[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Rules and Regulations]
[Pages 39377-39381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16435]


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INTERNATIONAL TRADE COMMISSION

19 CFR Parts 201, 206, 208, and 213, and 214 Through 299


Rules of General Application; Investigations Relating to Global 
and Bilateral Safeguard Actions, Market Disruption, Trade Diversion, 
and Review of Relief Actions; Investigations With Respect to Commercial 
Availability of Textile Fabric and Yarn in Sub-Saharan African 
Countries; Trade Remedy Assistance

AGENCY: International Trade Commission.

ACTION: Final rule.

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SUMMARY: The United States International Trade Commission 
(``Commission'') amends provisions of its Rules of Practice and 
Procedure concerning the Freedom of Information Act, the Privacy Act, 
the Government in the Sunshine Act, certain investigations, and trade 
remedy assistance. The amendments are part of the agency's 
retrospective analysis of its Rules that attempts to determine whether 
rules should be modified, streamlined, expanded, or repealed so as to 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.

DATES: This rule is effective on August 10, 2015.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone 
(202) 205-2000, United States International Trade Commission. 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 may also be obtained by 
accessing its Internet server at http://www.usitc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt such reasonable procedures, rules, and 
regulations as it deems necessary to carry out its functions and 
duties. This rulemaking seeks to improve provisions of the Commission's 
existing Rules of Practice and Procedure.
    Consistent with its ordinary practice, the Commission is issuing 
these amendments in accordance with provisions of section 553 of the 
Administrative Procedure Act (``APA'') (5 U.S.C. 553), although such 
provisions are not mandatory with respect to this rulemaking. The APA 
procedure entails the following steps: (1) Publication of a notice of 
proposed rulemaking; (2) solicitation of public comments on the 
proposed amendments; (3) Commission review of public comments on the 
proposed amendments; and (4) publication of final amendments at least 
thirty days prior to their effective date.
    This rulemaking is a result of the Commission's Plan for 
Retrospective Analysis of Existing Rules, which was published on 
February 14, 2012, at 77 FR 8114. The plan was issued in response to 
Executive Order 13579 of July 11, 2011 (76 FR 41587, July 14, 2011), 
and established a process under which the Commission will periodically 
review its significant rules to determine whether any such rules 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's Plan calls for the 
agency to seek public input on its Rules every two years.
    Pursuant to the Plan, the Commission published a notice of proposed 
rulemaking on February 6, 2015 (80 FR 6665). This notice proposed 
certain amendments to the Commission's Rules. The proposed amendments 
concerned the Freedom of Information Act, the Privacy Act, the 
Government in the Sunshine Act, certain investigations, and trade 
remedy assistance. The notice also sought input to assist the 
Commission in determining whether, in addition to the proposed 
amendments, any of the agency's Rules 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 public was invited to comment both on the proposed amendments and 
on any of the Commission's existing Rules.
    The Commission received comments in response to the notice of 
proposed rulemaking. By letter dated April 6, 2015, the Customs and 
International Trade Bar Association (CITBA) filed comments and a 
request to revise the

[[Page 39378]]

Commission's Handbook on Filing Procedures dated August 8, 2014.
    In its comments, CITBA stated that the Commission's approach of 
requiring the filing of both paper copies and electronic copies is 
burdensome on submitters and causes confusion and complications for 
both the agency and private parties. Citing the practices of the 
Department of Commerce and the U.S. Court of International Trade, CITBA 
urged the Commission to modify its procedures and revise the Handbook 
to eliminate the requirement that paper copies be submitted when filing 
electronically. In the alternative, CITBA urged the application of a 
``lag rule'' to allow parties to file paper copies the next business 
day after electronic filing.
    The Commission discussed similar concerns in its final rulemaking 
notice of June 25, 2014 (79 FR 35920). That notice acknowledged that 
there is a trend toward greater electronic filing in agency and court 
proceedings. The notice concluded that, for the time being, the 
Commission and its staff would need to continue to rely on receiving 
paper copies of documents in light of the tight deadlines and 
voluminous factual records entailed by its investigations and other 
proceedings, as well as the constraints of current technology and the 
Commission's ability to adopt new technology given budgetary 
restrictions. The situation has not changed materially since that time, 
and therefore the Commission is not yet in a position to change its 
practice with respect to paper and electronic filing. The Commission 
will continue to monitor requirements pertaining to filing of documents 
as technology develops.
    A comment was received from the National Archives and Records 
Administration's Office of Government Information Services (OGIS). OGIS 
commended the Commission for proposing updates to make its Freedom of 
Information Act (FOIA) regulations more consistent with the OPEN 
Government Act of 2007. OGIS recommended that the Commission expand its 
rulemaking to cover additional changes to the law made by that statute, 
including recognizing the right of FOIA requesters to seek mediation 
services from OGIS as a non-exclusive alternative to litigation.
    OGIS suggested defining certain terms for clarity; referencing the 
processes for tracking and referring requests; explaining the 
intersection between FOIA and the Privacy Act; providing that oral 
requests are not permitted; adding details on what information is 
provided when requests are denied and how fees are charged; describing 
how FOIA records are preserved; and providing web links to the agency's 
hearing reporter and to the agency's publications. OGIS recommended 
that a requester not be required to specify that his or her request is 
made under FOIA.
    The Commission is adopting most of OGIS' suggestions in the final 
amendments set out below. In most changes, statutory language is 
summarized rather than reproduced in its entirety. The Commission is 
not adopting the suggestion that the rules no longer require a 
requester to indicate that the request is made under FOIA. Agency 
personnel receive a substantial number of informal requests that are 
handled without the need to go through the FOIA process. The Commission 
believes that it would be neither necessary nor practical to consider 
all such requests as being made under FOIA.
    OGIS suggested providing a web link to the agency's hearing 
reporter. Because the Commission obtains court reporting by contract, 
the identity of the reporter may change over time, and is therefore not 
information that the Commission considers to be appropriate for 
inclusion in its Rules.
    OGIS suggested that the Commission provide requesters with an 
estimated amount of fees, including a breakdown of the fees for search, 
review and/or duplication. The Commission rarely finds it necessary to 
charge FOIA fees. When a fee is charged, the Secretary attempts to 
provide as much information on the fees as practicable, but a detailed 
estimate and breakdown may not always be possible.
    The Commission received an additional comment that did not pertain 
to the subject matter of the notice of proposed rulemaking.
    The amendments set out in this final rulemaking notice correspond 
to the ones that were proposed in the notice of proposed rulemaking 
published on February 6, 2015, with additional changes to respond to 
comments received. The notice of proposed rulemaking described most of 
the proposed amendments in a section-by-section analysis, and those 
amendments have not changed. With respect to the remainder of the 
amendments, which were prepared in response to OGIS' comments, the 
following sets out a section-by-section analysis.
    Section 201.17 is revised to specify in paragraph (a)(5) the online 
location of the Commission's publications. The section is further 
amended to add paragraph (d) that provides information on how requests 
are tracked and how a requester can contact the Commission's FOIA 
Public Liaison. Paragraph (e) is added to clarify the relationship 
between FOIA and the Privacy Act. A new paragraph (f) describes the 
agency's procedure for referring FOIA requests to another agency. A new 
paragraph (g) covers records management matters, including the 
preservation of records relating to FOIA requests until disposition or 
destruction is authorized or until litigation is concluded. In section 
201.18, paragraph (a) is amended to clarify that a FOIA request cannot 
be oral, and to describe what information is provided in a denial of a 
request. A new paragraph (f) provides for responses to FOIA appeals to 
make reference to the services offered by OGIS.
    In section 201.20, paragraphs (j)(9) and (j)(10) are added to 
clarify the FOIA fee process by defining the terms ``requester 
category'' and ``fee waiver.''
    In addition to publishing rules amendments in final form, the 
Commission expects to continue taking other steps to implement its Plan 
for Retrospective Analysis of Existing Rules to ensure that its Rules 
are kept up to date. Notably, the Commission's General Counsel has 
asked the Commission's Secretary, office directors, and administrative 
law judges for input on rules suitable for modification or elimination. 
The General Counsel's office will make recommendations to the 
Commission as necessary 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.

Regulatory Analysis of Amendments to the Commission's Rules

    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 final rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission chose to publish a notice of 
proposed rulemaking, these regulations are ``agency rules of procedure 
and practice,'' and thus are exempt from the notice requirement imposed 
by 5 U.S.C. 553(b). Moreover, the rules are certified as not having a 
significant economic impact on a substantial number of small entities.
    The rules do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    No actions are necessary under title II of the Unfunded Mandates 
Reform Act of 1995, Public Law 104-4 (2 U.S.C. 1531-1538) because these 
amended

[[Page 39379]]

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 Commission has determined that these amended rules do not 
constitute a ``significant regulatory action'' under section 3(f) of 
Executive Order 12866 (58 FR 51735, October 4, 1993).
    The rules do not have Federalism implications warranting the 
preparation of a federalism summary impact statement under Executive 
Order 13132 (64 FR 43255, August 4, 1999).
    The amendments are not ``major rules'' as defined by section 251 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 Act because they concern rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties.

List of Subjects in 19 CFR Parts 201, 206, 208, and 213

    Administrative practice and procedure; imports; foreign trade.

    For the reasons stated in the preamble, under the authority of 19 
U.S.C. 1335, the United States International Trade Commission amends 19 
CFR parts 201, 206, 208, and 213 as follows:

PART 201--RULES OF GENERAL APPLICATION

0
1. Revise the authority citation for part 201 to read as follows:

    Authority: 19 U.S.C. 1335; 19 U.S.C. 2482, unless otherwise 
noted.


0
2. In Sec.  201.17, revise paragraph (a)(5) and add paragraphs (d) 
through (g) to read as follows:


Sec.  201.17  Procedures for requesting access to records.

    (a) * * *
    (5) Copies of public Commission reports and other publications are 
available online at http://www.usitc.gov/publications/by_type.htm, or 
can be requested by calling or writing the Office of the Secretary. 
Certain Commission publications are sold by the Superintendent of 
Documents, U.S. Government Printing Office, and are available from that 
agency at the price set by that agency.
* * * * *
    (d) Acknowledgment. The Secretary will provide to a requester an 
acknowledgment of the receipt of a request and an individualized 
tracking number for each request. The requester may obtain information 
about the status of the request and/or contact the Commission's FOIA 
Public Liaison by telephone (202-205-2595) or email 
(foia.se.se@usitc.gov">foia.se.se@usitc.gov). The FOIA Public Liaison is responsible for 
assisting in reducing delays, increasing transparency and understanding 
of the status of requests, and assisting in the resolution of disputes.
    (e) First-party requests. The FOIA applies to third-party requests 
for documents concerning the general activities of the government and 
of the Commission in particular. When a U.S. citizen or an alien 
lawfully admitted for permanent residence requests access to his or her 
own records, i.e., makes a first-party request, it is considered a 
Privacy Act request. Although requests are considered either FOIA 
requests or Privacy Act requests, the Commission processes first-party 
requests in accordance with both laws, which provides the greatest 
degree of lawful access while safeguarding an individual's personal 
privacy.
    (f) Referrals. If the Secretary refers a request or a portion 
thereof to another agency, the Secretary will notify the requester of 
the referral and the part of the request that has been referred. If 
feasible, the Secretary will provide the requester with a point of 
contact within the receiving agency regarding the referral.
    (g) Records management. (1) The Secretary shall preserve all 
correspondence pertaining to requests received as well as copies of all 
requested records, until disposition or destruction is authorized by a 
General Records Schedule of the National Archives and Records 
Administration (NARA) or other NARA-approved records schedule.
    (2) Materials that are identified as responsive to a FOIA request 
will not be disposed of or destroyed while the request or a related 
appeal or lawsuit is pending. This is true even if they would otherwise 
be authorized for disposition under a General Records Schedule or other 
NARA-approved records schedule.

0
3. In Sec.  201.18, revise paragraph (a) and add paragraph (f) to read 
as follows:


Sec.  201.18  Denials of requests, appeals from denial.

    (a) Written requests for inspection or copying of records shall be 
denied only by the Secretary or Acting Secretary, or, for records 
maintained by the Office of Inspector General, the Inspector General. A 
denial shall be in writing and shall provide information on the 
exemptions that justify withholding and the amount of information 
withheld. The denial also shall advise the person requesting of the 
right to appeal to the Commission.
* * * * *
    (f) A response to an appeal will advise the requester that the 
Office of Government Information Services offers mediation services to 
resolve disputes between FOIA requesters and Federal agencies as a non-
exclusive alternative to litigation.

0
4. In Sec.  201.19, revise paragraph (f) to read as follows:


Sec.  201.19  Notification regarding requests for confidential business 
information.

* * * * *
    (f) Opportunity to object to disclosure. Through the notice 
described in paragraph (c) of this section, the Commission will afford 
a submitter an opportunity, within the period afforded to the 
Commission to make its decision in response to the FOIA request, to 
provide the Commission with a detailed written statement of any 
objection to disclosure. Such statement shall be filed by a deadline 
set by the Secretary, and it shall specify all grounds for withholding 
any of the information under any exemption of FOIA. In the case of FOIA 
Exemptions 3 or 4, it shall demonstrate why the information should 
continue to be considered confidential business information within the 
meaning of Sec.  201.6 of this part and should not be disclosed. The 
submitter's claim of continued confidentiality should be supported by a 
certification by an officer or authorized representative of the 
submitter. Information provided by a submitter pursuant to this 
paragraph may itself be subject to disclosure under FOIA.
* * * * *

0
5. In Sec.  201.20, revise paragraph (j)(8) and add paragraphs (j)(9) 
and (10) to read as follows:


Sec.  201.20  Fees.

* * * * *
    (j) * * *
    (8) The term representative of the news media refers to any person 
or entity that gathers information of potential interest to a segment 
of the public, uses its editorial skills to turn the raw materials into 
a distinct work, and distributes that work to an audience. The term 
`news' means information that is about current events or that would be 
of current interest to the public. Examples of news-media entities are 
television or radio stations broadcasting to the public at large and 
publishers of periodicals (but only if such entities qualify as 
disseminators of

[[Page 39380]]

`news') who make their products available for purchase by or 
subscription by or free distribution to the general public. These 
examples are not all-inclusive. Moreover, as methods of news delivery 
evolve (for example, the adoption of the electronic dissemination of 
newspapers through telecommunications services), such alternative media 
shall be considered to be news-media entities. A freelance journalist 
shall be regarded as working for a news-media entity if the journalist 
can demonstrate a solid basis for expecting publication through that 
entity, whether or not the journalist is actually employed by the 
entity. A publication contract would present a solid basis for such an 
expectation; the Government may also consider the past publication 
record of the requester in making such a determination.
    (9) The term requester category means one of the three categories 
that requesters are placed in for the purpose of determining whether a 
requester will be charged fees for search, review and duplication, 
including commercial requesters; non-commercial scientific or 
educational institutions or news media requesters, and all other 
requesters.
    (10) The term fee waiver means the waiver or reduction of 
processing fees if a requester can demonstrate that certain statutory 
standards are satisfied including that the information is in the public 
interest and is not requested for a commercial interest.
* * * * *

0
6. In Sec.  201.23, revise paragraph (e) to read as follows:


Sec.  201.23  Definitions.

* * * * *
    (e) The term Privacy Act Officer refers to the Secretary, United 
States International Trade Commission, 500 E Street SW., Washington, DC 
20436, or his or her designee.

0
7. In Sec.  201.34, revise paragraph (a)(3) to read as follows:


Sec.  201.34  Definitions.

* * * * *
    (a) * * *
    (3) Conference telephone calls among the Commissioners are 
considered meetings as defined by paragraph (a)(1) of this section if 
they involve the number of Commissioners requisite for Commission 
action, and where the deliberations of the Commissioners determine or 
result in the joint conduct or disposition of official Commission 
business.
* * * * *

PART 206--INVESTIGATIONS RELATING TO GLOBAL AND BILATERAL SAFEGUARD 
ACTIONS, MARKET DISRUPTION, TRADE DIVERSION, AND REVIEW OF RELIEF 
ACTIONS

0
8. The authority citation for part 206 continues to read as follows:

    Authority:  19 U.S.C. 1335, 2112 note, 2251-2254, 2436, 2451-
2451a, 3351-3382, 3805 note, 4051-4065, and 4101.

0
9. Revise Sec.  206.2 to read as follows:


Sec.  206.2  Identification of type of petition or request.

    An investigation under this part may be commenced on the basis of a 
petition, request, resolution, or motion as provided for in the 
statutory provisions listed in Sec. Sec.  206.1 and 206.31. Each 
petition or request, as the case maybe, filed by an entity 
representative of a domestic industry under this part shall state 
clearly on the first page thereof ``This is a [petition or request] 
under section [citing the statutory provision] and Subpart [B, C, D, E, 
F, or G] of part 206 of the rules of practice and procedure of the 
United States International Trade Commission.'' A paper original and 
eight (8) true paper copies of a petition, request, resolution, or 
motion shall be filed. One copy of any exhibits, appendices, and 
attachments to the document shall be filed in electronic form on CD-
ROM, DVD, or other portable electronic format approved by the 
Secretary.

PART 208--[REMOVED AND RESERVED]

0
10. Under the authority of 19 U.S.C. 1335, remove and reserve part 208.

Subchapter D--Special Provisions

0
11. Under the authority of 19 U.S.C. 1335, add subchapter D with the 
heading set forth above, and transfer part 213, consisting of 
Sec. Sec.  213.1 through 213.6, and reserved parts 214 through 299 into 
it.

PART 213--TRADE REMEDY ASSISTANCE

0
12. Revise the authority citation for part 213 to read as follows:

    Authority:  19 U.S.C. 1335, 1339.

0
13. In Sec.  213.2, revise paragraphs (d) through (g) to read as 
follows:


Sec.  213.2  Definitions.

* * * * *
    (d) Technical Assistance. Technical assistance is informal advice 
and assistance, including informal legal advice, provided under 19 
U.S.C. 1339(b) and intended to enable eligible small businesses to 
determine the appropriateness of pursuing particular trade remedies, to 
prepare petitions and complaints and to seek to obtain the remedies and 
benefits available under the trade laws identified in Sec.  213.2(b). 
Technical assistance is available to eligible small businesses at any 
time until the completion of administrative review or of an appeal to 
the administering agency regarding proceedings under the trade laws 
listed in Sec.  213.2(b). Technical assistance does not include legal 
representation of an eligible small business or advocacy on its behalf 
and receipt of technical assistance does not ensure that the recipient 
will prevail in any trade remedy proceeding. The Office provides such 
technical assistance independently of other Commission staff but may 
consult with other staff as appropriate.
    (e) Applicant. An applicant is an individual, partnership, 
corporation, joint venture, trade or other association, cooperative, 
group of workers, or certified or recognized union, or other entity 
that applies for technical assistance under this part.
    (f) Eligible small business. An eligible small business is an 
applicant that the Office has determined to be entitled to technical 
assistance under 19 U.S.C. 1339(b) in accordance with the SBA size 
standards and the procedures set forth in this part.
    (g) SBA size standards. The Office has adopted for its use SBA size 
standards, which are the small business size standards of the Small 
Business Administration set forth in 13 CFR part 121.

0
14. In Sec.  213.3, revise paragraph (a) to read as follows:


Sec.  213.3  Determination of small business eligibility.

    (a) Application for technical assistance from small businesses. An 
applicant for technical assistance under 19 U.S.C. 1339(b) must certify 
that it qualifies as a small business under the appropriate size 
standard(s) and that it is an independently owned and operated company. 
An application for technical assistance is available from the Office 
and on the Commission's Web site. The application must be signed under 
oath by an officer or principal of the applicant. The completed 
application should be submitted to the Office at the address set forth 
in Sec.  213.2(a).
* * * * *

0
15. Revise Sec.  213.6 to read as follows:

[[Page 39381]]

Sec.  213.6  Information concerning assistance.

    Any person may contact the Office with questions regarding 
eligibility for technical assistance. Summaries of the trade laws and 
the SBA size standards can be obtained by writing to the Trade Remedy 
Assistance Office, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Information is also provided on the 
Commission's Web site at http://www.usitc.gov.

    By order of the Commission.

    Issued: June 29, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-16435 Filed 7-8-15; 8:45 am]
 BILLING CODE 7020-02-P