Supporting Statement

SUPPORTING STATEMENT FOR
UNITED STATES INTERNATIONAL TRADE COMMISSION
INFORMATION COLLECTION
(2010 USITC SURVEY REGARDING OUTSTANDING §337 EXCLUSION ORDERS)
In its Strategic Plan (available on the agency website at http://www.usitc.gov) the Commission set
itself the goal of obtaining feedback on the effectiveness of its exclusion orders from complainants
that obtained such orders under 19 U.S.C. §1337. As the Commission is authorized to issue both
general and limited exclusion orders, two survey forms are proposed, one for each type of relief.
The proposed survey seeks to gather feedback to allow the Commission to assess the effectiveness
of statutory relief offered by the Act. This information will allow the Commission both to assess
its remedial efforts and to develop and implement proposals to bolster enforcement.
The proposed survey asks whether and to what extent Commission exclusion orders are effective
in preventing the importation of covered goods. If imports have continued, the proposed survey asks
for an estimate of the magnitude and effect on the U.S. market of such imports. The proposed
survey also requests information regarding the cost, if any, to complainants of policing the
Commission’s exclusion orders and the level of satisfaction among complainants with the efforts
of U.S. Customs and Border Protection in enforcing the Commission’s exclusion orders. It will be
sent to complainants that obtained an exclusion order, that currently remains in effect, from the
Commission following an investigation under Section 337. Responses to the proposed survey are
voluntary. The Commission estimates that the proposed survey will impose no burden, and will take
less than 1 response hour for each of the approximately 79 firms that may choose to respond.
As the proposed survey constitutes an information collection as defined by the Paperwork Reduction
Act of 1995, this supporting statement is for clearance from the Office of Management and Budget
(OMB) to issue it. Copies of the survey forms and cover letters with instructions are attached.

A.

Justification

1.
Request
The U.S. International Trade Commission has the responsibility of investigating unfair methods of
competition and unfair acts in the importation of articles into the United States under Section 337
of the Tariff Act of 1930 (19 U.S.C. §1337). Under Sections 337(d)(1) and (d)(2) of the Act, if the
Commission determines, as a result of an investigation under this section, that there is a violation
of this section, it generally enters either a limited or a general exclusion order directing U.S.
Customs and Border Protection to deny entry into the United States to goods covered by the order.
2.
Purpose
The proposed survey seeks to gather feedback from prevailing complainants in the above Section
337 investigations to allow the Commission to assess the effectiveness of statutory relief offered by
the Act. This information will allow the Commission both to assess its remedial efforts and to
develop and implement proposals to bolster enforcement.

3.
Information Technology
The proposed survey, which was designed to be as brief as possible, consistent with information
requirements, will be posted on the Commission’s website but submission of survey responses must
be in paper form. While the submission of survey responses in electronic form has been considered,
the submission of survey responses in paper form is simple and straightforward and does not appear
to present any additional burden on survey recipients. Indeed, survey recipients are complainants
in Section 337 investigations that have previously and regularly made submissions in paper form
to the Commission in order to obtain the relief at issue.
4.
Non-duplication
The requested information is not available elsewhere.
5.
Small Businesses
Although some of the firms that will receive a survey are “small businesses,” as specified under the
Small Business Administration Rules (13 C.F.R. Part 121), this proposed survey will not have a
significant economic impact on these entities. All of these small businesses have previously
petitioned the Commission in order to obtain the relief at issue and currently have exclusion orders
in effect. To minimize the reporting burden, the proposed survey was designed to be as brief as
possible, consistent with information requirements. Check-in type questions are used to simplify
survey response and no supporting documentation is requested. Also, the proposed survey indicates
that estimates are acceptable; this should further reduce the potential burden on smaller firms that
may not have the administrative resources or automated record systems of larger firms.
6.
Consequence of Non-collection
Missed opportunity to improve remedial efforts and to develop and implement proposals to bolster
enforcement.
7.
Special Circumstances
There are no special circumstances that would cause the proposed survey to be issued in a manner
inconsistent with the items specified in item 7 of the instructions for the Supporting Statement.
8.
Consultations
The Commission’s notice soliciting comments on the proposed information collection (the proposed
survey) prior to submitting it to OMB was published in the Federal Register on February 24, 2010,
pages 8398-99 (copy attached), as required by 5 C.F.R. §1320.8(d). Further, a draft of the proposed
survey was placed on the Commission’s website, which is regularly accessed by the trade law firms
that appear before the Commission in Section 337 proceedings.
The sole public comment regarding the proposed survey was submitted, on March 26, 2010, by
counsel for Pass & Seymour, Inc. (“P&S”), which received a limited exclusion order as the
complainant in Certain Ground Fault Circuit Interrupters and Products Containing Same, Inv. No.
337-TA-615. P&S proposed an additional question, following Question No. 11 of the proposed
survey, asking whether U.S. Customs has issued any ruling regarding whether goods are covered
by the exclusion order since the exclusion order went into effect. The Commission has considered
P&S’s comments and has determined to adopt P&S’s proposal.

Additionally, the proposed survey closely parallels a similar survey conducted during FY 2005.
9.
Payments or Gifts
There is no provision for any payments or gifts to respondents.
10.
Confidentiality
The Commission does not intend to publish the identities of survey respondents. Additionally, the
transmittal letter for each proposed survey form states: “Any commercial or financial data furnished
in response to this survey that reveals the individual operations of your firm will be treated as
confidential by the Commission to the extent that such data is not otherwise available to the public
and will not be disclosed except as may be required by law.” The authority for accepting
submissions of information as confidential is codified under 19 C.F.R. §§201.6, 210.7, and 210.72.
11.
Sensitive Information
Information on issues of a sensitive nature involving persons is not being sought.
12.
Estimates of Burden
The Commission estimates that responding to this proposed information collection will take less
than 1 response hour for each of the approximately 79 firms that may choose to respond. This
estimate is based on the Commission’s prior experience in conducting a similar survey during FY
2005 and the absence of comments regarding the Commission’s estimate of the burden of the
proposed information collection. The estimated total cost to respondents of the proposed
information collection is $5530.00 (79 hours x $70.00/hour). The hourly rate estimate is the same
as that used in item 14 below.
13.
Total Annual Cost Burden to Respondents
Not applicable. This is a one-time data collection with no capital and start-up costs component.
14.
Annualized Cost to Federal Government
The estimated total project cost to the Federal Government for distributing the survey and compiling
responses is estimated to be $2800.00 (40 hours x $70.00/hour). The hourly rate estimate was
approximated by dividing the annual salary for an investigative attorney at Grade 15, Step 6 of the
General Schedule Pay Scale for Washington, DC, by the number of work hours per year.
15.
Program Changes and/or Adjustments
The Commission seeks to gather, through the proposed survey, feedback on the effectiveness of its
exclusion orders from complainants that obtained such orders under 19 U.S.C. §1337. The proposed
survey asks whether and to what extent Commission exclusion orders are effective in preventing
the importation of covered goods. If imports have continued, the proposed survey asks for an
estimate of the magnitude and effect on the U.S. market of such imports. The proposed survey also
requests information regarding the cost, if any, to complainants of policing the Commission’s
exclusion orders and the level of satisfaction among complainants with the efforts of U.S. Customs
and Border Protection in enforcing the Commission’s exclusion orders. Such data is not publicly
available. This is a one-time data collection.

16.
Plans for Tabulation and Publication
After the survey responses are compiled, reviewed, and analyzed by the Commission staff, the
survey results will be presented to the Commission for follow-up as appropriate, such as inclusion
in performance reports under the Government Performance and Results Act. The survey responses
will be kept confidential. Commission staff reports regarding the survey responses, e.g., reports
prepared by the Office of Unfair Import Investigations within the Commission, will be kept
confidential. Commission performance reports regarding the survey results, e.g., the Commission’s
Annual Performance Accountability Report, may be made available to the public. The survey forms
are scheduled to be mailed on or about August 13, 2010, and responses requested within 10 days
after receipt of the survey. The survey is scheduled to be conducted within the 2010 fiscal year.
17.
Non-display of Expiration Date
Not applicable. The proposed survey will display the expiration date for OMB approval of the
information collection.
18.
Exceptions to Certification Statement to OMB Form 83-I
There are no known exceptions to the certification statement identified in Item 19, “Certification for
Paperwork Reduction Act Submissions,” of OMB Form 83-I for this proposed information
collection.