[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Pages 7559-7561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01965]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-585]


Foreign Censorship: Trade and Economic Effects on U.S. Businesses

AGENCY: United States International Trade Commission.

ACTION: Notice of Investigation and Scheduling of a public hearing.

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SUMMARY: Following receipt on January 4, 2021, of a request from the 
U.S. Senate Committee on Finance (Committee), the U.S. International 
Trade Commission (Commission) instituted Investigation No. 332-585, 
Foreign Censorship: Trade and Economic Effects on U.S. Businesses.

DATES: 
    August 24, 2021: Deadline for filing requests to appear at the 
public hearing.
    September 2, 2021: Deadline for filing prehearing briefs and 
statements.
    September 7, 2021: Deadline for filing electronic copies of oral 
hearing statements.
    September 14, 2021: Public hearing.
    September 21, 2021: Deadline for filing posthearing briefs and 
statements.
    October 1, 2021: Deadline for filing all other written submissions.
    July 5, 2022: Transmittal of Commission report to the Committee.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the U.S. International Trade Commission Building, 
500 E Street SW, Washington, DC. All written submissions should be 
submitted electronically and addressed to the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Project Leader Ricky Ubee (202-205-
3493 or [email protected]), Deputy Project Leader Shova KC (202-
205-2234 or [email protected]), or

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Deputy Project Leader Isaac Wohl (202-205-3356 or [email protected]) 
for information specific to this investigation. For information on the 
legal aspects of this investigation, contact William Gearhart of the 
Commission's Office of the General Counsel (202-205-3091 or 
[email protected]). The media should contact Margaret 
O'Laughlin, Office of External Relations (202-205-1819 or 
[email protected]). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its website (https://www.usitc.gov). Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000.
    Background: The Committee requested the investigation and report 
pursuant to section 332(g) of the Tariff Act of 1930 (19 U.S.C. 
1332(g)). As requested by the Committee, the Commission will deliver 
the requested report no later than 18 months from the date of the 
letter (that is, by July 5, 2022), and in view of the fact the 
Committee intends to make the report available to the public in its 
entirety, the Commission will not include any confidential business 
information in its report.
    In its letter the Committee defined censorship as ``the prohibition 
or suppression of speech or other forms of communication,'' and stated 
that foreign governments use many tools to carry out censorship, 
including technological measures that restrict digital trade. The 
Committee said that these tools, and the policies that enable them, 
allow authorities in foreign markets to limit speech by controlling the 
flow of information and services.
    More specifically, the Committee asked that the Commission conduct 
an investigation and prepare a report, informed by a survey of 
businesses in the United States, that provides detailed information, 
including the following:
    1. Identification and descriptions of various foreign censorship 
practices, in particular any examples that U.S. businesses consider to 
impede trade or investment in key foreign markets. The description 
should include to the extent practicable:
    a. The evolution of censorship policies and practices over the past 
5 years in key foreign markets;
    b. any elements that entail extraterritorial censorship; and
    c. the roles of governmental and non-governmental actors in 
implementation and enforcement of the practices.
    2. To the extent practicable, including through the use of survey 
data, an analysis of the trade and economic effects of such policies 
and practices on affected businesses in the United States and their 
global operations. The analysis should include to the extent 
practicable, quantitative and qualitative impacts of the identified 
policies, including by reference, where identifiable, to:
    a. Impact on employment;
    b. direct costs (e.g., compliance and entry costs);
    c. foregone revenue and sales;
    d. self-censorship; and
    e. other effects the Commission considers relevant for the 
Committee to know.
    Public Hearing: A public hearing in connection with this 
investigation will be held either in the Commission's main hearing room 
in its building at 500 E Street SW, Washington, DC, or via an online 
videoconferencing platform, beginning at 9:30 a.m. on September 14, 
2021. More information will follow closer to the time of the hearing 
about whether the hearing will be held in person or by videoconference. 
Information about how to participate in or view the hearing will be 
posted on the Commission's website at (https://usitc.gov/research_and_analysis/what_we_are_working_on.htm). Once on that web 
page, scroll down to the entry for Investigation No. 332-585, Foreign 
Censorship: Trade and Economic Effects on U.S. Businesses, and click on 
the link to ``Hearing Instructions.'' Interested parties should check 
the Commission's website periodically for updates.
    Requests to appear at the public hearing should be filed with the 
Secretary no later than 5:15 p.m., August 24, 2021, in accordance with 
the requirements in the ``Written Submissions'' section below. All 
prehearing briefs and statements should be filed not later than 5:15 
p.m., September 2, 2021. To facilitate the hearing, including the 
preparation of an accurate written transcript of the hearing, oral 
testimony to be presented at the hearing must be submitted to the 
Commission electronically no later than noon, September 7, 2021. All 
posthearing briefs and statements should be filed not later than 5:15 
p.m., September 21, 2021. Posthearing briefs and statements should 
address matters raised at the hearing. For a description of the 
different types of written briefs and statements, see the 
``Definitions'' section below.
    In the event that, as of the close of business on August 24, 2021, 
no witnesses are scheduled to appear at the hearing, the hearing will 
be canceled. Any person interested in attending the hearing as an 
observer or nonparticipant should contact the Office of the Secretary 
at 202-205-2000 after August 24, 2021, for information concerning 
whether the hearing will be held.
    Written Submissions: In lieu of or in addition to participating in 
the hearing, interested parties are invited to file written submissions 
concerning this investigation. All written submissions should be 
addressed to the Secretary, and should be received not later than 5:15 
p.m., October 1, 2021. All written submissions must conform to the 
provisions of section 201.8 of the Commission's Rules of Practice and 
Procedure (19 CFR 201.8), as temporarily amended by 85 FR 15798 (March 
19, 2020). Under that rule waiver, the Office of the Secretary will 
accept only electronic filings at this time. Filings must be made 
through the Commission's Electronic Document Information System (EDIS, 
https://edis.usitc.gov). No in-person paper-based filings or paper 
copies of any electronic filings will be accepted until further notice. 
Persons with questions regarding electronic filing should contact the 
Office of the Secretary, Docket Services Division (202-205-1802), or 
consult the Commission's Handbook on Filing Procedures.
    Definitions of Types of Documents That May Be Filed; Requirements: 
In addition to requests to appear at the hearing, this notice provides 
for the possible filing of four types of documents: Prehearing briefs, 
oral hearing statements, posthearing briefs, and other written 
submissions.
    (1) Prehearing briefs refers to written materials relevant to the 
investigation and submitted in advance of the hearing, and includes 
written views on matters that are the subject of the investigation, 
supporting materials, and any other written materials that you consider 
will help the Commission in understanding your views. You should file a 
prehearing brief particularly if you plan to testify at the hearing on 
behalf of an industry group, company, or other organization, and wish 
to provide detailed views or information that will support or 
supplement your testimony.
    (2) Oral hearing statements (testimony) refers to the actual oral 
statement that you intend to present at the public hearing. Do not 
include any confidential business information in that statement. If you 
plan to testify, you must file a copy of your oral statement by the 
date specified in this notice. This statement will allow Commissioners 
to understand your position in advance of

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the hearing and will also assist the court reporter in preparing an 
accurate transcript of the hearing (e.g., names spelled correctly).
    (3) Posthearing briefs refers to submissions filed after the 
hearing by persons who appeared at the hearing. Such briefs: (a) Should 
be limited to matters that arose during the hearing, (b) should respond 
to any Commissioner and staff questions addressed to you at the 
hearing, (c) should clarify, amplify, or correct any statements you 
made at the hearing, and (d) may, at your option, address or rebut 
statements made by other participants in the hearing.
    (4) Other written submissions refer to any other written 
submissions that interested persons wish to make, regardless of whether 
they appeared at the hearing, and may include new information or 
updates of information previously provided.
    There is no standard format that briefs or other written 
submissions must follow. However, each such document must identify on 
its cover (1) the type of document filed (i.e., prehearing brief, oral 
statement of (name), posthearing brief, or written submission), (2) the 
name of the person or organization filing it, and (3) whether it 
contains confidential business information (CBI). If it contains CBI, 
it must comply with the marking and other requirements set out below in 
this notice relating to CBI. Submitters of written documents (other 
than oral hearing statements) are encouraged to include a short summary 
of their position or interest at the beginning of the document, and a 
table of contents when the document addresses multiple issues.
    Confidential Business Information: Any submissions that contain 
confidential business information must also conform to the requirements 
of section 201.6 of the Commission's Rules of Practice and Procedure 
(19 CFR 201.6). Section 201.6 of the rules requires that the cover of 
the document and the individual pages be clearly marked as to whether 
they are the ``confidential'' or ``non-confidential'' version, and that 
the confidential business information is clearly identified by means of 
brackets. All written submissions, except for confidential business 
information, will be made available for inspection by interested 
parties.
    As requested by the Committee on Finance, the Commission will not 
include any confidential business information in its report. However, 
all information, including confidential business information, submitted 
in this investigation may be disclosed to and used: (i) By the 
Commission, its employees and Offices, and contract personnel (a) for 
developing or maintaining the records of this or a related proceeding, 
or (b) in internal investigations, audits, reviews, and evaluations 
relating to the programs, personnel, and operations of the Commission 
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government 
employees and contract personnel for cybersecurity purposes. The 
Commission will not otherwise disclose any confidential business 
information in a way that would reveal the operations of the firm 
supplying the information.
    Summaries of Written Submissions: Persons wishing to have a summary 
of their position included in the report should include a summary with 
their written submission on or before October 1, 2021 and should mark 
the summary as having been provided for that purpose. The summary 
should be clearly marked as ``summary for inclusion in the report'' at 
the top of the page. The summary may not exceed 500 words, should be in 
MS Word format or a format that can be easily converted to MS Word, and 
should not include any confidential business information. The summary 
will be published as provided if it meets these requirements and is 
germane to the subject matter of the investigation. The Commission will 
list the name of the organization furnishing the summary and will 
include a link to the Commission's Electronic Document Information 
System (EDIS) where the written submission can be found.

    By order of the Commission.

    Issued: January 26, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-01965 Filed 1-28-21; 8:45 am]
BILLING CODE 7020-02-P