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Practice Areas

Improving Conduct of AD/CV Injury Investigations is Aim of ITC Final Rule

Wednesday, June 25, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has issued a final rule that will amend its rules of practice and procedure concerning the conduct of antidumping and countervailing injury investigations and reviews. These amendments seek to increase efficiency in processing and reviewing documents filed with the Commission and to reduce agency expenditures. This rule will apply to all proceedings pending before the ITC as of July 25.

Paper Copies. The ITC is not adopting a requirement for all paper copies of electronic submissions exceeding 50 pages in length to be securely bound, but it is requiring such copies to have a divider page and an identifying tab preceding each exhibit and/or attachment. The ITC is also not adopting a recommendation to eliminate all paper filing requirements, stating that paper copies are still needed in light of the tight deadlines and voluminous factual records entailed by AD/CV investigations and reviews as well as the limits of current technology and the Commission’s budget.

The ITC is adopting a requirement not included in its proposed rule for nine confidential and two non-confidential copies of briefs and other written submissions (rather than eight and four, respectively, under the previous rules) to be submitted in preliminary and final phase investigations and sunset reviews.

Petition Contents. Petitioners must provide the email address, in addition to the street address, phone number and contact person already required, for all U.S. producers and importers identified in the petition. Petitioners must also 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.

Petitioners must file any allegations of lost sales or lost revenue 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. Commission staff is still examining options for such a process.

Investigative Activity. All requests for collecting new information must be presented at the draft questionnaire stage in final phase investigations.

Changed Circumstances. The deadlines for instituting and completing changed circumstances reviews will be extended (from 30 to 45 days and from 120 to 180 days, respectively) 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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