[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Rules and Regulations]
[Pages 32971-32979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13688]


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INTERNATIONAL TRADE COMMISSION

19 CFR Parts 201, 204, 206, 207, 210, and 212


Rules of General Application; Investigations of Effects of 
Imports on Agricultural Programs; Investigations Relating to Global and 
Bilateral Safeguard Actions, Market Disruption, Trade Diversion and 
Review of Relief Actions; and Investigations of Whether Injury to 
Domestic Industries Results From Imports Sold at Less Than Fair Value 
or From Subsidized Exports to the United States; Adjudication and 
Enforcement; Implementation of the Equal Access to Justice Act

AGENCY: International Trade Commission.

ACTION: Final rules.

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SUMMARY: The United States International Trade Commission (Commission) 
amends its rules of practice and procedure concerning rules of general 
application, safeguard investigations, antidumping and countervailing 
duty investigations and reviews, intellectual property-related 
investigations, and the Equal Access to Justice Act, in 19 CFR parts 
201, 206, 207, 210, and 212. The Commission also renumbers two 
footnotes in 19 CFR part 204. The amendments are necessary to make 
certain technical corrections, to clarify certain provisions, to 
harmonize different parts of the Commission's rules, and to address 
concerns that have arisen in Commission practice. The intended effect 
of the amendments is to facilitate compliance with the Commission's 
rules and improve the administration of agency proceedings.

DATES: These rules are effective August 4, 2003, without further 
action, unless adverse comment is received by July 3, 2003. If adverse 
comment is received, the Commission will publish a timely withdrawal of 
the rules in the Federal Register.

ADDRESSES: A signed original and 8 copies of each set of comments on 
these amendments to the Commission's Rules, along with a cover letter, 
should be submitted by mail or hand delivery to Marilyn R. Abbott, 
Secretary, United States International Trade Commission, 500 E Street, 
SW., Room 112, Washington, DC 20436. Comments may be submitted 
electronically to the extent provided by section 201.8 of the 
Commission's rules, as amended by 67 FR 68063 (Nov. 8, 2002).

FOR FURTHER INFORMATION CONTACT: Paul R. Bardos, Esq., Office of the 
General Counsel, United States International Trade Commission 
(telephone 202-205-3102). Hearing-impaired individuals are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal at 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its World 
Wide Web site (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: This preamble provides background 
information, a regulatory analysis of the amendments, and then a 
detailed section-by-section analysis of the amendments.

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. To carry out its functions and duties, the Commission has 
issued rules of practice and procedure. The passage of time has 
rendered some provisions of the rules outdated. In addition, Commission 
practice has revealed the need for improvements in certain rules. This 
rulemaking updates certain outdated provisions and improves other 
provisions.
    Consistent with its ordinary practice, the Commission is issuing 
these amendments in accordance with the rulemaking procedure in section 
553 of the Administrative Procedure Act (APA) (5 U.S.C. 553). This 
procedure entails the following steps: (1) Publication of a notice of 
proposed rulemaking; (2) solicitation of public comments on the 
proposed amendments; (3) Commission review of such comments prior to 
developing final amendments; and (4) publication of final amendments at 
least thirty days prior to their effective date. The Commission 
published a notice of proposed rulemaking (67 FR 38614, June 5, 2002) 
on which the present notice is based. No public comments were received 
on the notice of proposed rulemaking. Based on a continuing review of 
the rules to identify references that need correction or clarification, 
the present notice contains a number of amendments not included in the 
notice of proposed rulemaking.
    A number of the amendments affect interim rules, i.e., sections 
201.201, 201.202, 201.204, 206.3. Those interim rules will be replaced 
with final rules in future rulemakings.

Regulatory Analysis

    The Commission has determined that these amendments do not meet the 
criteria described in section 3(f) of Executive Order 12866 (58 FR 
51735, Oct. 4, 1993) and thus do not constitute a significant 
regulatory action for purposes of the Executive Order.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is 
inapplicable to this rulemaking because it is not one for which a 
notice of rulemaking is required under 5 U.S.C. 553(b) or any other 
statute. Although the Commission has chosen to publish a notice, these 
amendments are ``agency rules of procedure and practice,'' and thus are 
exempt from the notice requirement imposed by 5 U.S.C. 553(b).
    These amendments do not contain federalism implications warranting 
the preparation of a federalism summary impact statement pursuant to 
Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
    No actions are necessary under the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et seq.) because the amendments will not result in 
the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more in any one 
year, and will not significantly or uniquely affect small governments.
    The amendments are not major rules as defined in the Small Business 
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.). 
Moreover, they are exempt from the reporting requirements of the 
Contract With America Advancement Act of 1996 (5

[[Page 32972]]

U.S.C. 801 et seq.) because they concern rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties.
    The amendments are not subject to section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), since they do not contain any 
new information collection requirements.

Section-by-Section Analysis of the Amendments

Part 201--Rules of General Application

Subpart A--Miscellaneous
    The Commission revises section 201.1 regarding the applicability of 
part 201 to correctly reference parts 210, 212 and 213 in the reference 
to rules of special application.
    The Commission amends section 201.2 by revising paragraph (c), 
which defines the term ``Tariff Act,'' to include citations to 19 
U.S.C. 1677m and 1677n.
    The Commission amends section 201.3 by revising paragraph (c) to 
clarify that any document filed after Commission business hours will be 
considered filed the next business day, and that if filing on that day 
means the document is untimely filed then the document may not be 
accepted unless it is accompanied by a request for permission to make a 
late filing.
    The Commission amends section 201.3a by revising paragraph (a) to 
update the Commission's designated point of contact for using its 
penalty mail in locating and recovering missing children.
    The Commission amends section 201.4 by revising paragraph (d) to 
correctly cite to section 202 of the Trade Act of 1974 (19 U.S.C. 
2252), eliminate the citation to the former 19 U.S.C. 1303, which has 
been repealed, and add ``et seq.'' to the citation to 19 U.S.C. 1673 to 
correctly refer to all of the antidumping provisions.
    The Commission amends section 201.6 by revising paragraph (a)(2) to 
include section 206.17 as a section having special rules for the 
handling of nondisclosable confidential business information. The 
Commission also revises paragraph (d) of section 201.6 regarding the 
approval or denial of requests for confidential treatment. The revision 
will provide for consistency by stating that approvals, like denials, 
would be in writing. The Commission also revises paragraph (e)(3) of 
section 201.6 by replacing ``his consideration'' with the updated 
reference ``consideration.'' The Commission revises paragraph (g) of 
section 201.6 regarding granting confidential status to business 
information to clarify when business information deemed not entitled to 
confidential treatment will be treated as public information. The 
revised paragraph (g) will impose a five-day deadline for withdrawing 
such business information after which time it would become public.
Subpart B--Initiation and Conduct of Investigations.
    The Commission amends section 201.8 by revising paragraph (a) to 
state that filings made within the Commission's official hours of 
operation will be deemed filed on the date received by the Commission, 
consistent with the revised paragraph (c) of section 201.3 regarding 
Commission hours. The Commission also amends section 201.8 by revising 
paragraph (c), to provide that all documents filed, other than one or 
two-page documents, must be double-spaced, to improve the readability 
of documents. In addition, the Commission amends paragraph (d) of 
section 201.8 to require submitters to specify when a document is being 
filed with no confidential counterpart.
    The Commission amends section 201.13 by revising paragraph (f) to 
provide, for ease of consideration, that supplementary materials in 
nonadjudicative hearings must be marked with the name of the 
organization submitting them. The same paragraph is also revised to 
remove the page limit on supplementary material that can be filed at a 
hearing, so that parties may present their arguments without such a 
limitation. The Commission revises paragraph (i)(1) of section 201.13, 
to delete the unnecessary reference to the requirement to file 14 
copies of briefs with the Secretary, since paragraph (d) of section 
201.8 already contains a requirement concerning the requisite number of 
copies to be filed.
    The Commission amends section 201.14 by revising paragraph (a) to 
simplify filing requirements. In the event of an early or all-day 
closing of the Commission on a business day, the revision will allow 
the Secretary to accept filings due the day of the early or all-day 
closing on the next business day, without requiring the submitter to 
file a request for an extension of time.
Subpart C--Availability of Information to the Public Pursuant to 5 
U.S.C. 552
    The Commission amends section 201.17 by revising paragraph (a)(1) 
to permit the filing of requests electronically. Similarly, paragraph 
(b) of section 201.18 is revised to permit the filing of appeals by 
such means. The Commission has the capability of accepting electronic 
filing of requests at its World Wide Web site, at http://www.usitc.gov/foia.htm.
    The Commission amends section 201.18 by revising paragraphs (b), 
(d) (introductory text), and (e) to permit electronic filing of 
requests under the Freedom of Information Act and to correctly state 
that paragraph (c), and not paragraphs (a) and (b), provides for 
extension of time for deciding appeals of denials.
    The Commission amends section 201.19 by revising paragraph (b) to 
clarify that the term ``[s]ubmitter'' includes contractors, bidders, 
vendors and others who have an administrative relationship with the 
Commission, and who provide confidential business information to the 
Commission. Under the amended provision, persons or entities having an 
administrative relationship to the Commission will qualify to receive 
notice before release of their confidential submission under FOIA.
    The Commission amends section 201.21 by revising paragraph (a) to 
provide information about the Commission's World Wide Web site, 
consistent with the electronic reading room provisions of the FOIA.
Subpart D--Safeguarding Individual Privacy Pursuant to 5 U.S.C. 552a
    The Commission amends section 201.31 by revising the section 
heading and adding paragraph (c) to include employee conduct as part of 
the section and to rename the section heading to reflect this change. 
Consequently, the Commission removes section 201.33, which currently 
deals with employee conduct, and adds its text to section 201.31. This 
eliminates the current duplication of section numbers.
Subpart G--Enforcement of Nondiscrimination on the Basis of Handicap in 
Programs or Activities Conducted by the U.S. International Trade 
Commission
    The Commission amends section 201.170 by revising paragraph (c) to 
provide an updated contact point.
Subpart H--Debt Collection
    The Commission amends subpart H, regarding debt collection, to 
update all references to ``Office of Finance and Budget'' to read 
``Office of Finance.'' The Commission also amends subpart H to update 
citations to applicable statutes and rules, and in particular to take 
into account the move of the Federal Claims Collection Standards from 
title 4 of the Code of Federal Regulations to title 31. The revisions 
affect the authority citation for subpart H; paragraphs (f), (i), and 
(m) of section 201.201; paragraphs

[[Page 32973]]

(a) and (b)(4) of section 201.202; paragraphs (a)(16)(ii), (g)(1), 
(g)(2), (h)(1)(iii), (h)(2)(iii), (h)(3), (h)(4)(ii), (j), and (n) of 
section 201.204; paragraphs (d), (f)(3), and (g)(1)(iv) of section 
201.206; and paragraph (b)(3) of section 201.207.

Part 204--Investigations of Effects of Imports on Agricultural Programs

    In section 204.1, the Commission redesignates footnote 5 as 
footnote 1. In section 204.2, the Commission redesignates footnote 6 as 
footnote 2. These changes correct a misnumbering of those footnotes. 
The Commission also revises the authority citation to simplify the 
citations.

Part 206--Investigations Relating to Global and Bilateral Safeguard 
Actions, Market Disruption, Trade Diversion, and Review of Relief 
Actions

Subpart A--General
    The Commission amends section 206.3 by revising paragraph (b) to 
include in the notice of institution any limits on page lengths for 
posthearing briefs.
    The Commission amends section 206.8 by revising paragraph (b) to 
provide that the Secretary shall promptly notify a petitioner of 
approval of an application for disclosure of confidential business 
information under administrative protective order (APO), and that the 
petitioner shall then serve a copy of the confidential petition on 
those approved applicants within two (2) calendar days of receiving 
that notification. Under the revised paragraph, which is consistent 
with section 207.10(b)(1)(i), approved applicants will receive a copy 
of the confidential petition more quickly, and without having to wait 
for the Secretary's issuance of the service list.
    The Commission amends section 206.17 by revising paragraphs (a)(2), 
(b)(2), (g)(1) and (g)(3). The Commission revises paragraph (a)(2) to 
require only a signed APO application and five (5) copies to be filed 
with the Commission. Filing a signed original and fourteen (14) copies 
pursuant to section 201.8(d) provides the Commission with unnecessary 
copies. Paragraph (b)(2) is revised to clarify that confidential 
business information can only be used in representing an interested 
party. The Commission revises paragraph (g)(1) to include the 
definition of nondisclosable confidential business information from 
section 201.6(a)(2) to make the rule easier to understand. The 
Commission also revises paragraph (g)(3) to make it consistent with 
existing section 207.7 (g)(3), the analogous provision in part 207.

Part 207--Investigations of Whether Injury to Domestic Industries 
Results From Imports Sold at Less Than Fair Value or From Subsidized 
Exports to the United States

Subpart A--General Provisions
    The Commission removes section 207.6 regarding reports of progress 
of investigation as unnecessary as duplicative of the statute. 
Moreover, amendments to the statute, the Commission's rules, and 
Commission practice have resulted in information being disseminated as 
a matter of course about an investigation's schedule and status. The 
section number is reserved.
    The Commission amends section 207.7 by revising paragraph (a)(2) to 
require only a signed APO application and five (5) copies to be filed 
with the Commission, consistent with the changes in part 206. The 
Commission further revises paragraph (a)(2) of section 207.7 for 
consistency to include a deadline for adding attorneys under the APO in 
remanded investigations. Paragraph (b)(2) is revised to clarify that 
business proprietary information can only be used in representing an 
interested party.
Subpart F--Five-Year Reviews
    The Commission amends section 207.62 by revising paragraph (b)(2) 
to delete the reference to ``per group,'' as unnecessary, since a 
grouped review only involves one ``group.''
    The Commission amends section 207.64 by revising paragraph (b), 
regarding staff reports, to conform with agency practice by providing 
that the final staff report will be placed in the record.

Part 210--Adjudication and Enforcement

    The Commission revises paragraph (f)(2) of section 210.4 and 
paragraph (a) of section 210.8 to reduce the number of copies 
submitters must file of documents to the minimum needed by the agency. 
Submitters must file an original and 12--rather than 14--copies of each 
submission if the investigation or related proceeding is before the 
Commission, except that a submitter shall file the original and 6 
copies of any exhibits filed with a request or petition for related 
proceedings. The Commission previously had effected a partial version 
of this reduction in the number of required copies by publishing notice 
of a waiver of its rules at 66 FR 58523 (Nov. 21, 2001).

Part 212--Implementation of the Equal Access to Justice Act

    The Commission amends section 212.29, regarding payment of awards, 
to update all references to ``Finance and Budget Division'' to read 
``Office of Finance.''

List of Subjects in 19 CFR Parts 201, 204, 206, 207, 210

    Administrative practice and procedure, investigations.


0
For the reasons stated in the preamble, the Commission amends 19 CFR 
parts 201, 204, 206, 207, and 210 as set forth below:

PART 201--RULES OF GENERAL APPLICATION

0
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.

0
2. Revise Sec.  201.1 to read as follows:


Sec.  201.1  Applicability of part.

    This part relates generally to functions and activities of the 
Commission under various statutes and other legal authority. Rules 
having special application appear separately in parts 202 through 207, 
inclusive, and parts 210, 212 and 213, of this chapter. In case of 
inconsistency between a rule of general application and a rule of 
special application, the latter is controlling.

0
3. Amend Sec.  201.2 to revise paragraph (c) to read as follows:


Sec.  201.2  Definitions.

* * * * *
    (c) Tariff Act means the Tariff Act of 1930, 19 U.S.C. 1202-1677j, 
1677m-n;
* * * * *

0
4. Amend Sec.  201.3 to revise paragraph (c) to read as follows:


Sec.  201.3  Commission offices, mailing address, and hours.

* * * * *
    (c) Hours. The business hours of the Commission are from 8:45 a.m. 
to 5:15 p.m., eastern standard or daylight savings time, whichever is 
in effect in Washington, DC. Any document filed with the Secretary of 
the Commission after 5:15 p.m. will be considered filed the next 
business day. If filing on that day would be untimely, the filing may 
not be accepted unless a request is made for acceptance of a late 
filing for good cause shown pursuant to 201.14(b)(2).

0
5. Amend Sec.  201.3a to revise paragraph (a) to read as follows:

[[Page 32974]]

Sec.  201.3a  Missing children information.

    (a) Pursuant to 39 U.S.C. 3220, penalty mail sent by the Commission 
may be used to assist in the location and recovery of missing children. 
This section establishes procedures for such use and is applicable on a 
Commission-wide basis. The Commission's Office of Facilities 
Management, telephone 202-205-2741, shall be the point of contact for 
matters related to the implementation of this section.
* * * * *

0
6. Amend Sec.  201.4 to revise paragraph (d) to read as follows:


Sec.  201.4  Performance of functions.

* * * * *
    (d) Presentation of matter that may come within the purview of 
other laws. Whenever any party or person, including the Commission 
staff, has reason to believe that (1) a matter under investigation 
pursuant to section 337 of the Tariff Act of 1930, or (2) a matter 
under an investigation pursuant to section 202 of the Trade Act of 1974 
(19 U.S.C. 2252), which is causing increased imports may come within 
the purview of another remedial provision of law not the basis of such 
investigation, including but not limited to the antidumping provisions 
(19 U.S.C. 1673 et seq.) or the countervailing duty provisions (19 
U.S.C. 1671 et seq.) of the Tariff Act of 1930, then the party or 
person may file a suggestion of notification with the Commission that 
the appropriate agency be notified of such matter or circumstances, 
together with such information as the party or person has available. 
The Secretary shall promptly thereafter publish notice of the filing of 
such suggestion and information, and make them available for inspection 
and copying to the extent permitted by law. Any person may comment on 
the suggestion within 10 days after the publication of said notice. 
Thereafter, the Commission shall determine whether notification is 
appropriate under the law and, if so, shall notify the appropriate 
agency of such matters or circumstances. The Commission may at any time 
make such notification in the absence of a suggestion under this rule 
when the Commission has reason to believe, on the basis of information 
before it, that notification is appropriate under law.

0
7. Amend Sec.  201.6 to revise paragraphs (a)(2), (d), (e)(3) and (g) 
to read as follows:


Sec.  201.6  Confidential business information.

    (a) * * *
    (2) Nondisclosable confidential business information is privileged 
information, classified information, or specific information (e.g., 
trade secrets) 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.  206.17 and Sec.  207.7 of this 
chapter.
* * * * *
    (d) Approval or denial of requests for confidential treatment. 
Approval or denial of requests shall be made only by the Secretary or 
Acting Secretary. An approval or a denial of a request for confidential 
treatment shall be in writing. A denial shall specify the reason 
therefor, and shall advise the submitter of the right to appeal to the 
Commission.
    (e) * * *
    (3) The justification submitted to the Commission in connection 
with an appeal shall be limited to that presented to the Secretary with 
the original or amended request. When the Secretary or Acting Secretary 
has denied a request on the ground that the submitter failed to provide 
adequate justification, any such additional justification shall be 
submitted to the Secretary for consideration as part of an amended 
request. For purposes of paragraph (e)(1) of this section, the twenty 
(20) day period for filing an appeal shall be tolled on the filing of 
an amended request and a new twenty (20) day period shall begin once 
the Secretary or Acting Secretary has denied the amended request, or 
the approval or denial has not been forthcoming within ten (10) days of 
the filing of the amended request. A denial of a request by the 
Secretary on the ground of inadequate justification shall not obligate 
a requester to furnish additional justification and shall not preclude 
a requester from filing an appeal with the Commission based on the 
justification earlier submitted to the Secretary.
* * * * *
    (g) Granting confidential status to business information. Any 
business information submitted in confidence and determined to be 
entitled to confidential treatment shall be maintained in confidence by 
the Commission and not disclosed except as required by law. In the 
event that any business information submitted to the Commission is not 
entitled to confidential treatment, the submitter will be permitted to 
withdraw the tender within five days of its denial of confidential 
treatment unless it is the subject of a request under the Freedom of 
Information Act or of judicial discovery proceedings. After such five 
day period, the business information deemed not entitled to 
confidential treatment, and not withdrawn, will be treated as public 
information.
* * * * *

0
8. Amend Sec.  201.8 to revise paragraphs (a), (c) and (d) to read as 
follows:


Sec.  201.8  Filing of Documents.

    (a) Where to file; date of filing. Documents shall be filed at the 
office of the Secretary of the Commission in Washington, DC. Such 
documents, if properly filed within the hours of operation specified in 
Sec.  201.3(c), will be deemed to be filed on the date on which they 
are actually received in the Commission.
* * * * *
    (c) Specifications for documents. Each document filed under this 
chapter shall be double-spaced, clear and legible, except that a 
document of two pages or less in length need not be double-spaced.
* * * * *
    (d) Number of copies. A signed original (or a copy designated as an 
original) and fourteen (14) copies of each document shall be filed. All 
submissions shall be on letter-sized paper (8\1/2\ inches by 11 
inches), except copies of documents prepared for another agency or a 
court (e.g. patent file wrappers or pleadings papers). The original and 
at least one copy of all submissions shall be printed on one side only 
and shall be unbound (although they may be stapled or held together by 
means of a clip). In the event that confidential treatment of the 
document is requested under Sec. 201.6, at least four (4) additional 
copies shall be filed, in which the confidential business information 
shall have been deleted and which shall have been conspicuously marked 
``nonconfidential'' or ``public inspection.'' In the event that 
confidential treatment is not requested, the document shall be 
conspicuously marked ``No confidential version filed.'' The name of the 
person signing the original shall be typewritten or otherwise 
reproduced on each copy.
* * * * *

0
9. Amend Sec.  201.13 to revise paragraphs (f) and (i)(1) to read as 
follows:


Sec.  201.13  Conduct of nonadjudicative hearings.

* * * * *
    (f) Supplementary material. A party to the investigation may file 
with the Secretary supplementary material, other than remarks read into 
the record, for acceptance into the record. The party shall file any 
such material with the Secretary at the hearing. Supplementary 
materials must be marked with the

[[Page 32975]]

name of the organization submitting it. As used herein, the term 
supplementary material refers to (1) additional graphic material such 
as charts and diagrams used to illuminate an argument or clarify a 
position and (2) information not available to a party at the time its 
prehearing brief was filed.
* * * * *
    (i) Briefs--(1) Parties. Briefs of the information produced at the 
hearing and arguments thereon may be presented to the Commission by 
parties to the investigation. Time to be allowed for submission of 
briefs will be set after conclusion of testimony and oral argument, if 
any.
* * * * *

0
10. Amend Sec.  201.14 to revise paragraph (a) to read as follows:


Sec.  201.14  Computation of time, additional hearings, postponements, 
continuances, and extensions of time.

    (a) Computation of time. Computation of any period of time 
prescribed or allowed by the rules in this chapter, by order of the 
Commission, or by order of the presiding officer under part 210 of this 
chapter shall begin with the first business day following the day on 
which the act or event initiating such period of time shall have 
occurred. The last day of the period so computed is to be included, 
unless it is a Saturday, Sunday, or Federal legal holiday, in which 
event the period runs until the end of the next business day. When the 
period of time prescribed or allowed is less than 7 days, intermediate 
Saturdays, Sundays, and Federal legal holidays shall be excluded from 
the computation. As used in this rule, a Federal legal holiday refers 
to any full calendar day designated as a legal holiday by the President 
or the Congress of the United States. In the event of an early or all-
day closing of the Commission on a business day, the Secretary is 
authorized to accept on the next full business day filings due the day 
of the early or all-day closing, without requiring the granting of an 
extension of time by the Chairman of the Commission, or such other 
person designated to conduct the investigation.
* * * * *

0
11. Amend Sec.  201.17 to revise paragraph (a)(1) to read as follows:


201.17  Procedures for requesting access to records.

    (a) Requests for records. (1) A request for any information or 
record shall be addressed to the Secretary, United States International 
Trade Commission, 500 E Street SW., Washington, DC 20436 and shall 
indicate clearly in the request, and if the request is in paper form on 
the envelope, that it is a ``Freedom of Information Act Request.'' A 
written request may be made either (1) in paper form, or (2) 
electronically by contacting the Commission at http://www.usitc.gov/foia.htm.
* * * * *

0
12. Amend Sec.  201.18 to revise paragraphs (b), (d) introductory text, 
and (e) to read as follows:


Sec.  201.18  Denial of requests, appeals from denial.

* * * * *
    (b) An appeal from a denial of a request must be received within 
sixty days of the date of the letter of denial and shall be made to the 
Commission and addressed to the Chairman, United States International 
Trade Commission, 500 E Street SW., Washington, DC 20436. Any such 
appeal shall be in writing, and shall indicate clearly in the appeal, 
and if the appeal is in paper form on the envelope, that it is a 
``Freedom of Information Act Appeal.'' An appeal may be made either in 
paper form, or electronically by contacting the Commission at http://www.usitc.gov/foia.htm.
* * * * *
    (d) The extensions of time mentioned in paragraph (c) of this 
section shall be made only for one or more of the following reasons:
* * * * *
    (e) The extensions of time mentioned in paragraph (c) of this 
section shall not exceed ten working days in the aggregate.

0
13. Amend Sec.  201.19 to revise paragraph (b) to revise the definition 
of submitter to read as follows:


Sec.  201.19  Notification regarding requests for confidential business 
information.

* * * * *
    (b) Definitions. * * *
    Submitter means any person or entity who provides confidential 
business information, directly or indirectly, to the Commission. The 
term includes, but is not limited to, corporations, producers, 
importers, and state and federal governments, as well as others who 
have an administrative relationship with the Commission such as 
contractors, bidders and vendors.
* * * * *

0
14. Amend Sec.  201.21 to revise paragraph (a) to read as follows:


Sec.  201.21  Availability of specific records.

    (a) Records available. The following information, on request to the 
Secretary of the Commission, is available for public inspection and 
copying: (1) final opinions, including concurring and dissenting 
opinions, as well as orders, made in the adjudication of cases; (2) 
those statements of policy and interpretations which have been adopted 
by the agency; and (3) administrative staff manuals and instructions to 
staff that affect a member of the public. Available information 
includes, but is not limited to: (i) Applications, petitions, and other 
formal documents filed with the Commission, (ii) notices to the public 
concerning Commission matters, (iii) transcripts of testimony taken and 
exhibits submitted at hearings, (iv) reports to the President, to 
either or both Houses of Congress, or to Committees of Congress, 
release of which has been authorized by the President or the 
legislative body concerned, (v) reports and other documents issued for 
general distribution. Much of the information described above also is 
available on the Commission's World Wide Web site. The Commission's 
home page is at http://www.usitc.gov. The Web site also includes 
information subject to repeated Freedom of Information Act requests. 
Persons accessing the Web site can find instructions on how to locate 
Commission information by following the ``Freedom of Information Act'' 
link on the home page.
* * * * *

0
15. Amend Sec.  201.31 to revise the section heading and add paragraph 
(c) to read as follows:


Sec.  201.31  Fees and Employee conduct.

* * * * *
    (c) The Privacy Act Officer shall establish rules of conduct for 
persons involved in the design, development, operation, or maintenance 
of any system of records, or in maintaining any record, and 
periodically instruct each such person with respect to such rules and 
the requirements of the Privacy Act including the penalties for 
noncompliance.

0
16. Remove Sec.  201.33 of subpart D.


Sec.  201.33  [Removed]

0
17. Amend Sec.  201.170 to revise paragraph (c) to read as follows:


Sec.  201.170  Compliance procedures.

* * * * *
    (c) The Director, Office of Equal Employment Opportunity, shall be 
responsible for coordinating implementation of this section. Complaints 
may be sent to the Director, Office of Equal Employment Opportunity, 
United States International

[[Page 32976]]

Trade Commission, 500 E Street SW., Washington, DC 20436.
* * * * *

0
18. Amend the authority citation for subpart H of part 201 to read as 
follows:

    Authority: 19 U.S.C. 1335; 5 U.S.C. 5514(b)(1); 31 U.S.C. 
3716(b); 31 U.S.C. 3720A(b)(4); 31 CFR chapter IX; 26 CFR 301.6402-
6(b).

0
19. Amend Sec.  201.201 to revise paragraphs (f), (i), and (m) to read 
as follows:


Sec.  201.201  Definitions.

* * * * *
    (f) Director means the Director, Office of Finance of the 
Commission or an official designated to act on the Director's behalf.
* * * * *
    (i) Federal Claims Collection Standards (FCCS) means standards 
published at 31 CFR chapter IX.
* * * * *
    (m) Office of Finance means the Office of Finance of the 
Commission.

0
20. Amend Sec.  201.202 to revise paragraphs (a) and (b)(4) to read as 
follows:


Sec.  201.202  Purpose and scope of salary and administrative offset 
rules.

    (a) Purpose. The purpose of sections 201.201 through 201.207 is to 
implement 5 U.S.C. 5514, 31 U.S.C. 3716, and 31 U.S.C. 3720A which 
authorize the collection by salary offset, administrative offset, or 
tax refund offset of debts owed by persons, organizations, or entities 
to the Federal government. Generally, however, a debt may not be 
collected by such means if it has been outstanding for more than ten 
years after the agency's right to collect the debt first accrued. These 
proposed regulations are consistent with the Office of Personnel 
Management regulations on salary offset, codified at 5 CFR Part 550, 
subpart K, and with regulations on administrative offset codified at 31 
CFR part 901.
* * * * *
    (b) * * *
    (4) Nothing in Sections 201.201 through 201.207 precludes the 
compromise, suspension, or termination of collection actions where 
appropriate under the standards implementing the Federal Claims 
Collection Act (31 U.S.C. 3711 et seq.), namely, 31 CFR chapter IX.

0
21. Amend Sec.  201.204 to revise paragraphs (a)(16)(ii), (g)(1), 
(g)(2), (h)(1)(iii), (h)(2)(iii), (h)(3), (h)(4)(ii), (j), and (n) to 
read as follows:


Sec.  201.204  Salary offset.

    (a) * * *
    (16) * * *
    (ii) Penalties under the False Claims Act, 31 U.S.C. 3729-3733, or 
under any other applicable statutory authority; or
* * * * *
    (g) Notice of salary offset where the Commission is the paying 
agency.
    (1) Upon issuance of a proper certification by the Director (for 
debts owed to the Commission) or upon receipt of a proper certification 
from another creditor agency, the Office of Finance shall send the 
employee a written notice of salary offset. Such notice shall advise 
the employee:
    (i) Of the certification that has been issued by the Director or 
received from another creditor agency;
    (ii) Of the amount of the debt and of the deductions to be made; 
and
    (iii) Of the initiation of salary offset at the next officially 
established pay interval or as otherwise provided for in the 
certification.
    (2) The Office of Finance shall provide a copy of the notice to the 
creditor agency and advise such agency of the dollar amount to be 
offset and the pay period when the offset will begin.
* * * * *
    (h) * * *
    (1) * * *
    (iii) Deductions shall begin the pay period following the issuance 
of the certification by the Director or the receipt by the Office of 
Finance of the certification from another agency or as soon thereafter 
as possible.
* * * * *
    (2) * * *
    (iii) Lump-sum deductions from final check. In order to liquidate a 
debt, a lump-sum deduction exceeding 15 percent of disposable pay may 
be made pursuant to 31 U.S.C. 3716 and 5 U.S.C. 5514(a)(1) from any 
final salary payment due a former employee, whether the former employee 
was separated voluntarily or involuntarily.
* * * * *
    (3) Multiple debts. Where two or more creditor agencies are seeking 
salary offset, or where two or more debts are owed to a single creditor 
agency, the Office of Finance may, at its discretion, determine whether 
one or more debts should be offset simultaneously within the 15 percent 
limitation.
    (4) * * *
    (ii) In the event that a debt to the Commission is certified while 
an employee is subject to salary offset to repay another agency, the 
Office of Finance may, at its discretion, determine whether the debt to 
the Commission should be repaid before the debt to the other agency, 
repaid simultaneously, or repaid after the debt to the other agency.
* * * * *
    (j) Interest, Penalties, and Administrative Costs. Where the 
Commission is the creditor agency, it shall assess interest, penalties, 
and administrative costs pursuant to 31 U.S.C. 3717 and 31 CFR 901.9.
* * * * *
    (n) Exception to due process procedures. The procedures set forth 
in this section shall not apply to adjustments described in 5 U.S.C. 
5514(a)(3) and 5 CFR 550.1104(c).

0
22. Amend Sec.  201.206 to revise paragraphs (d), (f)(3), and 
(g)(1)(iv) to read as follows:


Sec.  201.206  Administrative offset.

* * * * *
    (d) Interest. Pursuant to 31 U.S.C. 3717 and 31 CFR 901.9, the 
Commission shall assess interest, penalties and administrative costs on 
debts owed to the United States. The Commission is authorized to assess 
interest and related charges on debts that are not subject to 31 U.S.C. 
3717 to the extent authorized under the common law or other applicable 
statutory authority.
    (f) * * *
    (3) That the Commission has complied with the requirements of its 
own administrative offset regulations and the applicable provisions of 
31 CFR part 901 with respect to providing the debtor with due process.
* * * * *
    (g) * * *
    (1) * * *
    (iv) That the agency has complied with its own administrative 
offset regulations and with the applicable provisions of 31 CFR part 
901, including providing any required hearing or review.

0
23. Amend Sec.  201.207 to revise paragraph (b)(3) to read as follows:


Sec.  201.207  Administrative offset against amounts payable from Civil 
Service Retirement and Disability Fund.

* * * * *
    (b) * * *
    (3) The Commission has complied with the requirements of 31 CFR 
901.3, including any required hearing or review.
* * * * *

PART 204--INVESTIGATIONS OF EFFECTS OF IMPORTS ON AGRICULTURAL 
PROGRAMS

0
1. Revise the authority citation for part 204 to read as follows:

    Authority: 19 U.S.C. 1335.


[[Page 32977]]



0
2. In Sec.  204.1, redesignate footnote 5 as footnote 1.

0
3. In Sec.  204.2, redesignate footnote 6 as footnote 2.

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

0
1. The authority citation for part 206 continues to read as follows:

    Authority: 19 U.S.C. 1335, 2251-2254, 3351-3382; secs. 103, 301-
302, Pub. L. 103-465, 108 Stat. 4809.

0
2. Amend Sec.  206.3 to revise paragraph (b) to read as follows:


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

* * * * *
    (b) Contents of notice. The notice will identify the petitioner or 
other requestor, the imported article that is the subject of the 
investigation and its tariff subheading, the nature and timing of the 
determination to be made, the time and place of any public hearing, 
dates of deadlines for filing briefs, statements, and other documents, 
limits on page lengths for posthearing briefs, the place at which the 
petition or request and any other documents filed in the course of the 
investigation may be inspected, and the name, address, and telephone 
number of the office that may be contacted for more information. The 
Commission will provide the same sort of information in its notice when 
the investigation was instituted following receipt of a resolution or 
on the Commission's own motion.
* * * * *

0
3. Amend Sec.  206.8 to revise paragraph (b) to read as follows:


Sec.  206.8  Service, filing and certification of documents.

* * * * *
    (b) Service. Any party submitting a document for the consideration 
of the Commission in the course of an investigation to which this part 
pertains shall, in addition to complying with Sec.  201.8 of this 
chapter, serve a copy of the public version of such document on all 
other parties to the investigation in the manner prescribed in Sec.  
201.16 of this chapter, and, when appropriate, serve a copy of the 
confidential version of such document in the manner provided for in 
Sec.  206.17(f). The Secretary shall promptly notify a petitioner when, 
before the establishment of a service list under Sec.  206.17(a)(4), an 
application under Sec.  206.17(a) is approved. When practicable, this 
notification shall be made by facsimile transmission. A copy of the 
petition including all confidential business information shall then be 
served by petitioner on those approved applicants in accordance with 
this section within two (2) calendar days of the time notification is 
made by the Secretary. 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.  206.17, 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 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, upon 
request, to all parties to the investigation a copy of each document, 
except transcripts of hearings, confidential business information, 
privileged information, and information required to be served under 
this section, placed in the docket file of the investigation by the 
Commission.
* * * * *

0
4. Amend Sec.  206.17 to revise paragraphs (a)(2), (b)(2), (g)(1), and 
(g)(3) to read as follows:


Sec.  206.17  Limited disclosure of certain confidential business 
information under administrative protective order.

    (a) * * *
    (2) Application. An application under paragraph (a)(1) of this 
section must be made by an authorized applicant on a form adopted by 
the Secretary or a photocopy thereof. A signed application and five (5) 
copies thereof shall be filed. An application on behalf of an 
authorized applicant 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 
confidential business 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 days before the deadline for filing 
posthearing briefs in the investigation, and shall not be served with 
confidential business information.
* * * * *
    (b) * * *
    (2) Use such confidential business information solely for the 
purposes of representing an interested party in the Commission 
investigation then in progress;
* * * * *
    (g) Exemption from disclosure--(1) In general. Any person may 
request exemption from the disclosure of confidential business 
information under administrative protective order, whether the person 
desires to include such information in a petition filed under this 
Subpart B, 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, 
nondisclosable confidential business information is privileged 
information, classified information, or specific information (e.g., 
trade secrets) of a type for which there is a clear and compelling need 
to withhold from disclosure.
    (2) * * *
    (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 confidential business information, bracketed 
in accordance with Sec.  201.6 of this chapter and Sec.  206.8(c), with 
the specific information as to which exemption from disclosure was 
granted enclosed in triple brackets. This version shall have the 
following warning marked on every page: ``CBI exempted from disclosure 
under APO enclosed in triple brackets.'' The other two versions shall 
conform to and be filed in accordance with the requirements of Sec.  
201.6 of this chapter and Sec.  206.8(c), except that the specific 
information as to which exemption from disclosure was granted shall be 
redacted from those versions of the submission.
* * * * *

[[Page 32978]]

PART 207--INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES 
RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM 
SUBSIDIZED EXPORTS TO THE UNITED STATES

0
1. The authority citation for part 207 continues to read as follows:

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


0
2. Remove and reserve Sec.  207.6.


Sec.  207.6  [Removed]

0
3. Amend Sec.  207.7 by revising paragraphs (a)(2), (b)(2), and (g)(1) 
to read as follows:


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

    (a) * * *
    (2) Application. An application under paragraph (a)(1) of this 
section must be made by an authorized applicant on a form adopted by 
the Secretary or a photocopy thereof. A signed application and five (5) 
copies thereof shall be filed. 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 days 
before the deadline for filing posthearing briefs in the investigation, 
or the deadline for filing briefs in the preliminary phase of an 
investigation, or the deadline for filing submissions in a remanded 
investigation, and shall not be served with business proprietary 
information.
* * * * *
    (b) * * *
    (2) Use such business proprietary information solely for the 
purposes of representing an interested party in the Commission 
investigation then in progress or during judicial or other review of 
such Commission investigation;
* * * * *
    (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, 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, 
nondisclosable confidential business information is privileged 
information, classified information, or specific information (e.g., 
trade secrets) of a type for which there is a clear and compelling need 
to withhold from disclosure. 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.
* * * * *

0
4. Amend Sec.  207.62 to revise paragraph (b)(2) to read as follows:


Sec.  207.62  Rulings on adequacy and nature of Commission review.

* * * * *
    (b) * * *
    (2) Comments shall be submitted within the time specified in the 
notice of institution. In a grouped review, only one set of comments 
shall be filed per party. Comments shall not exceed fifteen (15) pages 
of textual material, double spaced and single sided, on stationery 
measuring 8\1/2\ x 11 inches. Comments containing new factual 
information shall be disregarded.
* * * * *

0
5. Amend Sec.  207.64 to revise paragraph (b) to read as follows:


Sec.  207.64  Staff Reports.

* * * * *
    (b) Final staff report. After the hearing, the Director shall 
revise the prehearing staff report and submit to the Commission, prior 
to the Commission's determination, a final version of the staff report. 
The final staff report is intended to supplement and correct the 
information contained in the prehearing staff report. The Director 
shall place the final staff report in the record. A public version of 
the final staff report shall be made available to the public and a 
business proprietary version shall also be made available to persons 
authorized to receive business proprietary information under Sec.  
207.7.

PART 210--ADJUDICATION AND ENFORCEMENT

0
1. The authority citation for part 210 continues to read as follows:

    Authority: 19 U.S.C. 1333, 1335, and 1337.

0
2. Amend Sec.  210.4 to revise paragraph (f)(2) to read as follows:


Sec.  210.4  Written submissions; representations; sanctions.

* * * * *
    (f) * * *
    (2) Unless the Commission or this part specifically states 
otherwise,
    (i) The original and 6 true copies of each submission shall be 
filed if the investigation or related proceeding is before an 
administrative law judge, and
    (ii) The original and 12 true copies of each submission shall be 
filed if the investigation or related proceeding is before the 
Commission, except that a submitter shall file the original and 6 
copies of any exhibits filed with a request or petition for related 
proceedings.
* * * * *

0
3. Amend Sec.  210.8 to revise paragraph (a) to read as follows:


Sec.  210.8  Commencement of preinstitution proceedings.

    (a) Upon receipt of complaint. A preinstitution proceeding is 
commenced by filing with the Secretary a signed original complaint and 
the requisite number of true copies. The complainant shall file 12 
confidential copies of the complaint along with 6 copies of any 
exhibits filed with the complaint, 12 nonconfidential copies of the 
complaint along with 6 copies of any exhibits filed with the complaint, 
plus one confidential copy and one nonconfidential copy of the 
complaint and exhibits for each person named in the complaint as 
violating section 337 of the Tariff Act of 1930, and one 
nonconfidential copy for the government of each foreign country of any 
person or persons so named. The same requirements apply for the filing 
of a supplement to the complaint. If the complainant is seeking 
temporary relief, the complainant must file 12 confidential copies of 
the motion along with 6 copies of any exhibits filed with the motion, 
12 nonconfidential copies along with 6 copies of any exhibits filed 
with the motion, plus one additional confidential copy and one 
additional nonconfidential copy of the motion and exhibits for each 
proposed respondent, and one nonconfidential copy for the government of 
the foreign country of the proposed respondent. The additional copies 
of the complaint and motion for

[[Page 32979]]

temporary relief for each proposed respondent and the appropriate 
foreign government are to be provided notwithstanding the procedures 
applicable to a motion for temporary relief, which require service of 
the complaint and motion for temporary relief by the complainant.

PART 212--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT

0
1. The authority citation for part 212 continues to read as follows:

    Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5 
U.S.C. 504(c)(1)).


0
2. Amend Sec.  212.29 to read as follows:


Sec.  212.29  Payment of award.

    An applicant seeking payment of an award shall submit to the Office 
of Finance of the Commission a copy of the Commission's final 
determination granting the award, accompanied by a statement that the 
applicant will not seek review of the decision in the United States 
courts. The address for submission to the Commission is: United States 
International Trade Commission, Office of Finance, 500 E Street SW., 
Washington, DC 20436. The Commission will pay the amount to the 
applicant within 60 days, unless judicial review of the award or of the 
underlying determination of the adversary adjudication has been sought 
by the applicant or any other party to the proceeding.

    Issued: May 27, 2003.

    By Order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-13688 Filed 6-2-03; 8:45 am]
BILLING CODE 7020-02-P