• ITA Proposes Rule re Attorney Misconduct in AD/CVD Proceedings
  • July 19, 2012
  • Law Firm: Crowell Moring LLP - Washington Office
  • On June 26, the International Trade Administration ("ITA"), Department of Commerce ("Commerce"), issued a notice and request for comments regarding its proposed rule to hold attorneys (and non-attorney representatives) subject to disciplinary action for misconduct during antidumping duty ("AD") and countervailing duty ("CVD") proceedings before the Import Administration. The proposed rule:

    • Establishes a good cause standard for the application of sanctions for misconduct,

    • Identifies possible sanctions for misconduct including suspension and barring one from practice before the agency or a lesser sanction (that may be public or private) at the Secretary's discretion, and

    • Permits attorneys and representatives to have an opportunity to present their views on the matter to Commerce.

    The proposed rule follows the 2011 interim final rule regarding alleged certification violations and criminal sanctions. Under the new rule, Commerce will maintain a public register of attorneys and representatives suspended or barred from practice. All public comments on this proposed rule must be received no later than August 10, 2012.