[Federal Register Volume 68, Number 240 (Monday, December 15, 2003)]
[Notices]
[Pages 69718-69719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30833]


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INTERNATIONAL TRADE COMMISSION


Sanction for Breach of Commission Administrative Protective Order

AGENCY: International Trade Commission.

ACTION: Sanction for breach of Commission administrative protective 
order.

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SUMMARY: Notice is hereby given of the sanction imposed by the 
Commission for a breach of the administrative protective order 
(``APO'') issued in Hot Rolled Steel Products from Argentina, China, 
Indonesia, Kazakstan, the Netherlands, Romania, South Africa, Taiwan, 
Thailand, and Ukraine (Hot Rolled Steel Products), Inv. Nos. 701-TA-
404-408 and 731-TA-898-908 (Final). The Commission determined that 
attorney Bruce Aitken breached the APO in the Hot Rolled Steel Products 
investigations by failing to provide adequate supervision over another 
attorney who had little experience in the bracketing of business 
proprietary information (``BPI'') and who prepared a public version of 
a brief containing BPI and served the brief on other parties to the 
investigations, some of whom were not signatories to the APO. This 
public reprimand is being issued because the aforementioned breach is 
the fourth breach for Mr. Aitken occurring within a three-year, one-
month period. On November 14, 2001, the Commission had previously 
publicly reprimanded Mr. Aitken for the second and third of the four 
breaches. 66 FR 57110 (November 14, 2001).

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 Hot Rolled Steel 
Products investigations, Bruce Aitken filed an application for access 
to APO information with the Commission. In that application, he 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. He also acknowledged in the APO that violation 
of the APO could subject him, and his 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 his application.
    The firm with which Mr. Aitken is affiliated, Aitken Irvin Berlin & 
Vrooman, LLP, is very experienced in Commission practice as is Mr. 
Aitken, the senior name partner. Mr. Aitken appears frequently before 
the Commission and has sought access to APO information on a regular 
basis. He has been found to have previously breached an APO in recent 
prior investigations. None of these prior breaches was egregious enough 
to warrant a public reprimand when considered separately, but by the 
third breach the Commission determined that a public reprimand was 
warranted for the series of breaches. The Commission found that the 
series of breaches resulting in the previous public reprimand 
demonstrated a disturbing and unacceptable pattern of overall failure 
to safeguard information released

[[Page 69719]]

under APO. In spite of the public reprimand at that time, Mr. Aitken 
substantially participated in the Hot Rolled Steel Products 
investigations with a lawyer who was inexperienced in Commission title 
VII investigations, but who, despite his inexperience with Commission 
investigations, was named lead attorney and APO Compliance Officer for 
the firm. Although Mr. Aitken participated in the drafting of the 
confidential version of the brief, he did not participate in the 
preparation of the public version of the brief where historically his 
firm has committed most of its APO breaches. The Commission found that 
as the senior name partner in the firm with many years of experience in 
title VII investigations, Mr. Aitken failed in his obligations under 
the APO by not participating in the preparation of the public brief 
and/or supervising the other attorney more closely to prevent the next 
in a lengthy series of APO breaches that has been caused by various 
members of Mr. Aitken's firm.
    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 APO in the Hot Rolled 
Steel Products investigations as stated above and for committing 
multiple APO breaches over a relatively short period of time.
    The Commission determined to suspend Mr. Aitken's access to APO 
information for a period of six months from the date of publication of 
this notice in the Federal Register. In addition, the Commission 
directs the law firm of Aitken Irvin Berlin & Vrooman, LLP to have at 
least two attorneys review all documents to be filed with the 
Commission for APO compliance, to so certify to the Commission on an 
annual basis, and to continue that practice for five 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)).

    By order of the Commission.

    Issued: December 9, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-30833 Filed 12-12-03; 8:45 am]
BILLING CODE 7020-02-P