[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Notices]
[Pages 57110-57111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28447]


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INTERNATIONAL TRADE COMMISSION


Sanctions for Breach of Commission Administrative Protective 
Order

AGENCY: International Trade Commission.

ACTION: Sanction for breaches of Commission administrative protective 
order.

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SUMMARY: Notice is hereby given of the sanction imposed by the 
Commission for breaches of the administrative protective orders 
(``APO'') issued in Bulk Acetylsalicylic Acid from China (Aspirin), 
Inv. No. 731-TA-828 (Final) (APOB Inv. #210); Synthetic Indigo from the 
People's Republic of China, Inv. No. 731-TA-851 (Final) (APOB Inv. 
#211); and Furfuryl Alcohol from China and Thailand, Inv. Nos. 731-TA-
703 and 705 (Review) (APOB Inv. #230). The Commission determined that 
attorneys

[[Page 57111]]

Bruce Aitken and Kieran Sharpe breached the APO in APOB Inv. #210 by 
filing a pre-hearing brief with the Department of Commerce that 
contained business proprietary information (``BPI'') obtained under the 
APO in the Commission's preliminary Aspirin investigation. Aitken and 
Sharpe also breached the APO by serving a copy of the same brief on a 
law firm that was not on the APO of either the Commission or the 
Department of Commerce. The Commission found that Bruce Aitken and 
Kieran Sharpe breached the APO in APOB Inv. #211 by failing to delete 
BPI from two pages in the public version of the Final Comments filed 
with the Commission in the Synthetic Indigo investigation. The 
Commission found that Kieran Sharpe breached the APO in APOB Inv. #230 
by failing to redact BPI from the public version of the Final Comments 
filed with the Commission in the Furfuryl Alcohol review investigation. 
This public reprimand is being issued because the breaches in APOB Inv. 
#210 and APOB Inv. #211 were the second and third breaches for Aitken 
within a two-year period, and the breaches in APOB Inv. #210, APOB Inv. 
#211, and APOB Inv. #230 were the second, third, and fourth breaches 
for Sharpe occurring within a two-year period.

FOR FURTHER INFORMATION CONTACT: Carol McCue Verratti, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3088. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal at 202-205-1810. General 
information concerning the Commission can also be obtained by accessing 
its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: In connection with the three investigations, 
Aspirin, Synthetic Indigo, and Furfuryl Alcohol, Messrs. Aitken and 
Sharpe filed applications for access to APO information with the 
Commission. In the applications, they swore (i) Not to disclose without 
written permission any of the information obtained under the APO except 
to certain enumerated categories of approved persons, (ii) to serve all 
materials containing BPI disclosed under the APO as directed by the 
Secretary, and (iii) to otherwise comply with the terms of the APO and 
the Commission's regulations regarding access to BPI. They also 
acknowledged in the APO that violation of the APO could subject them, 
and their firm, to disbarment from practice before the Commission, 
referral to the U.S. Attorney or appropriate professional association, 
or ``[s]uch other administrative sanctions as the Commission determines 
to be appropriate * * * '' 19 CFR 207.7(d). The Commission granted 
their applications.
    The firm with which Aitken and Sharpe are affiliated, Aitken Irvin 
Berlin & Vrooman, LLP, is very experienced in Commission practice as 
are attorneys Aitken and Sharpe. Both attorneys appear regularly before 
the Commission and have sought access to APO information on a regular 
basis. Both Aitken and Sharpe were found to have previously breached an 
APO in recent prior investigations. Neither of these prior breaches 
were egregious enough to warrant a public reprimand when considered 
separately, and were instead dealt with through private reprimands. 
However, the several current breaches and the recent prior breaches 
demonstrate a disturbing and unacceptable pattern of overall failure to 
safeguard information released under APO. Business proprietary 
information received from private parties plays an important role in 
Commission investigations. The Commission's ability to obtain such 
information depends on the confidence of the submitting parties that 
their proprietary information will be protected.
    Bruce Aitken is reprimanded for breaching the APOs in the Aspirin 
and Synthetic Indigo investigations as stated above and for committing 
multiple APO breaches over a relatively short period of time. Kieran 
Sharpe is reprimanded for breaching the APOs in the Aspirin, the 
Synthetic Indigo, and the Furfuryl Alcohol investigations as stated 
above and for committing multiple APO breaches over a relatively short 
period of time.
    The Commission has decided to suspend Sharpe's access to APO 
information for a period of six months commencing with the date of the 
publication of this notice in the Federal Register. In addition, the 
Commission has directed the law firm of Aitken Irvin Berlin & Vrooman 
to have at least two attorneys review all documents to be filed with 
the Commission for APO compliance for two years commencing with the 
date of the publication of this notice in the Federal Register.
    The authority for this action is conferred by section 207.7(d) of 
the Commission's Rules of Practice and Procedure (19 CFR 207.7(d)).

    Issued: November 7, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-28447 Filed 11-13-01; 8:45 am]
BILLING CODE 7020-02-P