ITA Issues Proposed Rule to Require Electronic AD/CV Document Submission

Comments are due by September 27, 2010.

(ITA sources note that the proposed regulatory requirements are for official document submission, which do not include importer filings; therefore this proposed rule would not have a significant impact on importers in AD/CV duty proceedings.)

Pilot Program for Electronic AD/CV Document Submission Began July 1

The ITA implemented a pilot program to test IA ACCESS for submitting documents in 14 AD and CV duty proceedings on July 1, 2010. This first pilot program, which ends on September 30, 2010, only concerns the electronic submission of documents.

(The pilot programs for the other two phases, (1) the electronic release of public documents and (2) the electronic release of business proprietary documents to authorized applicants, will be conducted at a later date. See ITT’s Online Archives or 06/08/10 news, 10060824, for BP summary on first phase pilot.)

Electronic Document Submission Would be Required, Unless Excepted

Among other things, the ITA proposes to add 19 CFR 351.303(b)(2), which would specify that, notwithstanding 19 CFR 351.103, 351.302, 351.303, 351.304, 351.305, and 351.306, all documents must be filed electronically unless a relevant exception applies.

Exceptions to the electronic filing requirements will be set forth in the IA ACCESS Handbook on Electronic Filing Procedures, which the ITA intends to publish on its Web site at http://www.trade.gov/ia by the effective date of the final rule.

Such exceptions would include instances where a submitter does not have internet access or the submission itself cannot be submitted in an electronic format. If a submitter experiences difficulty in filing a document electronically under circumstances for which an exception applies, the ITA would consider the ability of the submitter and may modify the electronic filing requirement on a case-by-case basis.

Manual Submission Exceptions Would be Required during Business Hours

The ITA states that the alternative suggestion for exceptions to electronic filing would be to file the submission manually. In such cases, the ITA proposes specifying that manually filed submissions may only be filed during business hours (8:30 a.m.--5:00 p.m. ET on business days), but electronically filed submissions may be filed at any time, provided that they are filed in their entirety by 5:00 p.m. ET on the due date.

5 Proposed Document Classifications; All Info Would be Releasable Under APO

The ITA proposes adding 19 CFR 351.303(b)(4) to identify and distinguish among the five document classifications that may be submitted to the ITA:

• Business Proprietary Document--May Be Released Under administrative protective order (APO), which would contain only single-bracketed business proprietary information for which a party agrees to release under APO;
• Business Proprietary Document--May Not Be Released Under APO, which could contain both single and double-bracketed business proprietary information, but the submitter does not agree to the release of the double-bracketed information under APO;
• Business Proprietary/APO Version--May Be Released Under APO, which would contain only single-bracketed business proprietary information from which the submitter would omit the double-bracketed business proprietary information;
• Public Version, which would correspond to a business proprietary document, except it would omits all business proprietary information; and
• Public Document which would contain only public information.

The ITA also proposes amending 19 CFR 351.303(c)(3) to remind submitters that all electronic database information would be required to be releasable under APO regardless of whether it is filed electronically or manually.

(The ITA is also considering providing for the implementation of electronic APO release as part of the overall transition to IA ACCESS, and requests comments on the APO release process, the adequacy of providing for electronic release in the APO, and the necessity of additional security requirements in the APO application.)

(See ITA’s proposed rule for completed proposed regulations, including proposed electronic cover sheet requirements, additional requirements for manual filings, etc.)

ITA contact -- Evangeline Keenan (202) 482-9157

(FR Pub 07/28/10, D/N 100614263-0263-01)

The User Interface Guide for the IA ACCESS Pilot is available here.