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ITC Eases Restrictions on Former Employees Representing Parties in AD/CV Sunset Reviews

Friday, January 17, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has clarified its practice regarding appearances by former ITC employees in multiple sunset reviews stemming from the same underlying antidumping or countervailing injury investigation. Former employees may now represent a party in a sunset review even if they participated personally and substantially in an earlier sunset review of the same corresponding underlying investigation while an ITC employee. The sunset review is not the same particular matter as the underlying original investigation, the Commission states, and a sunset review is not the same particular matter as an earlier review of the same underlying investigation for the purpose of applying post-employment restrictions. In addition, former employees seeking to appear in a later sunset review will no longer be required to seek approval to appear before the ITC even if the underlying original investigation or an earlier review had been pending when they were employed by the Commission.

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