. 201.6 and 207.3 of this chapter. The other two 
versions shall conform to and be filed in accordance with the 
requirements of Secs. 201.6 and 207.3 of this chapter, except that the 
specific information as to which exemption from disclosure was granted 
shall be redacted from the submission.
    (4) Procedure if request is denied. If the request is denied, the 
copy of the information lodged with the Secretary shall promptly be 
returned to the requester. The requester may file the submission in 
question without that information, in accordance with the requirements 
of Sec. 207.3.
    8. A new Sec. 207.9 is added to subpart A to read as follows:


Sec. 207.9  Opportunity for nonparty participation.

    In any investigation conducted under this part, the Commission 
shall provide an opportunity for industrial users, and, if the 
merchandise is sold at the retail level, for representative consumer 
organizations, to submit relevant information to the Commission 
concerning material injury by reason of dumped or subsidized imports. 
Each notice published in the Federal Register in connection with an 
investigation conducted under this Part shall include a statement 
informing industrial users and consumer organizations of the 
opportunity to participate in the investigation.
    9. Section 207.12 is revised to read as follows:


Sec. 207.12  Notice of preliminary phase of investigation.

    Upon receipt by the Commission of a petition under Sec. 207.10 or 
receipt of notice that the administering authority has commenced an 
investigation under section 702(a) or section 732(a) of the Act, the 
Director shall, as soon as practicable after consultation with the 
administering authority, institute an investigation and commence the 
preliminary phase of the investigation under section 703(a) or section 
733(a) of the Act and shall publish a notice to that effect in the 
Federal Register.
    10. Section 207.13 is revised to read as follows:


Sec. 207.13  Cooperation with administering authority; preliminary 
phase of investigation.

    Subsequent to institution of an investigation pursuant to 
Sec. 207.12, the Director shall conduct such investigation as he deems 
appropriate. Information adduced in the investigation shall be placed 
on the record. The Director shall cooperate with the administering 
authority in its determination of the sufficiency of a petition and in 
its decision whether to permit any proposed amendment to a petition. 
Notwithstanding Secs. 201.11(c) and 201.14(b) of this chapter, late 
filings in the preliminary phase of an investigation shall be referred 
to the Director, who shall determine whether to accept such filing for 
good cause shown by the person making the filing.
    11. Section 207.14 is revised to read as follows:


Sec. 207.14  Negative petition determination.

    Upon receipt by the Commission of notice from the administering 
authority under section 702(d) or section 732(d) of the Act that the 
administering authority has made a negative petition determination 
under section 702(c)(3) or section 732(c)(3) of the Act, the 
investigation begun pursuant to Sec. 207.12 shall terminate. The 
Director shall notify all persons who have received requests for 
information from him of the termination.
    12. Section 207.18 is revised to read as follows:


Sec. 207.18  Notice of preliminary determination.

    Whenever the Commission makes a preliminary determination, the 
Secretary shall serve copies of the determination and a public version 
of the staff report on the petitioner, other parties to the 
investigation, and the administering authority. The Secretary shall 
publish a notice of such determination in the Federal Register. If the 
Commission's determination is negative, or that imports are negligible, 
the investigation shall be terminated. If the Commission's 
determination is affirmative, the notice shall announce commencement of 
the final phase of the investigation.
    13. Sections 207.20 through 207.29 are redesignated as follows:

------------------------------------------------------------------------
                     Old section                          New section   
------------------------------------------------------------------------
207.20...............................................             207.21
207.21...............................................             207.22
207.22...............................................             207.23
207.23...............................................             207.24
207.24...............................................             207.25
207.25...............................................             207.26
207.26...............................................             207.27
207.27...............................................             207.28
207.28...............................................             207.29
207.29...............................................             207.30
------------------------------------------------------------------------

    14. A new Sec. 207.20 is added to read as follows:


Sec. 207.20  Investigative activity following preliminary 
determination.

    (a) If the Commission's preliminary determination is affirmative, 
the Director shall continue investigative activities pending notice by 
the administering authority of its preliminary determination under 
section 703(b) or section 733(b) of the Act. The Director shall publish 
in the Federal Register a schedule for the investigative activities to 
be conducted pursuant to this section.
    (b) The Director shall serve on each party who is a party to the 
investigation draft questionnaires for use in any final phase 
Commission investigation no later than 14 days after the date on which 
the Commission transmits the facts and conclusions on which its 
preliminary determination is based to the administering authority 
pursuant to section 703(f) or section 733(f) of the Act.
    (c) Each party who is a party to the investigation shall submit to 
the Commission on a date to be specified in the schedule to be 
published pursuant to paragraph (a) of this section, which shall be no 
later than 28 days before the date on which the administering authority 
is scheduled to issue its preliminary determination in the 
investigation, a brief including the following:
    (1) Comments on the draft questionnaire circulated pursuant to 
paragraph (b) of this section;
    (2) Identification of the party's position on the issues in the 
investigation;
    (3) Identification of issues on which data collection through 
questionnaires is requested. The brief shall include a supporting 
rationale for those issues, and shall identify any known sources of 
information that Commission staff should consult in connection with 
such issues. A party will not be permitted to raise subsequently in the 
investigation arguments concerning data collection not identified in 
the brief. The brief shall not exceed fifty (50) pages of textual 
material, double spaced and 

[[Page 51759]]
single-sided, on stationery measuring 8\1/2\x11 inches; and
    (4) Within five (5) business days of the filing of the briefs 
referred to in paragraph (c)(3) of this section, the Director shall 
hold a conference concerning the issues raised in the briefs.
    15. Redesignated Sec. 207.21 is revised to read as follows:


Sec. 207.21  Final Phase Notice of Scheduling

    (a) Notice from the administering authority of an affirmative 
preliminary determination under section 703(b) or section 733(b) of the 
Act and notice from the administering authority of an affirmative final 
determination under section 705(a) or section 735(a) of the Act shall 
be deemed to occur on the date on which the transmittal letter of such 
determination is received by the Secretary from the administering 
authority or the date on which notice of such determination is 
published in the Federal Register, whichever shall first occur.
    (b) Upon receipt of notice from the administering authority of an 
affirmative preliminary determination under section 703(b) or section 
733(b) of the Act or, if the administering authority's preliminary 
determination is negative, notice of an affirmative final determination 
under section 705(a) or section 735(a) of the Act, the Commission shall 
publish in the Federal Register a Final Phase Notice of Scheduling.
    (c) If the administering authority's preliminary determination is 
negative, the Director shall continue such investigative activities as 
he deems appropriate pending a final determination by the administering 
authority under section 705(a) or section 735(a) of the Act. Upon 
receipt by the Commission of notice from the administering authority of 
its final negative determination under section 705(a) or section 735(a) 
of the Act, the corresponding Commission investigation shall be 
terminated.
    16. Redesignated Sec. 207.23 is revised to read as follows:


Sec. 207.23  Prehearing brief.

    Each party who is an interested party shall submit to the 
Commission, no later than four (4) business days prior to the date of 
the hearing specified in the notice of scheduling, a prehearing brief. 
Prehearing briefs shall be signed, shall include a table of contents, 
and shall not exceed fifty (50) pages of textual material, double 
spaced and single-sided, on stationery measuring 8\1/2\ x 11 inches. 
The prehearing brief should present a party's case concisely and shall, 
to the extent possible, refer to the record and include information and 
arguments which the party believes relevant to the subject matter of 
the Commission's determination under section 705(b) or section 735(b) 
of the Act. Any person not an interested party may submit a brief 
written statement of information pertinent to the investigation within 
the time specified for filing of prehearing briefs.
    17. Redesignated Sec. 207.25 is revised to read as follows:


Sec. 207.25  Posthearing briefs.

    Any party may file a posthearing brief concerning the information 
adduced at or after the hearing with the Secretary within a time 
specified in the notice of scheduling or by the presiding official at 
the hearing. No such posthearing brief shall exceed fifteen (15) pages 
of textual material, double spaced and single sided, on stationery 
measuring 8\1/2\ x 11 inches. In addition, the presiding official may 
permit persons to file answers to questions or requests made by the 
Commission at the hearing within a specified time. The Secretary shall 
not accept for filing posthearing briefs or answers which do not comply 
with this section.
    18. Redesignated Sec. 207.29 is revised to read as follows:


Sec. 207.29  Publication of notice of determination.

    Whenever the Commission makes a final determination, the Secretary 
shall serve copies of the determination and the nonbusiness proprietary 
version of the final staff report on the petitioner, other parties to 
the investigation, and the administering authority. The Secretary shall 
publish notice of such determination in the Federal Register.
    19. Except for Sec. 207.46, the interim rules amending part 207 
published in the Federal Register issue of January 3, 1995 at 60 FR 18 
are proposed to be adopted as final, with the following changes:
    a. Section 207.10 is revised to read as follows:


Sec. 207.10  Filing of petition with the Commission.

    (a) Filing of the petition. Any interested party who files a 
petition with the administering authority pursuant to section 702(b) or 
section 732(b) of the Act in a case in which a Commission determination 
under title VII of the Act is required, shall file copies of the 
petition, pursuant to Sec. 201.8 of this chapter, with the Secretary on 
the same day the petition is filed with the administering authority. If 
the petition complies with the provisions of Sec. 207.11, it shall be 
deemed to be properly filed on the date on which the requisite number 
of copies of the petition is received by the Secretary. The Secretary 
shall notify the administering authority of that date. Notwithstanding 
Sec. 201.11 of this chapter, a petitioner need not file an entry of 
appearance in the preliminary phase of the investigation instituted 
upon the filing of its petition, which shall be deemed an entry of 
appearance.
    (b) Service of the petition. (1) The Secretary shall promptly 
notify a petitioner when, before the establishment of a service list 
under Sec. 207.7(a)(4), he or she approves an application under 
Sec. 207.7(a). When practicable, this notification shall be made by 
facsimile transmission. A copy of the petition including all business 
proprietary information shall then be served by petitioner on those 
approved applicants in accord with Sec. 207.3(b) within two (2) 
calendar days. The petitioner shall serve persons enumerated on the 
list established by the Secretary pursuant to Sec. 207.7(a)(4) (not 
already served) within two (2) calendar days of the establishment of 
the Secretary's list. Service shall be attested by a certificate of 
service as required in Sec. 201.16(c)(2) of this chapter.
    (2) A copy of the petition omitting business proprietary 
information shall be served by petitioner on those persons enumerated 
on the list established by the Secretary pursuant to Sec. 201.11(d) of 
this chapter within two (2) calendar days of the establishment of the 
Secretary's list.
    (c) Amendments and withdrawals; critical circumstances. (1) Any 
amendment or withdrawal of a petition shall be filed on the same day 
with both the Secretary and the administering authority, without regard 
to whether the requester seeks action only by one agency.
    (2) When not made in the petition, any allegations of critical 
circumstances under section 703 or section 733 of the Act shall be made 
in an amendment to the petition and shall be filed as early as 
possible. Critical circumstances allegations, whether made in the 
petition or in an amendment thereto, shall contain information 
reasonably available to petitioner concerning the factors enumerated in 
sections 705(b)(4)(A) and 735(b)(4)(A) of the Act.
    b. Section 207.11 is revised to read as follows:


Sec. 207.11  Contents of petition.

    (a) The petition shall be signed by the petitioner or its duly 
authorized officer, attorney, or agent, and shall set forth the 

[[Page 51760]]
name, address, and telephone number of the petitioner and any such 
officer, attorney, or agent, and the names of all representatives of 
petitioner who will appear in the investigation.
    (b) (1) The petition shall allege the elements necessary for the 
imposition of a duty under section 701(a) or section 731(a) of the Act 
and contain information reasonably available to the petitioner 
supporting the allegations.
    (2) The petition shall also include the following specific 
information, to the extent reasonably available to the petitioner:
    (i) Identification of the domestic like product(s) proposed by 
petitioner.
    (ii) A listing of all U.S. producers of the proposed domestic like 
product(s), including a street address, phone number, contact 
person(s), and estimated share of U.S. production for each producer.
    (iii) A listing of all U.S. importers of the subject merchandise, 
including street addresses, phone numbers, and estimated share of U.S. 
imports for each importer.
    (iv) A table summarizing the proposed domestic industry's 
production, domestic shipments, share of domestic consumption, 
capacity, capacity utilization, inventories, employment levels, 
operating income, research and development expenses, and capital 
expenses for the three most recent calendar years preceding the filing 
of the petition for which data are available. If the most recent 
calendar year preceding the filing of the petition for which data are 
available concluded over eight months prior to the filing of the 
petition, the table should also include data for the first six months 
of both the calendar year in which the petition was filed and the 
preceding calendar year.
    (v) Identification of each product on which the petitioner requests 
the Commission to seek pricing information in its questionnaires.
    (vi) A listing of each petitioning firm's ten largest U.S. 
customers for each proposed domestic like product, including a street 
address, phone number, contact person(s), and share of the petitioning 
firm's total sales for each customer.
    (vii) A listing of all sales or revenues lost by each petitioning 
firm by reason of the subject merchandise during the three years 
preceding filing of the petition.
    (3) The petition shall contain a certification that each item of 
information specified in paragraph (b)(2) of this section that the 
petition does not provide was not reasonably available to the 
petitioner.
    (4) Petitioners are also advised to refer to the administering 
authority's regulations concerning the contents of petitions.
    c. Paragraphs (a), (b), and (c) of redesignated Sec. 207.24 are 
revised to read as follows:


Sec. 207.24  Hearing.

    (a) In general. The Commission shall hold a hearing concerning an 
investigation before making a final determination under section 705(b) 
or section 735(b) of the Act.
    (b) Procedures. Any hearing shall be conducted after notice 
published in the Federal Register. The hearing shall not be subject to 
the provisions of 5 U.S.C. subchapter II, chapter 5, or to 5 U.S.C. 
702. Each party shall limit its presentation at the hearing to a 
summary of the information and arguments contained in its prehearing 
brief, an analysis of the information and arguments contained in the 
prehearing briefs described in Sec. 207.23, and information not 
available at the time its prehearing brief was filed. Unless a portion 
of the hearing is closed, presentations at the hearing shall not 
include business proprietary information. Notwithstanding 
Sec. 201.13(f) of this chapter, in connection with its presentation a 
party may file witness testimony with the Secretary no later than three 
(3) business days before the hearing. In the case of testimony to be 
presented at a closed session held in response to a request under 
Sec. 207.24(d), confidential and non-confidential versions shall be 
filed in accordance with Sec. 207.3 of this chapter. Any person not a 
party may make a brief oral statement of information pertinent to the 
investigation.
    (c) Hearing Transcripts--(1) In general. A verbatim transcript 
shall be made of all hearings or conferences held in connection with 
Commission investigations conducted under this part.
    (2) Revision of transcripts. Within ten (10) days of the completion 
of a hearing, but in any event at least one (1) day prior to the date 
for disclosure of information set pursuant to Sec. 207.30(a), any 
person who testified at the hearing may submit proposed revisions to 
the transcript of his testimony to the Secretary. No substantive 
revisions shall be permitted. If in the judgment of the Secretary a 
proposed revision does not alter the substance of the testimony in 
question, he shall incorporate the revision into a revised transcript.
* * * * *
    d. Redesignated Sec. 207.30 is revised to read as follows:


Sec. 207.30  Comment on information.

    (a) In any final phase of an investigation under section 705 or 
section 735 of the Act, the Commission shall specify a date on which it 
will disclose to all parties to the investigation all information it 
has obtained on which the parties have not previously had an 
opportunity to comment. Any such information that is business 
proprietary information will be released to persons authorized to 
obtain such information pursuant to Sec. 207.7. The date on which 
disclosure is made will occur after the filing of posthearing briefs 
pursuant to Sec. 207.25.
    (b) The parties shall have an opportunity to file comments on any 
information disclosed to them after they have filed their posthearing 
brief pursuant to Sec. 207.25. Comments shall only concern such 
information, and shall not exceed 15 pages of textual material, double 
spaced and single-sided, on stationery measuring 8\1/2\ x 11 inches. A 
comment may address the accuracy, reliability, or probative value of 
such information by reference to information elsewhere in the record, 
in which case the comment shall identify where in the record such 
information is found. Comments containing new factual information or 
comments on information disclosed prior to the filing of the 
posthearing brief shall be disregarded. The date on which such comments 
must be filed will be specified by the Commission when it specifies the 
time that information will be disclosed pursuant to paragraph (a) of 
this section. The record shall close on the date such comments are due, 
except with respect to investigations subject to the provisions of 
section 771(7)(G)(iii) of the Act, and with respect to changes in 
bracketing of business proprietary information in the comments 
permitted by Sec. 207.3. By Order of the Commission:

    Issued: September 21, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-24573 Filed 10-2-95; 8:45 am]
BILLING CODE 7020-02-P