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ITC Proposes Changes to Improve Conduct of AD/CV Injury Investigations

Tuesday, June 18, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission is accepting comments through Aug. 19 on a proposal to amend its rules of practice and procedure concerning the conduct of antidumping and countervailing injury investigations and reviews. The ITC states that the proposed amendments seek to increase efficiency in processing and reviewing documents filed with the Commission and to reduce agency expenditures. Specific provisions of this proposed rule include the following.

- All paper copies of electronic submissions exceeding 50 pages in length would have to be securely bound (e.g., spiral binding, velo binding and, for documents close to the 50-page threshold, stapling) and have a divider page and an identifying tab preceding each exhibit and/or attachment. The divider page and/or tab would have to be labeled with a letter or number that corresponds to a more fully descriptive index. Petitions would also be subject to these requirements, with the exception that one copy would have to be filed unbound to facilitate its scanning into the Electronic Document Information System. The ITC could waive these requirements upon a showing of good cause.

- Petitioners would have to provide the email address, street address, city, state and five-digit zip code for each purchaser/contact with respect to each allegation of lost sales or lost revenue. The ITC currently collects this information from non-petitioning U.S. producers in its questionnaires.

- Petitioners would have to file any lost sales or revenue allegation(s) identified in the petition via a separate electronic data entry process in a manner to be specified in the ITC’s Handbook on Filing Procedures. Options under consideration include an electronic spreadsheet document provided by the ITC or direct entry into a secure Web-based portal. Additional options may be contemplated based on information received from public comments or as a result of evolving technological capabilities.

- Petitioners would have to provide email addresses, in addition to the other contact information currently required, for all U.S. producers and U.S. importers identified in the petition.

- All requests for collecting new information would have to be presented at the draft questionnaire stage in final phase investigations.

- The deadlines for instituting and completing changed circumstances reviews would be extended to provide the ITC with additional time to analyze issues pertaining to complex or contested requests as well as greater scheduling flexibility.

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