[Federal Register Volume 68, Number 190 (Wednesday, October 1, 2003)]
[Notices]
[Pages 56648-56649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24805]


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INTERNATIONAL TRADE COMMISSION


Sanction for Dissemination of ``ITC Questionnaire Tip Sheet''

AGENCY: U.S. International Trade Commission.

ACTION: Sanction for dissemination of ``ITC Questionnaire Tip Sheet''.

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SUMMARY: Notice is hereby given of the sanction imposed by the 
Commission for the dissemination of a document entitled ``ITC 
Questionnaire Tip Sheet'' by Sanford B. Ring, Esq. of the law firm of 
Dykema Gossett to a client and a non-client in Steel Consuming 
Industries: Competitive Conditions With Regard to Steel Safeguard 
Measures, Inv. No. 332-452. The Commission found that there was good 
cause to sanction Ring, pursuant to 19 CFR 201.15(a), because the tip 
sheet went beyond the boundaries of appropriate guidance for clients 
and non-clients regarding their responses to Commission questionnaires. 
The Commission believes it is important to maintain the integrity of 
its investigations and to ensure that questionnaire responses in a 
fact-finding Commission investigation will be accurate and not 
inappropriately influenced by counsel seeking to support his or her 
view of the facts in an investigation.

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

[[Page 56649]]

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 Steel Consuming 
Industries investigation, Mr. Ring drafted and transmitted an ``ITC 
Questionnaire Tip Sheet'' to his client, the Motor and Equipment 
Manufacturers Association (``MEMA''). Ring also transmitted the tip 
sheet to a non-client, the National Electrical Manufacturers 
Association (``NEMA''). Both MEMA and NEMA acknowledge that they 
electronically transmitted the tip sheet to a group of firms and 
associations. The tip sheet is a document that aggressively and 
inappropriately coaches questionnaire respondents on how to complete 
the questionnaires in the Steel Consuming Industries investigation. We 
note at the outset that some information the Commission considered in 
this matter cannot be discussed as it has been given confidential 
treatment, as requested by Mr. Ring.
    The Commission has found the tip sheet contains inappropriate 
coaching of questionnaire respondents in fact-finding investigations, 
such as a section 332 investigation, because it is worded in a manner 
that encourages misleading responses to the questionnaires. The first 
sentence of the tip sheet states that ``the overriding goal is to tell 
a compelling story.'' The second paragraph states that ``[w]e want to 
demonstrate that the adverse impact of the tariffs on steel users has 
been great, and that it will be even worse going forward. It is 
important to bear this point in mind as you answer the questions--your 
projections for the future should be even more bleak than what has 
happened to date.'' (Emphasis in the original). The tip sheet 
encourages the respondent to use estimates ``if information is not 
readily available from your records in exactly the form requested'' and 
to resolve estimates ``in favor of a more compelling story.'' In 
addition, regarding projections in the future, the tip sheet encourages 
the respondent to be ``creative and ``extrapolative.'''' There is no 
statement in the tip sheet that reminds the respondents that their 
responses must be true and accurate other than to suggest that they 
read the ITC instruction booklets prior to completing the 
questionnaires.
    The Commission finds the tip sheet to be an entirely inappropriate 
form of coaching questionnaire respondents in a fact-finding section 
332 investigation.
    Sanford B. Ring is reprimanded for drafting the tip sheet and 
disseminating it to a client and non-client in the Steel Consuming 
Industries investigation.
    The authority for this action is conferred by Sec. 201.15(a) of the 
Commission's rules of practice and procedure (19 CFR 201.15(a)).

    Issued: September 24, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-24805 Filed 9-30-03; 8:45 am]
BILLING CODE 7020-02-P