95-10257. Notice of Commission Decision Not To Proceed With Proposed Rulemaking Concerning Voting Procedures in Investigations and Related Proceedings on Unfair Practices in Import Trade

[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Proposed Rules]
[Page 20463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10257]



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INTERNATIONAL TRADE COMMISSION

19 CFR Part 210


Notice of Commission Decision Not To Proceed With Proposed 
Rulemaking Concerning Voting Procedures in Investigations and Related 
Proceedings on Unfair Practices in Import Trade

AGENCY: International Trade Commission.

ACTION: Notice that a proposed rulemaking will not proceed.

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SUMMARY: The Commission will not proceed at this time with the proposed 
amendment of certain final rules for investigations and related 
proceedings under section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337). The proposed amendments were intended to do the following: (1) 
Increase the number of votes required for the Commission to review an 
initial determination (ID) on a matter other than temporary relief or 
grant a request for oral argument in connection with such a review; and 
(2) prescribe the effect of a tie vote concerning post-review 
disposition of an ID on a matter other than temporary relief.

DATES: April 26, 1995.

FOR FURTHER INFORMATION CONTACT: P. N. Smithey, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3061. Hearing-impaired individuals can obtain information 
concerning the proposed rulemaking by contacting the Commission's TDD 
terminal at 202-205-1810.

SUPPLEMENTARY INFORMATION: On January 19, 1995, the Commission 
published an advance notice of proposed rulemaking for the final rules 
to be codified in 19 CFR part 210 concerning investigations and related 
proceedings under section 337 of the Tariff Act. 60 FR 3785 (Jan. 19, 
1995). The notice solicited written comments on whether the Commission 
should do the following:

    1. Amend final rule 210.43(d)(3) to provide that the Commission 
will review an ID on a matter other than temporary relief when at 
least one-half of the participating Commissioners vote in favor of a 
review;
    2. Amend final rule 210.45(a) to provide that the Commission 
will grant a request for oral argument in connection with review of 
an ID on a matter other than temporary relief when at least one-half 
of the participating Commissioners vote in favor of such argument; 
and/or
    3. Amend final rule 210.45(c), without statutory changes, to 
state what effect a tie-vote will have on the Commission's 
disposition of an ID on a matter other than temporary relief--e.g., 
that a tie vote on the disposition of an ID after a review will 
constitute an affirmance of the ID.

    Comments were filed by the American Bar Association's Section of 
International Law and Practice, the Customs and International Trade Bar 
Association, and the International Trade Commission Trial Lawyers 
Association. For the most part, the commenters advocated alternative 
amendments or retention of the existing rule or practice in response to 
the questions of whether the Commission should amend rules 210.43(d) 
and 210.45(a) as described in the advance notice. The commenters that 
addressed final rule 210.45(c) were evenly divided on whether the 
Commission should amend that rule as described in the advance notice.
    A majority of the Commission has determined not to proceed with the 
proposed amendment of final rules 210.43(d) and 210.45(a) at this time. 
A majority of the Commission also has determined not to proceed with 
the proposed amendment of final rule 210.45(c) at this time.

    Dated: April 21, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-10257 Filed 4-25-95; 8:45 am]
BILLING CODE 7020-02-P