[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Proposed Rules]
[Pages 71113-71115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20766]


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INTERNATIONAL TRADE COMMISSION

19 CFR Part 210

[MISC-022]


Adjudication and Enforcement

AGENCY: U.S. International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes to amend some of its rules for 
investigations and related proceedings under section 337 of the Tariff 
Act of 1930 (19 U.S.C. 1337) to do the following: (1) Provide for 
service of certain Commission documents by overnight delivery; and (2) 
provide one additional day to respond to Commission documents served by 
overnight delivery. The current manner of service of Commission 
documents is not effective according to recent agency studies. These 
rules will ensure effective service of Commission documents on private 
parties in section 337 investigations and related proceedings.

DATES: Submit comments on or before February 6, 2007.

ADDRESSES: You may submit comments, identified by docket number MISC-
022 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.usitc.gov. Follow the 
instructions for submitting comments. See http://www.usitc.gov/secretary/edis.htm.
     Mail: For paper submission. U.S. International Trade 
Commission, 500 E

[[Page 71114]]

Street, SW., Room 112, Washington, DC 20436.
     Hand Delivery/Courier: U.S. International Trade 
Commission, 500 E Street, SW., Room 112, Washington, DC 20436. From the 
hours of 8:45 a.m. to 5:15 p.m.
    For detailed instructions on submitting comments, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Esq., telephone 202-
708-2310, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.usitc.gov). Hearing-impaired persons 
are advised that information on the proposed rulemaking can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION:

Public Participation

    Instructions: All submissions received must include the agency name 
and docket number (MISC-022) or Regulatory Information Number (RIN) for 
this rulemaking. All comments received will be posted without change to 
http://www.usitc.gov, including any personal information provided. For 
paper copies, a signed original and 14 copies of each set of comments, 
along with a cover letter stating the nature of the commenter's 
interest in the proposed rulemaking, should be submitted to Marilyn R. 
Abbott, Secretary, U.S. International Trade Commission, 500 E Street, 
SW., Room 112, Washington, DC 20436. Comments, along with a cover 
letter, may be submitted electronically to the extent provided by 
section 201.8 of the Commission's rules. This rule may refer commenters 
to the Handbook for Electronic Filing Procedures (see http://www.usitc.gov/secretary/edis.htm). For those submitting comments by 
mail, it is advisable to mail in comments in advance of the due date 
since Commission mail will be delayed due to necessary security 
screening.
    Docket: For access to the docket to read comments received, go to 
http://www.usitc.gov or U.S. International Trade Commission, 500 E 
Street, SW., Room 112, Washington, DC 20436.
    The preamble below is designed to assist readers in understanding 
these proposed amendments to the Commission's rules. The preamble 
includes a discussion of the background leading up to these proposed 
amendments, a regulatory analysis addressing government-wide statutes 
and issuances on rulemaking, and a description of the proposed 
amendments to the rules. The Commission encourages members of the 
public to comment--in addition to any other comments they wish to make 
on the proposed amendments--on whether the proposed language is 
sufficiently clear for users of the rules to understand.
    If the Commission decides to proceed with this rulemaking after 
reviewing the comments filed in response to this notice, the proposed 
rule revisions will be promulgated in accordance with the 
Administrative Procedure Act (5 U.S.C. 553), and will be codified in 19 
CFR part 210.

Background

    Currently, service of Commission documents in investigations and 
related proceedings under section 337 of the Tariff Act is effected 
under section 210.7 of the Commission's rules in part 210 (19 CFR 
210.7) which refers back to the general service provisions of Sec.  
201.16 of the Commission's rules in part 201 (19 CFR 201.16). Also, the 
computation of time to respond to Commission documents in section 337 
investigations and related proceedings is governed by Sec.  210.6 of 
the Commission's rules in part 210 (19 CFR 210.6) which refers back to 
the general computation of time presented in Sec.  201.16(d) of the 
Commission's rules in part 201 (19 CFR 201.16(d)). Currently, the 
Commission rules governing service of Commission documents in section 
337 investigations and related proceedings allow for service by mail or 
hand delivery.
    The Commission is considering changing the manner in which it 
serves certain documents in section 337 investigations and related 
proceedings to: (1) Eliminate gamesmanship between parties served by 
different manners of service in responding to Commission documents; and 
(2) streamline service of Commission documents. The Commission proposes 
that certain Commission documents, which are identified below, be 
served by overnight delivery on private parties. For these documents 
hand pickup will not be permitted. Parties served by overnight delivery 
will be given one additional day to respond. The Commission is 
considering providing the Commission Investigative Attorney (``IA'') 
with sufficient time to allow filing contemporaneously with the private 
parties.

Regulatory Analysis of Proposed Amendments to 19 CFR Part 210

    The Commission has determined that the proposed rules 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 proposed rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission has chosen to publish a notice 
of proposed rulemaking, these proposed regulations are ``agency rules 
of procedure and practice,'' and thus are exempt from the notice 
requirement imposed by 5 U.S.C. 553(b).
    These proposed rules 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 proposed rules 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 proposed rules are not major rules as defined by section 804 of 
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 (Pub. 
L. 104-121) 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.

Explanation of the Proposed Amendments to 19 CFR Part 210

    The Commission proposes to amend part 210 in the manner described 
below.

Section 210.6

    Section 210.6 governs the computation of response time when a party 
is served with a document that requires a response. The Commission 
proposes to amend that rule by adding provisions concerning when to 
respond to Commission documents that are served by overnight delivery.

[[Page 71115]]

    The Commission proposes to revise the text of Sec.  210.6 by 
dividing the current text and designating the portions as paragraphs 
(a) and (b) of the amended rule. Also, the Commission proposes to add a 
new paragraph (c) which provides that a party shall be given one 
additional day to respond to a Commission document when served by 
overnight delivery, and add another new paragraph (d) which defines 
``overnight delivery''.

Section 210.7

    Paragraph (a) of Sec.  210.7 governs the service of process of 
Commission documents. The Commission proposes to amend that rule by 
adding provisions concerning service of certain documents by overnight 
delivery on private parties (for these documents hand pickup will not 
be permitted).
    The Commission proposes to revise and redesignate current paragraph 
(a) as paragraph (a)(1), and then add new paragraph (a)(2) which 
provides that certain Commission documents shall be served by overnight 
delivery.

List of Subjects in 19 CFR Part 210

    Administration practice and procedure, Business and industry, 
Customs duties and inspection, Imports, Investigations.
    For the reasons discussed in the preamble, the United States 
International Trade Commission proposes to amend 19 CFR part 210 as 
follows:

PART 210--ADJUDICATION AND ENFORCEMENT

    1. The authority citation for part 210 will continue to read as 
follows:

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

    2. Revise Sec.  210.6 to read as follows:


Sec.  210.6  Computation of time, additional hearings, postponements, 
continuances, and extensions of time.

    (a) Unless the Commission, the administrative law judge, or this or 
another section of this part specifically provides otherwise, the 
computation of time and the granting of additional hearings, 
postponements, continuances, and extensions of time shall be in 
accordance with Sec. Sec.  201.14 and 201.16(d) of this chapter.
    (b) Whenever a party has the right or is required to perform some 
act or to take some action within a prescribed period after service of 
a document upon it, and the document was served by mail, the deadline 
shall be computed by adding to the end of the prescribed period the 
additional time allotted under Sec.  201.16(d), unless the Commission, 
the administrative law judge, or another section of this part 
specifically provides otherwise.
    (c) Whenever a party has the right or is required to perform some 
act or to take some action within a prescribed period after service of 
a Commission document upon it, and the document was served by overnight 
delivery, the deadline shall be computed by adding one day to the end 
of the prescribed period, unless the Commission, the administrative law 
judge, or another section of this part specifically provides otherwise.
    (d) ``Overnight delivery'' is defined as delivery by the next 
business day.
    3. Amend Sec.  210.7 by revising paragraph (a) to read as follows:


Sec.  210.7  Service of process and other documents; publication of 
notices.

    (a) Manner of service. (1) The service of process and all documents 
issued by or on behalf of the Commission or the administrative law 
judge--and the service of all documents issued by parties under 
Sec. Sec.  210.27 through 210.34 of this part--shall be in accordance 
with Sec.  201.16 of this chapter, unless the Commission, the 
administrative law judge, or this or another section of this part 
specifically provides otherwise.
    (2) The service of all initial determinations as defined in Sec.  
210.42 and all documents containing confidential business information--
issued by or on behalf of the Commission or the administrative law 
judge--on a private party shall be effected by serving a copy of the 
document by overnight delivery--as defined in Sec.  210.6(d)--on the 
person to be served, on a member of the partnership to be served, on 
the president, secretary, other executive officer, or member of the 
board of directors of the corporation, association, or other 
organization to be served, or, if an attorney represents any of the 
above before the Commission, by serving a copy by overnight delivery on 
such attorney.
* * * * *

    Issued: December 4, 2006.

    By Order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-20766 Filed 12-7-06; 8:45 am]
BILLING CODE 7020-02-P