[Federal Register Volume 66, Number 60 (Wednesday, March 28, 2001)]
[Notices]
[Page 16906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7653]


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DEPARTMENT OF COMMERCE

International Trade Administration


Policy Statement Regarding Issuance of Ex-Parte Memoranda

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 13, 2000.
SUMMARY: The Department of Commerce (``the Department'') has revised 
its policy regarding issuance of ex-parte memoranda. We are now 
announcing this change in policy.

FOR FURTHER INFORMATION CONTACT: Roland MacDonald, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington DC 
20230; telephone: (202) 482-1275.

SUPPLEMENTARY INFORMATION: In Nippon Steel Corp. v. United States, 118 
F. Supp. 2d 1366, 1374 (CIT 2000), the Court of International Trade 
held that the Department's implementation, in the underlying 
antidumping duty investigation, of the ex-parte memoranda provision of 
its statute constituted a violation of that statute. The Department 
acknowledges that the ex-parte memoranda in that proceeding contained 
inadequate information and were not timely placed on the record. In 
order to assure better compliance with this provision, the following 
policy statement was issued to all Import Administration staff. In 
addition, the Office of the Under Secretary for International Trade and 
the Office of the Secretary were notified.

Policy Statement on ex-parte Memoranda

    All Import Administration staff are instructed that ex-parte 
memoranda required by section 777(a)(3) of the Act will be drafted 
expeditiously in all cases, reviewed by a person in attendance at the 
meeting, and placed in the record as soon as possible, so that parties 
may comment effectively on the factual matters presented. The memoranda 
are required whether or not the factual information received was 
received previously, is expected to be received later in the 
proceeding, or is expected to be used or relied on. This statutory 
provision is included below.

Ex-Parte Meetings

    The administering authority and the Commission shall maintain a 
record of any ex-parte meetings between--
    (A) interested parties or other persons providing factual 
information in connection with a proceeding, and
    (B) the person charged with making the determination, or any 
person charged with making a final recommendation to that person, in 
connection with that proceeding, if information relating to that 
proceeding was presented or discussed at such meeting.
    The record of such an ex-parte meeting shall include the 
identity of the persons present at the meeting, the date, time, and 
place of the meeting, and a summary of the matters discussed or 
submitted. The record of the ex-parte meeting shall be included in 
the record of the proceeding.

    This policy statement will also be made available on the 
Department's website at http://ia.ita.doc.gov/policy/. Effective 
January 20, 2001, Bernard T. Carreau is fulfilling the duties of the 
Assistant Secretary for Import Administration.

    Dated: March 12, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 01-7653 Filed 3-27-01; 8:45 am]
BILLING CODE 3510-DS-P