Pursuant to the Clerk's Order of October 22, 2012, Petitioners the National Association of Manufacturers, the Chamber of Commerce of the United States of America, and Business Roundtable file this preliminary Statement of Issues: 

 

1. Whether the Commission's economic analysis of Rule 13p-1 and Form SD is inadequate, in violation of 15 U.S.C. § 78c(f), 15 U.S.C. § 78w(a)(2), and 5 U.S.C. § 603. 

 

2. Whether the Commission's refusal to adopt a de minimis exception to Rule 13p-1 is erroneous, arbitrary and capricious, or an abuse of discretion. 

 

3. Whether the Commission's interpretation of 15 U.S.C. § 78m(p )(2)(B) as including non-manufacturers who "contract to manufacture" products is erroneous, arbitrary and capricious, or an abuse of discretion. 

 

4. Whether the Commission's interpretation of "did originate" m 15 

U.S.C. § 78m(p )(1 )(A) as "reason to believe . . . may have originated" is erroneous, arbitrary and capricious, or an abuse of discretion. 

 

5. Whether the standard and requirements imposed by Rule 13p-1 's "reasonable country of origin inquiry" are erroneous, arbitrary and capricious, or an abuse of discretion. 

 

6. Whether the structure of the transition period established by the rule is erroneous, arbitrary and capricious, or an abuse of discretion. 

 

7. Whether 15 U.S.C. § 78m(p) compels speech in violation of the First Amendment to the United States Constitution. 

 

8. Whether the Commission otherwise acted in a manner that was arbitrary and capricious, an abuse of discretion, unlawful, or contrary to a constitutional right within the meaning of the Administrative Procedure Act, 5 U.S.C. § 706, or other applicable law in adopting Rule 13p-1 and Form SD.

 

Respectfully submitted,