[Federal Register Volume 77, Number 30 (Tuesday, February 14, 2012)]
[Rules and Regulations]
[Pages 8114-8116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3267]


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INTERNATIONAL TRADE COMMISSION

19 CFR Chapter II


Plan for Retrospective Analysis of Existing Rules

AGENCY: International Trade Commission.

ACTION: Policy statement.

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SUMMARY: The United States International Trade Commission (Commission) 
gives notice of the adoption of a plan for the retrospective analysis 
of its existing regulations.

FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Office of the General 
Counsel, United States International Trade Commission, telephone 202-
205-3094. Hearing-impaired individuals are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
at 202-

[[Page 8115]]

205-1810. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: Executive Order 13579 of July 11, 2011, 
calls on each independent regulatory agency to develop and release to 
the public, within 120 days of the date of the Executive Order, a plan 
under which the agency will periodically review its significant 
regulations to determine whether any such regulations should be 
modified, streamlined, expanded, or repealed so as to make the agency's 
regulatory program more effective or less burdensome in achieving 
regulatory objectives.
    The Commission sought public comments on its Preliminary Plan for 
Retrospective Analysis of Existing Rules. 76 FR 66004 (Oct. 25, 2011). 
It received one comment on the preliminary plan from the law firm of 
Hughes Hubbard & Reed. Hughes Hubbard & Reed endorsed the preliminary 
plan and urged the Commission in particular to review 19 CFR Part 201. 
It stated its belief that certain modifications should be made to this 
regulation to render the Commission's investigations more effective. 
For example, Hughes Hubbard & Reed advocated broadening the language of 
19 CFR 201.12 to clarify that the Commission will accept requests from 
parties to take action between an investigation's enumerated briefing 
periods. The Commission will take these comments into account when 
conducting its retrospective review of its rules.
    The Commission has decided to adopt the Plan for Retrospective 
Analysis of Existing Rules without significant changes from the version 
that was preliminarily proposed. Accordingly, the Commission adopts the 
following Plan for Retrospective Analysis of Existing Rules.

United States International Trade Commission

Plan for Retrospective Analysis of Existing Rules

February 2012

I. Executive Summary of Plan

    Executive Orders 13579 and 13563 recognize the importance of 
maintaining a consistent culture of retrospective review and analysis 
throughout the federal government. Executive Order 13579 calls on each 
independent regulatory agency to develop and release to the public a 
plan, consistent with law and reflecting the agency's resources and 
regulatory priorities and processes, under which the agency will 
periodically review its significant regulations to determine whether 
any such regulations should be modified, streamlined, expanded, or 
repealed so as to make the agency's regulatory program more effective 
or less burdensome in achieving the regulatory objectives.
    Pursuant to Executive Order 13579, the U.S. International Trade 
Commission developed this plan for retrospective analysis of its 
regulations. The plan is designed to create a defined method and 
schedule for identifying and reconsidering certain significant rules 
that are obsolete, unnecessary, unjustified, excessively burdensome, or 
counterproductive. Its review processes are intended to facilitate the 
identification of rules that warrant repeal or modification, or the 
strengthening, complementing, or modernizing of rules where necessary 
or appropriate.

II. Background

    The Commission is an independent, quasi-judicial federal agency 
with broad investigative responsibilities on matters of trade. It 
investigates the effects of dumped and subsidized imports on domestic 
industries, conducts global safeguard investigations, and adjudicates 
cases involving imports that allegedly infringe intellectual property 
rights. The Commission also serves as a federal resource where trade 
data and other trade policy-related information are gathered and 
analyzed. The information and analysis are provided to the President, 
the Office of the United States Trade Representative (USTR), and 
Congress to facilitate the development of sound and informed U.S. trade 
policy. The Commission makes most of its information and analysis 
available to the public to promote understanding of international trade 
issues. The Commission also maintains the Harmonized Tariff Schedule of 
the United States (HTS).
    Thus, the Commission is not primarily a regulatory agency, and its 
regulations generally serve to govern the process of its statutory 
investigative responsibilities. In carrying out its mission, the 
Commission issues rules of practice and procedure relating to the 
conduct of its investigations. The Commission's rules are codified in 
Title 19 of the Code of Federal Regulations.
     Part 201 of the Commission's rules are rules of general 
application relating to the functions and activities of the Commission.
     Part 202 sets out rules pertaining to investigations of 
costs of production under section 336 of the Tariff Act of 1930, as 
amended (19 U.S.C. 1336).
     Part 204 contains rules pertaining to investigations of 
effects of imports on agricultural programs under section 22 of the 
Agricultural Adjustment Act, as amended (7 U.S.C. 624).
     Part 205 covers rules pertaining to investigations to 
determine the probable economic effect on the economy of the United 
States of proposed modifications of duties or any other barrier to (or 
other distortion of) international trade or of taking retaliatory 
actions to obtain the elimination of unjustifiable or unreasonable 
foreign acts or policies which restrict U.S. commerce.
     Part 206 pertains to investigations relating to global and 
bilateral safeguard actions, market disruption, trade diversion, and 
review of relief actions.
     Part 207 sets out rules for the conduct of antidumping and 
countervailing duty investigations conducted under title VII of the 
Tariff Act of 1930, as amended (19 U.S.C. 1671 et seq.).
     Part 208 contains rules pertaining to investigations with 
respect to the commercial availability of textile fabric and yarn in 
Sub-Saharan African countries.
     Part 210 sets out rules for the conduct of investigations 
of unfair practices in import trade under section 337 of the Tariff Act 
of 1930, as amended (19 U.S.C. 337).
     Part 212 establishes rules for the implementation of the 
Equal Access to Justice Act (5 U.S.C. 504).
    In the course of its investigations, the Commission generally 
issues questionnaires seeking business and financial information from 
domestic and foreign firms. These questionnaires are frequently revised 
and adapted, with the input of affected parties wherever possible.
    The Commission also maintains several documents that provide 
guidance to parties involved in its investigations, including its 
``Antidumping and Countervailing Duty Handbook,'' ``An Introduction to 
Administrative Protective Order Practice in Import Injury 
Investigations,'' and the ``Handbook on Electronic Filing Procedures.'' 
These documents are maintained in electronic form on the Commission's 
Web site and are reviewed and updated periodically.

III. Scope of Plan

    This plan covers existing regulations, existing information 
collections, and significant guidance documents.

[[Page 8116]]

IV. Elements of the Plan

    Fostering a Culture of Retrospective Analysis. The Commission 
intends to strengthen its culture of retrospective analysis by 
informing all of its employees of the plan and periodically seeking 
input from them.
    Prioritization. The Commission has identified selection criteria 
for the rules it will review retrospectively. It will endeavor to 
review rules that:
     Have been affected by subsequent legal developments;
     Overlap, duplicate, or conflict with other federal rules;
     Are the subject of public comments, from individuals and 
entities that appear before the Commission, and from Congressional and 
Executive Branch sources;
     Require outdated reporting practices; or
     Have been in place for a long time, so that updating may 
be appropriate.
    Structure and Staffing. The following Commission official will be 
responsible for overseeing the retrospective review of existing rules: 
James R. Holbein, Secretary, email: [email protected].
    Process for Retrospective Review. Every two years, the Commission's 
General Counsel will send a memorandum to the Commission's Secretary, 
office directors, and administrative law judges asking them for input 
on rules suitable for modification or elimination. The Commission will 
also seek input from the public at that time. Based on responses to 
this memorandum and comments from the public, and in consultation with 
Commissioners, the General Counsel's office will make recommendations 
to the Commission regarding the possible modification or elimination of 
existing regulations. Once an appropriate rule change has been 
identified, the Commission will publish a notice of proposed rulemaking 
and solicit public comment on the proposed change.

IV. Public Access and Participation

    On October 25, 2011, the Commission published a notice in the 
Federal Register and posted it on the homepage of its Web site seeking 
public comment on the design of this plan and the identification of 
specific rules to be included in the plan. 76 FR 66004 (Oct. 25, 2011) 
and http://www.usitc.gov/secretary/fed_reg_notices/rules/eRuling_notice10182011sgl.pdf.
    The Commission received one comment on the preliminary plan from a 
law firm. This firm endorsed the preliminary plan and urged the 
Commission to review 19 CFR part 201, and in particular 19 CFR 201.12, 
to clarify that the Commission will accept requests from parties to 
take action between an investigation's enumerated briefing periods. The 
Commission will take these comments into account when conducting its 
retrospective review of its rules.

VI. Current Agency Efforts Already Underway Independent of Executive 
Order 13579

    Even before the issuance of Executive Order 13579, Commission staff 
periodically reviewed existing regulations with a view to updating and 
improving them, and eliminating redundant or unnecessary regulations. 
For example, in October 2011, after notice and comment, the Commission 
amended its rules to provide that most documents filed with the agency 
will be filed by electronic means. See 76 FR 61937 (Oct. 6, 2011). The 
Commission also amended its rules to gather more information on public 
interest issues arising out of section 337 complaints. See 76 FR 64803 
(Oct. 19, 2011). The Commission's 337 practice has an active and 
independent bar association that promotes an ongoing exchange of ideas 
on rules updates and improvements. In addition, the Commission staff 
constantly adapts the questionnaires that it issues in Title VII 
investigations to reflect the specific circumstances of each 
investigation. Wherever possible, the staff seek preliminary input from 
firms that will be asked to complete these questionnaires. In light of 
these efforts, the Commission is well-positioned to implement a more 
systematic plan for retrospective review of its regulations.

VII. Examples of Rules for Retrospective Review

    The Commission has preliminarily identified the following aspects 
of its existing rules for review over the next two years:
    1. General review of existing regulations in 19 CFR parts 201, 207, 
and 210. The Commission will seek to determine whether any such 
regulations shall be modified, streamlined, expanded or repealed so as 
to make the agency's regulations more effective or less burdensome.
    2. Employee Responsibilities and Conduct, 19 CFR part 200. The 
Commission intends to review its regulations addressing employee 
responsibilities and conduct, to assess whether these regulations can 
be modified or repealed, in light of the issuance of similar 
regulations by the Office of Government Ethics.
    3. National Security Information, 19 CFR part 201, Subpart F. The 
Commission intends to review its regulations addressing national 
security information, to assess whether these regulations should be 
modified, in light of Executive Order 13526 (Dec. 29, 2009).
    4. Investigations With Respect to Commercial Availability of 
Textile Fabric and Yarn in Sub-Saharan African Countries, 19 CFR part 
208. The Commission intends to review its regulations addressing 
investigations with respect to the commercial availability of textile 
fabric and yarn in Sub-Saharan African countries, to assess whether 
these regulations can be repealed, in light of the repeal of section 
112(c)(2) of the African Growth and Opportunity Act (AGOA), which 
required the Commission to make determinations with respect to the 
commercial availability and use of regional textile fabric or yarn in 
lesser developed beneficiary sub-Saharan African countries in the 
production of apparel articles receiving U.S. preferential treatment 
under AGOA (see section 3(a)(2)(B) of Pub. L. 110-436, October 16, 
2008, 122 Stat. 4980).

This list is non-exhaustive and the Commission will consider whether 
other parts of its regulations should also be subject to review within 
the next two years.

VIII. Publishing the Plan Online

    The Commission will publish this plan in the Federal Register and 
on the agency's Web site, at www.usitc.gov. The Web site includes a 
page on the Commission's Rules of Practice and Procedure, at http://www.usitc.gov/secretary/fed_reg_notices/rules/. This Rules page will 
include a link to the plan. Members of the public will be able to post 
comments about the plan via a link on the page. Commenters may also 
choose to file comments in paper form to the Secretary to the 
Commission, Room 112, 500 E Street SW., Washington, DC 20436.

    By Order of the Commission.

    Issued: February 8, 2012.
James Holbein,
Secretary to the Commission.
[FR Doc. 2012-3267 Filed 2-13-12; 8:45 am]
BILLING CODE 7020-02-P