80 FR 52617 - Investigations of Whether Injury to Domestic Industries Results From Imports Sold at Less Than Fair Value or From Subsidized Exports to the United States

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 169 (September 1, 2015)

The United States International Trade Commission (``Commission'') is amending a provision of its Rules of Practice and Procedure concerning the conduct of antidumping and countervailing duty investigations and reviews. The amendment is designed to facilitate the collection of information and reduce the burden on petitioning parties by changing the information they need to provide in petitions.

[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52617-52619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21441]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

19 CFR Part 207

[Docket No. MISC-013]


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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States International Trade Commission 
(``Commission'') is amending a provision of its Rules of Practice and 
Procedure concerning the conduct of antidumping and countervailing duty 
investigations and reviews. The amendment is designed to facilitate the 
collection of information and reduce the burden on petitioning parties 
by changing the information they need to provide in petitions.

DATES: This regulation is effective October 1, 2015, and is applicable 
to all petitions filed with the Commission after October 1, 2015.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary, telephone 
(202) 205-2000, or Michael Haldenstein, Attorney-Advisor, Office of the 
General Counsel, telephone (202) 205-3041, United States International 
Trade Commission. 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 
Internet server at http://www.usitc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Section 335 of the Tariff Act of 1930 (19 U.S.C. 1335) authorizes 
the Commission to adopt reasonable procedures, rules, and regulations 
that it deems necessary to carry out its functions and duties. The 
Commission has determined to amend Part 207 of its rules covering 
investigations conducted under title VII of the Tariff Act of 1930, as 
amended (``title VII proceedings''). The amendment is to Commission 
Rule 207.11 (19 CFR 207.11), which governs the information required in 
antidumping and countervailing duty petitions filed with the Commission 
(as well as the Department of Commerce). The change to the rule is 
aimed at decreasing the burden on petitioning parties to provide 
detailed information concerning lost sales and lost revenue allegations 
in petitions filed with the Commission.
    The Commission recently amended its Rules of Practice and 
Procedure, including Commission Rule 207.11. Prior to promulgating 
final rules, it published a notice of proposed rulemaking (NOPR) in the 
Federal Register. 78 FR 36446-449 (June 18, 2013). Among the provisions 
it proposed to amend was the provision in 19 CFR 207.11(b)(2)(v) 
concerning submission of lost sales and lost revenue allegations. Three 
law firms which regularly appear before the Commission in Title VII 
proceedings filed comments on the NOPR. On June 25, 2014, the 
Commission published revisions to its rules, including 19 CFR 
207.11(b)(2)(v), that largely adopted the changes proposed in the NOPR. 
79 FR 35920 (June 25, 2014).
    In this notice, the Commission is adopting new rules regarding 
collection of information on lost sales and lost revenue allegations. 
The Commission considers this rule to be procedural and therefore 
excepted from notice-and-comment requirements under 5 U.S.C.

[[Page 52618]]

553(b)(3)(A). The Commission typically engages in a notice-and-comment 
rulemaking process, even when it is not required, so it can receive 
comments and suggestions from affected parties concerning contemplated 
changes to its Rules of Practice and Procedure. The Commission decided 
that such processes were not warranted in this particular circumstance 
and, for reasons stated more fully below, finds under 5 U.S.C. 
553(b)(3)(B) that good cause exists to waive prior notice and 
opportunity for public comment. In particular, the Commission conducted 
a rulemaking concerning the lost sales/lost revenue provision at 19 CFR 
207.11(b)(2)(v) last year, received limited comments on the provision, 
and subsequently conducted an external survey process which yielded 
considerable commentary about procedures for collecting and 
investigating lost sales and lost revenue allegations. Consequently, 
the Commission has recently received and carefully considered extensive 
comments concerning the matters addressed in this notice.

Regulatory Analysis of Amendment to the Commission's Rules

    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 final rulemaking is required under 5 U.S.C. 553(b) or any 
other statute. These regulations are ``agency rules of procedure and 
practice,'' and thus are exempt from the notice requirement imposed by 
5 U.S.C. 553(b). Moreover, the rules are certified as not having a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    The rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    The rule does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.).
    The rule change does not constitute a ``significant regulatory 
action'' under Executive Order 12866 (58 FR 51735, October 4, 1993).
    The rule change does not have Federalism implications as specified 
in Executive Order 13132 (64 FR 43255, October 7, 1999).
    The amendment is not to a major rule as defined by section 804 of 
the Small Business Regulatory Enforcement Fairness Act of 1996 (5 
U.S.C. 801 et. seq.). Moreover, it is exempt from the reporting 
requirements of the Act because it concerns a rule of agency 
organization, procedure, or practice that does not substantially affect 
the rights or obligations of non-agency parties.

Explanation of the Rule Change

    On June 25, 2014, the Commission amended 19 CFR 207.11(b)(2)(v) in 
two respects. First, the amendment required that petitioners provide 
the email address, street address, city, state, and 5-digit zip code 
for each purchaser/contact with respect to each lost sales or lost 
revenue allegation. Second, petitioners were required 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 Commission's Handbook on Filing Procedures. The only comment on 
these changes asserted that the Commission's approach to investigating 
lost sales and lost revenue allegations was overly rigid and that the 
amendment would only further increase the number of lost sales or lost 
revenue allegations that go uninvestigated. When it adopted the rule 
changes, the Commission indicated that its staff was still in the 
process of examining possible methods for electronic entry of data 
pertaining to lost sales and lost revenue allegations. Some basic 
requirements were to be specified in the Commission's Handbook of 
Filing Procedures and the Commission indicated that these requirements 
may be further modified.
    After the amendments of June 2014, the Commission staff conducted 
an external survey regarding the Commission's lost sales and lost 
revenue allegation process. It received 37 responses to the survey. 
Most survey respondents represented U.S. producers and they noted that 
they frequently submit lost sales and lost revenue allegations. Many 
survey respondents stated that it is difficult to provide the level of 
detail requested by the Commission regarding the allegations, 
particularly specific dates, quantities, and competing prices. They 
asserted that because of the level of detail and required research, 
compiling the information can be time consuming and costly for 
petitioners. Some survey respondents noted that collection of 
allegation information requires extensive document collection and 
review. Survey respondents also observed that the specificity of the 
details in the allegation makes it possible for purchasers to deny 
allegations based on minor differences in details.
    After considering these comments, the Commission has determined to 
amend Commission Rule 207.11(b)(2)(v) to no longer require transaction-
specific lost sales and lost revenue allegation information in the 
petition. Parties will no longer be required by the Rule to include in 
the petition ``[a] listing of all sales or revenues lost by each 
petitioning firm by reason of the subject merchandise during the three 
years preceding filing of the petition.'' Rather, the Commission's 
revised rule will state that the petition must include ``[a] listing of 
the main purchasers from which each petitioning firm experienced lost 
sales or lost revenue by reason of the subject merchandise during a 
period covering the three most recently completed calendar years and 
that portion of the current calendar year for which information is 
reasonably available.'' Petitioners will be required to provide the 
listing via a separate electronic data entry process in a manner to be 
specified in the Commission's Handbook on Filing Procedures. The 
Commission is also removing the requirement that petitioners supply 
physical addresses for purchasers. Instead, petitioners will be 
required to provide information identified in the template spreadsheet 
specified in the Commission's Handbook on Filing Procedures. The 
language of the rule also now clearly indicates that lost sales and 
revenue allegations should concern a period more closely reflecting the 
period of investigation the Commission typically uses rather than only 
the three years preceding the filing of the petition.
    These changes in requirements for the petition should ease the 
burden on petitioners while not compromising the ability of Commission 
staff to investigate lost sales and revenue that occur during the 
period of investigation.
    Accordingly, the ITC amends 19 CFR part 207 as follows:

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

0
1. The authority citation for part 207 continues to read as follows:

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


0
2. In Sec.  207.11, revise paragraph (b)(2)(v) to read as follows:


Sec.  207.11  Contents of petition.

* * * * *
    (b) * * *
    (2) * * *
    (v) A listing of the main purchasers from which each petitioning 
firm

[[Page 52619]]

experienced lost sales or lost revenue by reason of the subject 
merchandise during a period covering the three most recently completed 
calendar years and that portion of the current calendar year for which 
information is reasonably available. For each named purchaser, 
petitioners must provide the email address of the specific contact 
person, 5-digit zip code, and the information identified in the 
template spreadsheet specified in the Commission's Handbook on Filing 
Procedures. Petitioners must certify that all lost sales or lost 
revenue allegations identified in the petition will also be submitted 
electronically in the manner specified in the Commission's Handbook on 
Filing Procedures.
* * * * *

    By order of the Commission.

     Issued: August 25, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-21441 Filed 8-31-15; 8:45 am]
 BILLING CODE 7020-02-P