ITA Considers Regulations to Establish Procedures and Sanctions for False Statements Submitted During AD/CV Duty Proceedings
The International Trade Administration (ITA) has issued a notice of inquiry announcing that it is considering proposing regulations that would establish procedures that the agency would follow when it has reason to believe that a person has certified and submitted false statements, or engaged in a scheme to certify and submit false statements, in the course of an antidumping (AD) or countervailing (CV) duty proceeding.
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The goal of this inquiry is to collect information as to whether the ITA should consider such regulations and, if so, what procedures and administrative sanctions those regulations should establish.
ITA Currently Lacks Regulations on Investigation & Sanction of False Statements
According to the ITA, the Tariff Act of 1930, as amended, requires that any person who provides factual information to the ITA during an AD or CV duty proceeding must certify to the accuracy and completeness of such information.
The ITA regulations set forth the specific content requirements for such certifications and ITA may refer (and has referred) allegations of fraud regarding these certifications to the Department of Commerce's (DOC's) Office of Inspector General (OIG) or to U.S. Customs and Border Protection (CBP) for appropriate disposition. However, the ITA currently has no regulations setting forth procedures for investigating or potentially imposing sanctions against persons who certify and submit false statements to ITA during AD or CV duty proceedings.
ITA Seeks Responses to Certain Questions Regarding Investigations & Sanctions
The ITA has issued this notice to collect information from members of the bar who regularly practice before it, as well as from interested members of the general public, in order to assist ITA in determining whether to issue regulations pertaining to false statements and, if so, what those regulations should address.
The ITA is particularly interested in comments relating to the questions set forth in an Appendix attached to its notice of inquiry. The questions posed in the Appendix include (partial list):
Are the current certification requirements sufficient to protect the integrity of ITA's administrative processes?
What should be the definition or scope of the terms "fraud" or "false statements" as they may relate to any regulations which ITA may promulgate?
Who should be subject to these regulations? Should they cover only fraud or false statements committed by attorneys and other professionals appearing before the agency, or should they also cover the foreign and domestic companies subject to the ITA's determinations?
What type of remedial sanctions should be imposed upon a finding that a person committed fraud?
- written comments must be received within 60 days of January 26, 2004.
ITA contact - Elizabeth Seastrum (202) 482-0834
ITA notice (D/N 031120285-3285-01, FR Pub 01/26/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-1573.pdf