[Federal Register: June 5, 2002 (Volume 67, Number 108)]
[Proposed Rules]               
[Page 38614-38621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn02-11]                         

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INTERNATIONAL TRADE COMMISSION

19 CFR parts 201, 204, 206 and 207

 
Rules of General Application; Investigations of Effects of 
Imports on Agricultural Programs; Investigations Relating to Global and 
Bilateral Safeguard Actions, Market Disruption, and Review of Relief 
Actions; and Investigations of Whether Injury to Domestic Industries 
Results From Imports Sold at Less Than Fair Value or From Subsidized 
Exports to the United States

AGENCY: International Trade Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States International Trade Commission (Commission) 
proposes to amend its Rules of Practice and Procedure concerning rules 
of general application, safeguard investigations, and antidumping and 
countervailing duty investigations and reviews.The amendments are 
necessary to make certain technical corrections, to clarify certain 
provisions, to harmonize different parts of the Commission's rules, and 
to address concerns that have arisen in Commission practice. The 
intended effect of the proposed amendments is to facilitate compliance 
with the Commission's Rules and improve the administration of agency 
proceedings.

DATES: To be assured of consideration, written comments must be 
received no later than 5:15 p.m. on August 5, 2002.

[[Page 38615]]


ADDRESSES: A signed original and 8 copies of each set of comments on 
these proposed amendments to the Commission's Rules, along with a cover 
letter, should be submitted by mail or hand delivery to Marilyn R. 
Abbott, Secretary, United States International Trade Commission, 500 E 
Street, SW., Room 112, Washington, DC 20436.

FOR FURTHER INFORMATION CONTACT: Paul R. Bardos, Esq., Office of the 
General Counsel, United States International Trade Commission 
(telephone 202-205-3102). 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 World 
Wide Web site (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:
    This preamble provides background information, a regulatory 
analysis of the proposed amendments, and then a detailed section-by-
section analysis of the proposed amendments to the rules.

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. To carry out its functions and duties, the Commission has 
issued Rules of Practice and Procedure. The passage of time has 
rendered some provisions of the rules outdated. In addition, Commission 
practice has revealed the need for improvements in certain rules. This 
rulemaking seeks to update certain outdated provisions and improve 
other provisions.
    The Commission invites the public to comment on all of these 
proposed rules. In any comments, please also consider addressing 
whether the proposed amendments are in language that is plain, clear 
and easy to understand.
    Consistent with its ordinary practice, the Commission is issuing 
these proposed amendments in accordance with the rulemaking procedure 
in section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553). This 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 such comments prior 
to developing final amendments; and (4) publication of final amendments 
at least thirty days prior to their effective date.

Regulatory Analysis

    The Commission has determined that these proposed amendments do not 
meet the criteria described in section 3(f) of Executive Order 12866 
(58 FR 51735, Oct. 4, 1993) and thus do not constitute a significant 
regulatory action for purposes of the Executive Order.
    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 proposed rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. Although the Commission has chosen to publish a notice, 
these proposed amendments are ``agency rules of procedure and 
practice,'' and thus are exempt from the notice requirement imposed by 
5 U.S.C. 553(b).
    These proposed amendments do not contain federalism implications 
warranting the preparation of a federalism summary impact statement 
pursuant to Executive Order 13132 (64 FR 43255, Aug. 4, 1999).
    No actions are necessary under the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1501 et. seq.) because the proposed amendments 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 proposed amendments are not major rules as defined by section 
804 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 Contract With America Advancement Act of 1996 (5 
U.S.C. 801 et. seq.) because they concern rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties.
    The proposed amendments are not subject to Sec. 3504(h) of the 
Paperwork Reduction Act (44 U.S.C. 3501 et. seq.), since they do not 
contain any new information collection requirements.

Section-by-Section Analysis of the Proposed Amendments

Part 201--Rules of General Application

Subpart A--Miscellaneous

    The Commission proposes to amend Sec. 201.1 regarding the 
applicability of part 201 to correctly reference parts 210, 212 and 213 
in the reference to rules of special application.
    The Commission proposes to amend paragraph (c) of Sec. 201.2, which 
defines the term ``Tariff Act,'' to include citations to 19 U.S.C. 
1677m and 1677n.
    The Commission proposes to amend paragraph (c) of Sec. 201.3 
regarding Commission business hours to clarify that any document filed 
after Commission business hours will be considered filed the next 
business day.
    The Commission proposes to amend paragraph (a) of Sec. 201.3a 
regarding missing children information, to update the Commission's 
designated point of contact for using its penalty mail in locating and 
recovering missing children.
    The Commission proposes amending paragraph (d) of Sec. 201.4 
concerning matters that may come within the purview of other laws. This 
proposal will correctly cite to section 202 of the Trade Act of 1974 
(19 U.S.C. 2252), eliminate the citation to the former 19 U.S.C. 1303, 
which has been repealed, and will add ``et seq.'' to the citation to 19 
U.S.C. 1673 to correctly refer to all of the antidumping provisions.
    The Commission proposes to correct paragraph (a)(2) of Sec. 201.6 
to include Sec. 206.17 as a section having special rules for the 
handling of nondisclosable confidential business information. The 
Commission also proposes amending paragraph (d) of Sec. 201.6 regarding 
the approval or denial of requests for confidential treatment. The 
proposed amendment would provide for consistency by stating that 
approvals, like denials, would be in writing. The Commission also 
proposes updating paragraph (e)(3) of Sec. 201.6 by replacing ``his 
consideration'' with ``consideration.'' The Commission proposes 
amending paragraph (g) of Sec. 201.6 regarding granting confidential 
status to business information to clarify when business information 
deemed not entitled to confidential treatment will be treated as public 
information. The proposed amendment would impose a five day deadline 
for withdrawing such business information after which time it would 
become public.

Subpart B--Initiation and Conduct of Investigations

    The Commission proposes to amend paragraph (a) of Sec. 201.8 
regarding where to file documents and the date of filed documents. The 
proposed amendment would state that filings made within the 
Commission's official hours of operation will be deemed filed on the 
date received by the Commission, consistent with the proposed amendment 
to paragraph (c) of Sec. 201.3 regarding Commission hours.
    Additionally, the Commission proposes to amend paragraph (c) of 
Sec. 201.8 regarding specifications for documents, to provide that all 
documents filed, other than one or two-

[[Page 38616]]

page documents, must be double-spaced, to improve the readability of 
documents.
    The Commission proposes to amend paragraph (f) of Sec. 201.13 to 
provide, for ease of consideration, that supplementary materials in 
nonadjudicative hearings must be marked with the name of the 
organization submitting them. The Commission proposes to amend 
paragraph (h)(i)(1) of Sec. 201.13, to delete the unnecessary reference 
to the requirement to file 14 copies of briefs with the Secretary, 
since paragraph (d) of Sec. 201.8 already contains a requirement 
concerning the requisite number of copies to be filed.
    The Commission proposes to amend paragraph (a) of Sec. 201.14, 
regarding the computation of time, to simplify filing requirements. In 
the event of an early or all-day closing of the Commission on a 
business day, the amendment would allow the Secretary to accept filings 
due the day of the early or all-day closing on the next business day, 
without requiring the submitter to file a request for an extension of 
time.

Subpart C--Availability of Information to the Public Pursuant to 5 
U.S.C. 552

    The Commission proposes to amend paragraph (a)(1) of Sec. 201.17, 
regarding requests, to permit the filing of requests electronically. 
Similarly, paragraph (b) of Sec. 201.18 is proposed to be amended to 
permit the filing of appeals by such means.
    The Commission currently has the capability of accepting electronic 
filing of requests at its World Wide Web site, at http://www.usitc.gov/
foia.htm. In order to give requesters the opportunity to avail 
themselves of this capability, the Commission, pursuant to 
Sec. 201.4(b), is waiving the provisions of Secs. 201.17 and 201.18 to 
the extent of permitting electronic filing as of the date of 
publication of this notice. All other requirements of those rules 
remain in force.
    The Commission proposes amending paragraphs (d) and (e) of 
Sec. 201.18 regarding denials of requests for inspection or copying of 
records under the Freedom of Information Act (FOIA) and appeals of such 
denials. Such proposed amendment would correct the rule to state that 
paragraph (c), and not paragraphs (a) and (b), provides for extension 
of time for deciding appeals of denials.
    The Commission proposes to amend paragraph (b) of Sec. 201.19 
concerning notification regarding requests for confidential business 
information under FOIA. The proposed amendment would clarify that the 
term ``(s)ubmitter'' includes contractors, bidders, vendors and others 
who have an administrative relationship with the Commission, and who 
provide confidential business information to the Commission. Under the 
amended provision, persons or entities having an administrative 
relationship to the Commission would qualify to receive notice before 
release of their confidential submission under FOIA.
    The Commission proposes amending paragraph (a) of Sec. 201.21, 
regarding availability of specific records, to provide information 
about the Commission's World Wide Web site, consistent with the 
electronic reading room provisions of the FOIA.

Subpart D--Safeguarding Individual Privacy Pursuant to 5 U.S.C. 552a

    The Commission proposes amending Sec. 201.31, regarding fees, to 
include employee conduct as part of the section and to rename the 
section heading to reflect this change. Consequently, the Commission 
proposes to remove Sec. 201.33, which currently deals with employee 
conduct, and add its text to Sec. 201.31. This will eliminate the 
current duplication of section numbers.

Subpart G--Enforcement of Nondiscrimination on the Basis of Handicap in 
Programs or Activities Conducted by the U.S. International Trade 
Commission

    The Commission proposes amending paragraph (c) of Sec. 201.170 to 
provide an updated contact point.

Subpart H--Debt Collection

    The Commission proposes amending subpart H, regarding debt 
collection, to update all references to ``Office of Finance and 
Budget'' to read ``Office of Finance.'' The Commission would make this 
change in paragraphs (f) and (m) of Sec. 201.201 and paragraphs (g)(1), 
(g)(2), (h)(1)(iii), (h)(3), and (h)(4)(ii) of Sec. 201.204.

Part 204--Investigations of Effects of Imports on Agricultural 
Programs

    The Commission proposes to amend Sec. 204.1 by renumbering footnote 
5 as footnote 1, and to amend Sec. 204.2 by renumbering footnote 6 as 
footnote 2. These changes would correct a misnumbering of those 
footnotes. The Commission also proposes to simplify the authority 
citation.

Part 206--Investigations Relating to Global and Bilateral Safeguard 
Actions, Market Disruption, and Review of Relief Actions

Subpart A--General

    The Commission proposes amending paragraph (b) of Sec. 206.3 
regarding the contents of a notice of institution of an investigation 
under part 206. Under the proposed amendment, the notice of institution 
would include any limits on page lengths for posthearing briefs.
    The Commission proposes amending paragraph (b) of Sec. 206.8 
regarding service to provide that the Secretary shall promptly notify a 
petitioner of approval of an application for disclosure of confidential 
business information under administrative protective order (APO), and 
that the petitioner shall then serve a copy of the confidential 
petition on those approved applicants within two (2) calendar days of 
receiving that notification. Under this proposed amendment, which is 
consistent with Sec. 207.10(b)(1)(i), approved applicants will receive 
a copy of the confidential petition more quickly, and without having to 
wait for the Secretary's issuance of the service list.
    The Commission proposes amending paragraphs (a)(2), (g)(1) and (3) 
of Sec. 206.17. The Commission proposes to amend paragraph (a)(2), 
regarding applications for disclosure of confidential business 
information under APO, to require only a signed APO application and 
five (5) copies to be filed with the Commission. Filing a signed 
original and fourteen (14) copies pursuant to Sec. 201.8 (d) provides 
the Commission with unnecessary copies. The Commission proposes 
amending paragraph (g)(1) to include the definition of nondisclosable 
confidential business information from Sec. 201.6(a)(2) to make the 
rule easier to understand. The Commission also proposes amending 
paragraph (g)(3) regarding required bracketing procedures if a request 
for exemption from disclosure of business proprietary information is 
approved. This proposed amendment would make this provision consistent 
with existing Sec. 207.7(g)(3), the analogous provision in part 207.

Part 207--Investigations of Whether Injury to Domestic Industries 
Results From Imports Sold at Less Than Fair Value or From 
Subsidized Exports to the United States

Subpart A--General Provisions

    The Commission proposes to remove Sec. 207.6 regarding reports of 
progress of investigation as unnecessary and

[[Page 38617]]

inconsistent with Commission practice. The section number will be 
reserved.
    The Commission proposes to amend paragraph (a)(2) of Sec. 207.7 
regarding applications for disclosure of business proprietary 
information under APO, to require only a signed APO application and 
five (5) copies to be filed with the Commission, consistent with the 
proposed changes in part 206. The Commission further proposes to amend 
paragraph (a)(2) of Sec. 207.7 for consistency to include a deadline 
for adding attorneys under the APO in remanded investigations.

Subpart F--Five-Year Reviews

    The Commission proposes to amend paragraph (b)(2) of Sec. 207.62, 
regarding rules on adequacy and nature of Commission review, to delete 
the reference to ``per group,'' as unnecessary, since a grouped review 
only involves one ``group.''
    The Commission proposes to amend paragraph (b) of Sec. 207.64, 
regarding staff reports, to conform with agency practice by providing 
that the final staff report will be placed in the record.

List of Subjects in 19 CFR Parts 201, 204, 206, and 207

    Administrative practice and procedure, Investigations.

    For the reasons stated in the preamble, the Commission proposes to 
amend 19 CFR parts 201, 204, 206 and 207 as set forth below:

PART 201--RULES OF GENERAL APPLICATION

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: Sec. 335 of the Tariff Act of 1930 (19 U.S.C. 1335), 
and sec. 603 of the Trade Act of 1974 (19 U.S.C. 2482), unless 
otherwise noted.
    2. Revise Sec. 201.1 to read as follows:


Sec. 201.1  Applicability of part.

    This part relates generally to functions and activities of the 
Commission under various statutes and other legal authority. Rules 
having special application appear separately in parts 202 through 207, 
inclusive, and parts 210, 212 and 213, of this chapter. In case of 
inconsistency between a rule of general application and a rule of 
special application, the latter is controlling.
    3. Amend Sec. 201.2 to revise paragraph (c) to read as follows:


Sec. 201.2  Definitions.

* * * * *
    (c) Tariff Act means the Tariff Act of 1930, 19 U.S.C. Secs. 1202-
1677j, Secs. 1677m-n;
* * * * *
    4. Amend Sec. 201.3 to revise paragraph (c) to read as follows:


Sec. 201.3  Commission offices, mailing address, and hours.

* * * * *
    (c) Hours. The business hours of the Commission are from 8:45 a.m. 
to 5:15 p.m., eastern standard or daylight savings time, whichever is 
in effect in Washington, DC. Any document filed with the Secretary of 
the Commission after 5:15 p.m. will be considered filed the next 
business day.
    5. Amend Sec. 201.3a to revise paragraph (a) to read as follows:


Sec. 201.3a  Missing children information.

    (a) Pursuant to 39 U.S.C. 3220, penalty mail sent by the Commission 
may be used to assist in the location and recovery of missing children. 
This section establishes procedures for such use and is applicable on a 
Commission-wide basis. The Commission's Office of Facilities 
Management, telephone 202-205-2741, shall be the point of contact for 
matters related to the implementation of this section.
* * * * *
    6. Amend Sec. 201.4 to revise paragraph (d) to read as follows:


Sec. 201.4  Performance of functions.

* * * * *
    (d) Presentation of matter that may come within the purview of 
other laws. Whenever any party or person, including the Commission 
staff, has reason to believe that a matter under investigation pursuant 
to section 337 of the Tariff Act of 1930, or a matter under an 
investigation pursuant to section 202 of the Trade Act of 1974 (19 
U.S.C. 2252), which is causing increased imports may come within the 
purview of another remedial provision of law not the basis of such 
investigation, including but not limited to the antidumping provisions 
(19 U.S.C. 1673 et. seq.) or the countervailing duty provisions (19 
U.S.C. 1671 et. seq.) of the Tariff Act of 1930, then the party or 
person may file a suggestion of notification with the Commission that 
the appropriate agency be notified of such matter or circumstances, 
together with such information as the party or person has available. 
The Secretary shall promptly thereafter publish notice of the filing of 
such suggestion and information, and make them available for inspection 
and copying to the extent permitted by law. Any person may comment on 
the suggestion within 10 days after the publication of said notice. 
Thereafter, the Commission shall determine whether notification is 
appropriate under the law and, if so, shall notify the appropriate 
agency of such matters or circumstances. The Commission may at any time 
make such notification in the absence of a suggestion under this rule 
when the Commission has reason to believe, on the basis of information 
before it, that notification is appropriate under law.
    7. Amend Sec. 201.6 to revise paragraphs (a)(2), (d), (e)(3) and 
(g) to read as follows:


Sec. 201.6  Confidential business information.

    (a) * * *
    (2) Nondisclosable confidential business information is privileged 
information, classified information, or specific information (e.g., 
trade secrets) of a type for which there is a clear and compelling need 
to withhold from disclosure. Special rules for the handling of such 
information are set out in Sec. 206.17 and Sec. 207.7 of this chapter.
* * * * *
    (d) Approval or denial of requests for confidential treatment. 
Approval or denial of requests shall be made only by the Secretary or 
Acting Secretary. An approval or a denial of a request for confidential 
treatment shall be in writing. A denial shall specify the reason 
therefor, and shall advise the submitter of the right to appeal to the 
Commission.
    (e) * * *
    (3) The justification submitted to the Commission in connection 
with an appeal shall be limited to that presented to the Secretary with 
the original or amended request. When the Secretary or Acting Secretary 
has denied a request on the ground that the submitter failed to provide 
adequate justification, any such additional justification shall be 
submitted to the Secretary for consideration as part of an amended 
request. For purposes of paragraph (e)(1) of this section, the twenty 
(20) day period for filing an appeal shall be tolled on the filing of 
an amended request and a new twenty (20) day period shall begin once 
the Secretary or Acting Secretary has denied the amended request, or 
the approval or denial has not been forthcoming within ten (10) days of 
the filing of the amended request. A denial of a request by the 
Secretary on the ground of inadequate justification shall not obligate 
a requester to furnish additional justification and shall not preclude 
a requester from filing an appeal with the Commission based on the 
justification earlier submitted to the Secretary.
* * * * *

[[Page 38618]]

    (g) Granting confidential status to business information. Any 
business information submitted in confidence and determined to be 
entitled to confidential treatment shall be maintained in confidence by 
the Commission and not disclosed except as required by law. In the 
event that any business information submitted to the Commission is not 
entitled to confidential treatment, the submitter will be permitted to 
withdraw the tender within five days of its denial of confidential 
treatment unless it is the subject of a request under the Freedom of 
Information Act or of judicial discovery proceedings. After such five 
day period, the business information deemed not entitled to 
confidential treatment, and not withdrawn, will be treated as public 
information.
* * * * *
    8. Amend Sec. 201.8 to revise paragraphs (a) and (c) to read as 
follows:


Sec. 201.8  Filing of Documents.

    (a) Where to file; date of filing. Documents shall be filed at the 
office of the Secretary of the Commission in Washington, DC. Such 
documents, if properly filed within the hours of operation specified in 
Sec. 201.3 (c), will be deemed to be filed on the date on which they 
are actually received in the Commission.
* * * * *
    (c) Specifications for documents. Each document filed under this 
chapter shall be double-spaced, clear and legible, except that a 
document of two pages or less in length need not be double-spaced.
* * * * *
    9. Amend Sec. 201.13 to revise paragraphs (f) and (i)(1) to read as 
follows:


Sec. 201.13  Conduct of nonadjudicative hearings.

* * * * *
    (f) Supplementary material. Up to five double-spaced pages of 
supplementary material, other than remarks read into the record, will 
be accepted for the record. Supplementary material exceeding five pages 
may be accepted upon a showing of such cause as may be deemed 
sufficient by the presiding officials. Supplementary materials must be 
marked with the name of the organization submitting it. As used herein, 
the term supplementary material refers to:
    (1) Additional graphic material such as charts and diagrams used to 
illuminate an argument or clarify a position and
    (2) Information not available to a party at the time its prehearing 
brief was filed.
* * * * *
    (i) Briefs--(1) Parties. Briefs of the information produced at the 
hearing and arguments thereon may be presented to the Commission by 
parties to the investigation. Time to be allowed for submission of 
briefs will be set after conclusion of testimony and oral argument, if 
any.
* * * * *
    10. Amend Sec. 201.14 to revise paragraph (a) to read as follows:


Sec. 201.14  Computation of time, additional hearings, postponements, 
continuances, and extensions of time.

    (a) Computation of time. Computation of any period of time 
prescribed or allowed by the rules in this chapter, by order of the 
Commission, or by order of the presiding officer under part 210 of this 
chapter shall begin with the first business day following the day on 
which the act or event initiating such period of time shall have 
occurred. The last day of the period so computed is to be included, 
unless it is a Saturday, Sunday, or Federal legal holiday, in which 
event the period runs until the end of the next business day. When the 
period of time prescribed or allowed is less than 7 days, intermediate 
Saturdays, Sundays, and Federal legal holidays shall be excluded from 
the computation. As used in this rule, a Federal legal holiday refers 
to any full calendar day designated as a legal holiday by the President 
or the Congress of the United States. In the event of an early or all-
day closing of the Commission on a business day, the Secretary is 
authorized to accept on the next full business day filings due the day 
of the early or all-day closing, without requiring the granting of an 
extension of time by the Chairman of the Commission, or such other 
person designated to conduct the investigation.
* * * * *
    11. Amend Sec. 201.17 to revise paragraph (a)(1) to read as 
follows:


Sec. 201.17  Procedures for requesting access to records.

    (a) Requests for records. (1) A request for any information or 
record shall be addressed to the Secretary, United States International 
Trade Commission, 500 E Street SW., Washington, DC 20436 and shall 
indicate clearly in the request, and if the request is in paper form on 
the envelope, that it is a ``Freedom of Information Act Request.'' A 
written request may be made either in paper form, or Electronically by 
contacting the Commission at http://www.usitc.gov/foia.htm.
* * * * *
    12. Amend Sec. 201.18 to revise paragraphs (b), (d), introductory 
text, and (e) to read as follows:


Sec. 201.18  Denial of requests, appeals from denial.

* * * * *
    (b) An appeal from a denial of a request must be received within 
sixty days of the date of the letter of denial and shall be made to the 
Commission and addressed to the Chairman, United States International 
Trade Commission, 500 E Street SW., Washington, DC 20436. Any such 
appeal shall be in writing, and shall indicate clearly in the appeal, 
and if the appeal is in paper form on the envelope, that it is a 
``Freedom of Information Act Appeal.'' An appeal may be made either:
    (1) In paper form, or
    (2) Electronically by contacting the Commission at http://
www.usitc.gov/foia.htm.
* * * * *
    (d) The extensions of time mentioned in paragraph (c) of this 
section shall be made only for one or more of the following reasons:
* * * * *
    (e) The extensions of time mentioned in paragraph (c) of this 
section shall not exceed ten working days in the aggregate.
    13. Amend Sec. 201.19(b) to revise the definition of Submitter to 
read as follows:


Sec. 201.19  Notification regarding requests for confidential business 
information.

* * * * *
    (b) Definitions. * * *
    Submitter means any person or entity who provides confidential 
business information, directly or indirectly, to the Commission. The 
term includes, but is not limited to, corporations, producers, 
importers, and state and federal governments, as well as others who 
have an administrative relationship with the Commission such as 
contractors, bidders and vendors.
* * * * *
    14. Amend Sec. 201.21 to revise paragraph (a) to read as follows:


Sec. 201.21  Availability of specific records.

    (a) Records available. The following information, on request to the 
Secretary of the Commission, is available for public inspection and 
copying: final opinions, including concurring and dissenting opinions, 
as well as orders, made in the adjudication of cases; those statements 
of policy and interpretations which have been adopted by the agency;

[[Page 38619]]

and administrative staff manuals and instructions to staff that affect 
a member of the public. Available information includes, but is not 
limited to: Applications, petitions, and other formal documents filed 
with the Commission, notices to the public concerning Commission 
matters, transcripts of testimony taken and exhibits submitted at 
hearings, reports to the President, to either or both Houses of 
Congress, or to Committees of Congress, release of which has been 
authorized by the President or the legislative body concerned, reports 
and other documents issued for general distribution. Much of the 
information described above also is available on the Commission's World 
Wide Web site. The Commission's home page is at http://www.usitc.gov. 
The web site also includes information subject to repeated Freedom of 
Information Act requests. Persons accessing the web site can find 
instructions on how to locate Commission information by following the 
``Freedom of Information Act'' link on the home page.
* * * * *
    15. Amend Sec. 201.31 to revise the section heading and add 
paragraph (c) to read as follows:


Sec. 201.31  Fees and employee conduct.

* * * * *
    (c) The Privacy Act Officer shall establish rules of conduct for 
persons involved in the design, development, operation, or maintenance 
of any system of records, or in maintaining any record, and 
periodically instruct each such person with respect to such rules and 
the requirements of the Privacy Act including the penalties for 
noncompliance.


Sec. 201.33  [Removed]

    16. Remove Sec. 201.33.
    17. Amend Sec. 201.170 to revise paragraph (c) to read as follows:


Sec. 201.170  Compliance procedures.

* * * * *
    (c) The Director, Office of Equal Employment Opportunity, shall be 
responsible for coordinating implementation of this section. Complaints 
may be sent to the Director, Office of Equal Employment Opportunity, 
United States International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
* * * * *
    18. Amend Sec. 201.201 to revise paragraphs (f) and (m) to read as 
follows:


Sec. 201.201  Definitions.

* * * * *
    (f) Director means the Director, Office of Finance of the 
Commission or an official designated to act on the Director's behalf.
* * * * *
    (m) Office of Finance means the Office of Finance of the 
Commission.
* * * * *
    19. Amend Sec. 201.204 to revise paragraphs (g), introductory text, 
(g)(1), (g)(2), (h)(1)(iii), (h)(3), and (h)(4)(ii) to read as follows:


Sec. 201.204  Salary offset.

* * * * *
    (g) Notice of salary offset where the Commission is the paying 
agency.
    (1) Upon issuance of a proper certification by the Director (for 
debts owed to the Commission) or upon receipt of a proper certification 
from another creditor agency, the Office of Finance shall send the 
employee a written notice of salary offset. Such notice shall advise 
the employee:
    (i) Of the certification that has been issued by the Director or 
received from another creditor agency;
    (ii) Of the amount of the debt and of the deductions to be made; 
and
    (iii) Of the initiation of salary offset at the next officially 
established pay interval or as otherwise provided for in the 
certification.
    (2) The Office of Finance shall provide a copy of the notice to the 
creditor agency and advise such agency of the dollar amount to be 
offset and the pay period when the offset will begin.
* * * * *
    (h) * * *
    (1) * * *
    (iii) Deductions shall begin the pay period following the issuance 
of the certification by the Director or the receipt by the Office of 
Finance of the certification from another agency or as soon thereafter 
as possible.
* * * * *
    (3) Multiple debts. Where two or more creditor agencies are seeking 
salary offset, or where two or more debts are owed to a single creditor 
agency, the Office of Finance may, at its discretion, determine whether 
one or more debts should be offset simultaneously within the 15 percent 
limitation.
    (4) * * *
    (ii) In the event that a debt to the Commission is certified while 
an employee is subject to salary offset to repay another agency, the 
Office of Finance may, at its discretion, determine whether the debt to 
the Commission should be repaid before the debt to the other agency, 
repaid simultaneously, or repaid after the debt to the other agency.
* * * * *

PART 204--INVESTIGATIONS OF EFFECTS OF IMPORTS ON AGRICULTURAL 
PROGRAMS

    1. Revise the authority citation for part 204 to read as follows:

    Authority: 19 U.S.C. 1335.

    2. In Sec. 204.1, redesignate footnote 5 as footnote 1.
    3. In Sec. 204.2, redesignate footnote 6 as footnote 2.

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

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

    Authority: 19 U.S.C. 1335, 2251-2254, 3351-3382; secs. 103, 301-
302, Pub. L. 103-465, 108 .Stat. 4809.

    2. Amend Sec. 206.3 to revise paragraph (b) to read as follows:


Sec. 206.3  Institution of investigations; publication of notice; and 
availability for public inspection.

* * * * *
    (b) Contents of notice. The notice will identify the petitioner or 
other requestor, the imported article that is the subject of the 
investigation and its tariff subheading, the nature and timing of the 
determination to be made, the time and place of any public hearing, 
dates of deadlines for filing briefs, statements, and other documents, 
limits on page lengths for posthearing briefs, the place at which the 
petition or request and any other documents filed in the course of the 
investigation may be inspected, and the name, address, and telephone 
number of the office that may be contacted for more information. The 
Commission will provide the same sort of information in its notice when 
the investigation was instituted following receipt of a resolution or 
on the Commission's own motion.
* * * * *
    3. Amend Sec. 206.8 to revise paragraph (b) to read as follows:


Sec. 206.8  Service, filing and certification of documents.

* * * * *
    (b) Service. Any party submitting a document for the consideration 
of the Commission in the course of an investigation to which this part 
pertains shall, in addition to complying with Sec. 201.8 of this 
chapter, serve a copy of the public version of such document on all 
other parties to the investigation in the manner prescribed in 
Sec. 201.16 of this chapter, and, when appropriate, serve a copy of the 
confidential version of such document in the manner provided for in 
Sec. 206.17(f). The

[[Page 38620]]

Secretary shall promptly notify a petitioner when, before the 
establishment of a service list under Sec. 206.17(a)(4), an application 
under Sec. 206.17(a) is approved. When practicable, this notification 
shall be made by facsimile transmission. A copy of the petition 
including all confidential business information shall then be served by 
petitioner on those approved applicants in accordance with this section 
within two (2) calendar days of the time notification is made by the 
Secretary. If a document is filed before the Secretary's issuance of 
the service list provided for in Sec. 201.11 of this chapter or the 
administrative protective order list provided for in Sec. 206.17, the 
document need not be accompanied by a certificate of service, but the 
document shall be served on all appropriate parties within two (2) days 
of the issuance of the service list or the administrative protective 
order list and a certificate of service shall then be filed. 
Notwithstanding Sec. 201.16 of this chapter, petitions, briefs, and 
testimony filed by parties shall be served by hand or, if served by 
mail, by overnight mail or its equivalent. Failure to comply with the 
requirements of this rule may result in removal from status as a party 
to the investigation. The Commission shall make available, upon 
request, to all parties to the investigation a copy of each document, 
except transcripts of hearings, confidential business information, 
privileged information, and information required to be served under 
this section, placed in the docket file of the investigation by the 
Commission.
* * * * *
    4. Amend Sec. 206.17 to revise paragraph (a)(2), (g)(1) and (3) to 
read as follows:


Sec. 206.17  Limited disclosure of certain confidential business 
information under administrative protective order.

    (a) * * *
    (1) * * *
    (2) Application. An application under paragraph (a)(1) of this 
section must be made by an authorized applicant on a form adopted by 
the Secretary or a photocopy thereof. A signed application and five (5) 
copies thereof shall be filed. An application on behalf of an 
authorized applicant must be made no later than the time that entries 
of appearance are due pursuant to Sec. 201.11 of this chapter. In the 
event that two or more authorized applicants represent one interested 
party who is a party to the investigation, the authorized applicants 
must select one of their number to be lead authorized applicant. The 
lead authorized applicant's application must be filed no later than the 
time that entries of appearance are due. Provided that the application 
is accepted, the lead authorized applicant shall be served with 
confidential business information pursuant to paragraph (f) of this 
section. The other authorized applicants representing the same party 
may file their applications after the deadline for entries of 
appearance but at least five days before the deadline for filing 
posthearing briefs in the investigation, and shall not be served with 
confidential business information.
* * * * *
    (g) Exemption from disclosure--(1) In general. Any person may 
request exemption from the disclosure of confidential business 
information under administrative protective order, whether the person 
desires to include such information in a petition filed under this 
Subpart B, or any other submission to the Commission during the course 
of an investigation. Such a request shall only be granted if the 
Secretary finds that such information is nondisclosable confidential 
business information. As defined in Sec. 201.6(a)(2) of this chapter, 
nondisclosable confidential business information is privileged 
information, classified information, or specific information (e.g., 
trade secrets) of a type for which there is a clear and compelling need 
to withhold from disclosure.
    (2) * * *
    (3) Procedure if request is approved. If the request is approved, 
the person shall file three versions of the submission containing the 
nondisclosable confidential business information in question. One 
version shall contain all confidential business information, bracketed 
in accordance with Sec. 201.6 of this chapter and Sec. 206.8(c), with 
the specific information as to which exemption from disclosure was 
granted enclosed in triple brackets. This version shall have the 
following warning marked on every page: ``CBI exempted from disclosure 
under APO enclosed in triple brackets.'' The other two versions shall 
conform to and be filed in accordance with the requirements of 
Sec. 201.6 of this chapter and Sec. 206.8 (c), except that the specific 
information as to which exemption from disclosure was granted shall be 
redacted from those versions of the submission.
* * * * *

PART 207--INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES 
RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM 
SUBSIDIZED EXPORTS TO THE UNITED STATES

    1. The authority citation for part 207 continues to read as 
follows:

    Authority: 19 U.S.C. 1336, 1671-1677n, 2482, 3513.


Sec. 207.6  [Removed]

    2. Remove and reserve Sec. 207.6.
    3. Amend Sec. 207.7 by revising paragraphs (a)(2) and (g)(1) to 
read as follows:


Sec. 207.7  Limited disclosure of certain business proprietary 
information under administrative protective order.

    (a) * * *
    (2) Application. An application under paragraph (a)(1) of this 
section must be made by an authorized applicant on a form adopted by 
the Secretary or a photocopy thereof. A signed application and five (5) 
copies thereof shall be filed. An application on behalf of a 
petitioner, a respondent, or another party must be made no later than 
the time that entries of appearance are due pursuant to Sec. 201.11 of 
this chapter. In the event that two or more authorized applicants 
represent one interested party who is a party to the investigation, the 
authorized applicants must select one of their number to be lead 
authorized applicant. The lead authorized applicant's application must 
be filed no later than the time that entries of appearance are due. 
Provided that the application is accepted, the lead authorized 
applicant shall be served with business proprietary information 
pursuant to paragraph (f) of this section. The other authorized 
applicants representing the same party may file their applications 
after the deadline for entries of appearance but at least five days 
before the deadline for filing posthearing briefs in the investigation, 
or the deadline for filing briefs in the preliminary phase of an 
investigation, or the deadline for filing submissions in a remanded 
investigation, and shall not be served with business proprietary 
information.
* * * * *
    (g) Exemption from disclosure--(1) In general. Any person may 
request exemption from the disclosure of business proprietary 
information under administrative protective order, whether the person 
desires to include such information in a petition filed under 
Sec. 207.10, or any other submission to the Commission during the 
course of an investigation. Such a request shall only

[[Page 38621]]

be granted if the Secretary finds that such information is 
nondisclosable confidential business information. As defined in 
Sec. 201.6(a)(2) of this chapter, nondisclosable confidential business 
information is privileged information, classified information, or 
specific information (e.g., trade secrets) of a type for which there is 
a clear and compelling need to withhold from disclosure. The request 
will be granted or denied not later than thirty (30) days (ten (10) 
days in a preliminary phase investigation) after the date on which the 
request is filed.
    4. Amend Sec. 207.62 to revise paragraph (b)(2) to read as follows:


Sec. 207.62  Rulings on adequacy and nature of Commission review.

* * * * *
    (b) * * *
    (2) Comments shall be submitted within the time specified in the 
notice of institution. In a grouped review, only one set of comments 
shall be filed per party. Comments shall not exceed fifteen (15) pages 
of textual material, double spaced and single sided, on stationery 
measuring 8 \1/2\  x  11 inches. Comments containing new factual 
information shall be disregarded.
* * * * *
    5. Amend Sec. 207.64 to revise paragraph (b) to read as follows:


Sec. 207.64  Staff Reports.

* * * * *
    (b) Final staff report. After the hearing, the Director shall 
revise the prehearing staff report and submit to the Commission, prior 
to the Commission's determination, a final version of the staff report. 
The final staff report is intended to supplement and correct the 
information contained in the prehearing staff report. The Director 
shall place the final staff report in the record. A public version of 
the final staff report shall be made available to the public and a 
business proprietary version shall also be made available to persons 
authorized to receive business proprietary information under 
Sec. 207.7.

    Issued: May 30, 2002.

    By Order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-13910 Filed 6-4-02; 8:45 am]
BILLING CODE 7020-20-P