[Federal Register Volume 73, Number 214 (Tuesday, November 4, 2008)]
[Notices]
[Pages 65615-65616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26196]


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INTERNATIONAL TRADE COMMISSION


Initiation of Pilot Mediation Program for Investigations Under 
Section 337 of the Tariff Act of 1930

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Commission has approved the 
initiation of a voluntary pilot mediation program for investigations 
under section 337 of the Tariff Act of 1930, as amended.

FOR FURTHER INFORMATION CONTACT: James Holbein, Supervisory Attorney 
for Docket Services, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-1873, or James Worth, 
Office of the General Counsel, U.S. International Trade Commission, 500 
E Street, SW., Washington, DC 20436, telephone (202) 205-3065. General 
information concerning the Commission may also be obtained by accessing 
its Internet server at http://www.usitc.gov. Hearing-impaired persons 
are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810.

[[Page 65616]]


SUPPLEMENTARY INFORMATION: The Commission has approved the initiation 
of a voluntary pilot mediation program for investigations under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 
337''). The purposes of the pilot mediation program are to facilitate 
the settlement of disputes and to evaluate the possible implementation 
of a permanent mediation program.
    As discussed in a Users' Manual for the Commission Pilot Mediation 
Program (Users' Manual), available at http://www.usitc.gov, the 
Commission will facilitate the holding of a settlement conference with 
a professional mediator for investigations participating in the pilot 
mediation program. The administrative management of the pilot mediation 
program is coordinated by the Supervisory Attorney for Docket Services. 
The pilot mediation program is supervised by the Office of the 
Chairman.
    All section 337 investigations are eligible for participation in 
the pilot mediation program. A presiding Administrative Law Judge may 
nominate an investigation for inclusion in the pilot mediation program 
by so indicating to the Supervisory Attorney for Docket Services. 
Private parties may also request, individually or jointly, that an 
investigation be included in the pilot mediation program by filing a 
Confidential Request to Enter Mediation, a form which will be available 
from the Office of Dockets and at http://www.usitc.gov. Such a request 
should be submitted to: James R. Holbein, Supervisory Attorney, Docket 
Services, U.S. International Trade Commission, 500 E Street SW., Room 
112, Washington, DC 20436.
    While it is expected that all or nearly all of the selections for 
inclusion in the pilot mediation program will be made at the initiative 
of the presiding Administrative Law Judge or counsel for the parties, 
the Supervisory Attorney for Docket Services may select additional 
investigations for inclusion in the pilot mediation program at the 
direction of the Office of the Chairman. Although the Administrative 
Law Judge and the Commission have the power under the Administrative 
Procedure Act to require attendance at a settlement conference, 
including the use of alternative dispute resolution, the Commission has 
determined that parties' participation in the pilot mediation program 
will be on a voluntary basis. At the same time, the mediator will 
conduct the mediation only if he or she believes that the case would 
benefit from mediation and has settlement potential. The Commission 
gives notice that parties should not seek to delay or postpone 
proceedings before the presiding administrative law judge based on 
their participation in the pilot mediation program.
    As described in the Users' Manual, mediation is a confidential 
process. The Commission investigative attorney will not conduct, 
participate in, or have knowledge of the proceedings, but may, 
consistent with current practice, review any settlement agreement that 
arises out of a successful mediation in making a recommendation to the 
Administrative Law Judge regarding whether a settlement is in the 
public interest.
    The authority for the Commission's determination is contained in 
the Administrative Procedure Act, as amended, see 5 U.S.C. 556(c)(6)-
(8), 572-74, 583, and in sections 335 and 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1335, 1337.

    By order of the Commission.

    Issued: October 29, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-26196 Filed 11-3-08; 8:45 am]
BILLING CODE 7020-02-P