[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26064-26066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09991]



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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-585]


Foreign Censorship Part 1: Policies and Practices Affecting U.S. 
Businesses and Investigation No. 332-586: Foreign Censorship Part 2: 
Trade and Economic Effects on U.S. Businesses

AGENCY: United States International Trade Commission.

ACTION: Change in title, scope, and schedule of Investigation No. 332-
585 and institution of Investigation No. 332-586 to address trade and 
economic effects of foreign censorship on U.S. businesses.

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SUMMARY: Following receipt of a letter from the U.S. Senate Committee 
on Finance (Committee) on April 8, 2021, under section 332(g) of the 
Tariff Act of 1930, the Commission has changed the title, scope, and 
schedule, including the hearing date, for Investigation No. 332-585, 
with the investigation to be retitled Foreign Censorship Part 1: 
Policies and Practices Affecting U.S. Businesses. The Commission has 
also instituted a second Investigation in response to the letter, 
Investigation No. 332-586, Foreign Censorship Part 2: Trade and 
Economic Effects on U.S. Businesses. The public hearing has been 
rescheduled to July 1, 2021 and will be in conjunction with both 
investigations. The hearing will be conducted via an online 
videoconferencing platform. Dates relating to written submissions have 
been adjusted accordingly.

DATES: 
    June 17, 2021: Deadline for filing requests to appear at the public 
hearing.
    June 18, 2021: Deadline for filing prehearing briefs and 
statements.
    June 24, 2021: Deadline for filing electronic copies of oral 
hearing statements.
    July 1, 2021: Public hearing.
    July 12, 2021: Deadline for filing posthearing briefs and 
statements.
    July 22, 2021: Deadline for filing all other written submissions 
for Investigation No. 332-585.
    December 30, 2021: Transmittal of Commission's Part 1 report to the 
Committee.
    January 14, 2022: Deadline for filing all other written submissions 
for Investigation No. 332-586.
    July 5, 2022: Transmittal of Commission's Part 2 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 Isaac Wohl (202-205-
3356 or [email protected]), or Deputy Project Leader Jean Yuan (202-
205-2383 or [email protected]) for information specific to 
Investigation No. 332-585. Project Leader Ricky Ubee (202-205-3493 or 
[email protected]), Deputy Project Leader Shova KC (202-205-2234 
or [email protected]), or Deputy Project Leader George Serletis (202-
205-3315 or [email protected]) for information specific to 
Investigation No. 332-586. For information on the legal aspects of 
these investigations, 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).

SUPPLEMENTARY INFORMATION: The Committee's new letter received on April 
8, 2021 modified its earlier letter of January 4, 2021 in three 
principal ways: (1) It calls for two reports instead of one, with the 
first report to focus on policies and practices affecting U.S. 
businesses, and a second to focus on trade and economic effects on U.S. 
businesses, based in part on a Commission survey; (2) it defines the 
scope of the investigations by indicating which elements of the 
original request letter should be addressed in the first and second 
reports, respectively; and (3) it provides a new delivery date for the 
first report (December 30, 2021) and sets a later delivery date for the 
second report (July 5, 2022). As in the January 4, 2021, letter, the 
Committee requested the investigations and reports pursuant to section 
332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)). The Commission 
published the initial notice of Investigation No. 332-585 in the 
Federal Register of January 29, 2021 (86 FR 7559).
    As in the original 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.
    In response to the Committee's letter received on April 8, 2021, 
the Commission has changed the title of the report in Investigation No. 
332-585, to Foreign Censorship Part 1: Policies and Practices Affecting 
U.S. Businesses, and it has changed the delivery date for this first 
report to December 30, 2021. The first report will contain detailed 
information on 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.
    In response to the request for the second report, the Commission 
has instituted Investigation No. 332-586, Foreign Censorship Part 2: 
Trade and Economic Effects on U.S. Businesses. The Commission will 
deliver the second report by July 5, 2022. The second report will 
provide:
    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.
    In view of the fact the Committee intends to make these reports 
available to the public in their entirety, the Commission will not 
include any confidential business information in its reports.

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    Public Hearing: A public hearing in connection with both 
investigations will be held via an online videoconferencing platform, 
beginning at 9:30 a.m. on July 1, 2021. This hearing replaces the 
previously announced hearing in connection with Investigation No. 332-
585, scheduled for September 14, 2021. 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 
either entry for Investigation No. 332-585, Foreign Censorship Part 1: 
Policies and Practices Affecting U.S. Businesses or Investigation No. 
332-586, Foreign Censorship Part 2: 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 
electronically with the Secretary no later than 5:15 p.m., June 17, 
2021, in accordance with the requirements in the ``Written 
Submissions'' section below. All prehearing briefs and statements 
should be filed electronically not later than 5:15 p.m., June 18, 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, June 24, 2021. All posthearing briefs and statements should 
be filed electronically not later than 5:15 p.m., July 12, 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 June 17, 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 June 17, 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, electronically, 
written submissions concerning these investigations. All written 
submissions should be addressed to the Secretary. Written submissions 
specific to Investigation No. 332-585, Foreign Censorship Part 1: 
Policies and Practices Affecting U.S. Businesses, should be received 
not later than 5:15 p.m., July 22, 2021. Written submissions specific 
to Investigation No. 332-586, Foreign Censorship Part 2: Trade and 
Economic Effects on U.S. Businesses, should be received not later than 
5:15 p.m., January 14, 2022. 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 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 refers 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 investigation number and title and 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

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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 first report should include a summary 
with their written submission on or before July 22, 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 part 1 
report'' at the top of the page. Persons wishing to have a summary of 
their position included in the second report should include a summary 
with their written submission on or before January 14, 2022 and should 
mark the summary as having been provided for that purpose. The summary 
should be clearly marked as ``summary for inclusion in the part 2 
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: May 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-09991 Filed 5-11-21; 8:45 am]
BILLING CODE 7020-02-P