ITC Adopts Plan for Retro Reviews - AD/CV Injury, Section 337 Regs 1st Up
The International Trade Commission has adopted a plan for the retrospective review, every two years, of certain existing ITC regulations pursuant to Executive Order 135791. ITC has also preliminarily identified for its first review regulations governing AD/CV injury investigations, AGOA “abundant supply” investigations (the underlying law for which has been repealed), and section 337 IPR infringement investigations, among others.
AD/CV Injury, Section 337, AGOA “Abundant Supply” Identified for 1st Review
ITC states it has preliminarily identified for review aspects of the following regulations over the next two years, but may consider whether other parts of its regulations should also be included in this first review (partial list):
AD/CV and Section 337 Investigations. ITC will seek to determine whether 19 CFR Part 207, which governs the conduct of antidumping and countervailing duty investigations, and 19 CFR Part 210, which governs section 337 intellectual property right infringement investigations, shall be modified, streamlined, expanded or repealed.
AGOA “Abundant Supply” Investigations. ITC intends to review its regulations addressing investigations with respect to the commercial availability of textile fabric and yarn in Sub-Saharan African countries, to assess whether these regulations can be repealed, in light of the repeal of section 112(c)(2) of the African Growth and Opportunity Act (AGOA), which required ITC to make determinations with respect to the commercial availability and use of regional textile fabric or yarn in lesser developed beneficiary sub-Saharan African countries in the production of apparel articles receiving US preferential treatment under AGOA.
(See ITT’s Online Archives 07020610 for summary of 2006 enactment of AGOA amendment implementing abundant supply rules for fabric and yarn produced in an AGOA beneficiary that is in abundant supply. See ITT’s Online Archives 07041810 for summary of ITC interim rule on “Abundant Supply” AGOA fabric and yarn determinations. See ITT’s Online Archives 08102015 for repeal of this provision.)
ITC’s Plan Establishes Method for Biennial Reviews
Every two years, ITC will request input, both internal and from the public, on rules suitable for modification or elimination. Once an appropriate rule change has been identified, ITC will publish a notice of proposed rulemaking and solicit public comment on the proposed change.
1EO 13579, issued July 11, 2011, requires each independent agency to develop and release a plan under which the agency will periodically review its significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving regulatory objectives.
(See ITT’s Online Archive 11102524 for summary of ITC’s preliminary version of this plan, which also listed AD/CV injury and AGOA “abundant supply” investigations for the first two-year review period.)
ITC Contact: Peter L. Sultan (202) 205-3094