ITC Proposing Procedural Changes to AD/CVD Injury Investigations
The International Trade Commission is proposing changes to its procedural rules for antidumping and countervailing duty injury determinations, according to a copy of a proposed rule posted on its website. The changes would affect filing procedures, both in general and for lost sales or revenue allegations, as well as deadlines for requests for information and the timeline for changed circumstances proceedings. The proposed rules ask for comments within 60 days of publication in the Federal Register, but the rule hasn’t yet been published.
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According to the preamble to the proposed rule, the amendments “seek to increase efficiency in processing and reviewing documents filed with the Commission and reduce Commission expenditures.” Changes would include the following:
Submission format. All submissions over 50 pages would need to be securely bound and have divider pages and identifying tabs before each exhibit or attachment. This would include AD/CVD petitions, except for one copy that must be filed unbound to facilitate scanning into the ITC’s Electronic Document Information System (EDIS).
Lost revenue allegations. The proposed rule would require filing of lost sales or revenue allegations electronically. The ITC said it still isn’t sure which format that will take. Options include submission of data in an electronic spreadsheet document, or direct entry into a secure internet portal. These allegations are currently submitted by fax.
The proposed rule would also mandate lost sales or revenue submissions include the email and street addresses for each purchaser associated with the lost sales or lost revenue allegation.
Precise contact info. Under the new rules, petitioners would have to give email addresses for all U.S. producers and importers identified in the petition.
Limits on requests for information. All requests for collecting new information would have to be made in comments on draft questionnaires. Later requests would be disregarded. “Commission staff does not have sufficient time or resources during the latter stage of final phase investigations to embark upon major data collection efforts,” the ITC said.
Changed circumstances deadlines. Deadlines for changed circumstances investigations would be lengthened, to “provide the Commission with additional time to analyze issues pertaining to complex or contested requests.”