Firms Seek Changes To ITA Proposal Increasing Oversight Of Practitioners

摘要

A handful of trade lawyers earlier this month criticized some details of a Commerce Department proposal designed to increase Commerce's ability to discipline trade lawyers who commit various forms of misconduct when appearing before the department in trade remedy proceedings. These lawyers argued that the proposal does not adequately define the instances in which Commerce may discipline attorneys, imposes unduly harsh sanctions when violations do occur, and does not allow for adequate due process. The proposed rule, issued June 26, would allow Commerce to suspend or bar any attorney or representative from practicing in trade remedy cases in instances of misconduct. The proposal does not say what type of misconduct would trigger such a punitive action, stating only that Commerce would take such action when it has "good cause" to do so. The proposal also would allow Commerce to take lesser measures, such as public or private reprimand, if Commerce deemed it more appropriate.