This article suggests that the practice of International Trade Commission (ITC) commissioners not to deliberate or share opinions among the themselves before releasing their decisions in antidumping and countervailing duty (AD/CVD) cases is at once shortsighted, anti-intellectual, and ultimately unnecessary. The plain language and legislative history of the federal Government in the Sunshine Act - the ITC’s apparent procedural reason not to deliberate or share opinions – simply does not apply, either to informal background discussions among the commissioners designed to clarify issues and expose varying views, or to the sort of meetings where the commissioners might discuss AD/CVD cases.
The article concludes that the ITC should reconsider its overly-restrictive interpretation of the Sunshine Act in order to allow commissioners to engage in private informal background discussions to exchange information and ideas among themselves. Such a change would significantly aid the ITC in producing well-reasoned, thoughtful, and fair AD/CVD decisions.
Michael A. Lawrence, Finding Shade from the "Government in the Sunshine Act": A Proposal to Permit Private Informal Background Discussions at the U.S. International Trade Commission, 45 Cath. U. L. Rev. 1 (1995).