[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Rules and Regulations]
[Pages 17006-17008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06306]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket Number: 200320-0083]
RIN 0625-AB19
Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
ACTION: Temporary final rule.
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SUMMARY: The Department Commerce (Commerce)'s Enforcement and
Compliance Unit (E&C) is temporarily modifying certain requirements for
serving documents containing business proprietary information in
antidumping and countervailing duty (AD/CVD) cases to facilitate the
effectuation of service through electronic means. The goal is to
promote public health and slow the spread of COVID-19. These temporary
modifications will be in place until May 19, 2020, unless extended.
DATES: Effective March 24, 2020, through 17:00 hours EST, May 19, 2020.
FOR FURTHER INFORMATION CONTACT: Evangeline D. Keenan, Director, APO/
Dockets Unit, at 202-482-3354.
SUPPLEMENTARY INFORMATION:
Background
In light of the recent COVID-19 outbreak, the U.S. Government is
encouraging American citizens to work from home whenever possible. The
service requirements in E&C's regulations are often effectuated by hand
delivery or by U.S. mail delivery of hard copy documents, which often
takes place in an office setting. In turn, this poses a risk to the
personnel tasked with serving or accepting service by hand or mail, as
well as those around them. Accordingly, Enforcement & Compliance (E&C)
will temporarily deem service of submissions containing business
proprietary information (BPI) to be effectuated when the BPI
submissions are filed by parties in ACCESS (E&C's online document
portal), with certain exceptions, with the goal of promoting public
health and slowing the spread of COVID-19 while at the same time
permitting the continued administration of antidumping and
countervailing duty proceedings.
In general, 19 CFR 351.303(f)(1) states that a person filing a
document with Commerce simultaneously must serve a copy of the document
on all relevant persons by personal service or first class mail. 19 CFR
351.303(f)(3) provides that case and rebuttal briefs must be made by
personal service, overnight mail, courier, or in the case of service
outside the United States, by first class airmail. E&C is temporarily
modifying the means by which a person may serve documents containing
BPI, as follows.
For BPI documents submitted with final bracketing on the due date
(i.e., documents not submitted under the one-day lag rule, 19 CFR
351.303(c)(2)(i)), E&C will deem service to be effectuated upon the
filing of the submission in ACCESS. E&C will notify interested parties
that the document has been filed through daily ACCESS BPI Release
Digest emails. This modification does not apply to service to pro se
parties or parties represented by a non-APO-authorized representative.
For BPI documents submitted under the one-day lag rule, 19 CFR
351.303(c)(2)(i), E&C is temporarily waiving the service requirement
for bracketing-not-final BPI submissions filed on the due date. In
addition, E&C will deem service to be effectuated upon the filing in
ACCESS of the complete
[[Page 17007]]
final BPI document on the next business day under 19 CFR
351.303(c)(2)(ii). This modification does not apply to service to pro
se parties or parties represented by a non-APO-authorized
representative.
For case and rebuttal briefs served pursuant to 19 CFR
351.303(f)(3)(i), service of BPI case and rebuttal briefs will be
deemed effectuated via ACCESS. To provide adequate time for release of
case briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while these
modifications remain in effect). This modification does not apply to
service to pro se parties or parties represented by a non-APO-
authorized representative.
Notwithstanding the modifications described above, parties must
still take active steps to serve pro se parties BPI documents
containing only the pro se party's BPI and serve parties represented by
a non-APO-authorized representative documents containing only that
party's BPI, consistent with 19 CFR 351.306(c)(2). However, E&C is
temporarily modifying the electronic service provision under 19 CFR
351.303(f)(1)(ii), so that a pro se party may give consent to another
interested party to serve a document electronically on that pro se
party only, provided that the document only contains the pro se party's
BPI. In addition, a party represented by a non-APO-authorized
representative may give consent to another interested party to serve a
document electronically on that non-APO-authorized representative only,
provided that the document only contains the BPI of the party
represented by that non-APO-authorized representative. If such consent
is given, then the serving party's APO-authorized representative may
serve the submission on that party via electronic transmission with
that recipient's consent. The document must not contain the business
proprietary information of other parties.
Exceptions to Temporary Modifications
The following types of submissions and scenarios require the normal
means of service as required by section 19 CFR 351.303(f) of E&C
regulations, as ACCESS cannot effectuate service:
Requests for administrative review, new shipper review, changed
circumstances review and expedited review. Service lists for these
segments are not yet established at the time of filing of the relevant
request. The service requirements under 19 CFR 351.303(f)(3)(ii)
continue to apply.
Requests for scope ruling or anti-circumvention inquiry. These
requests require service on the comprehensive scope service lists in
accordance with 19 CFR 351.225(n).
E&C is not modifying the applicable requirements for serving public
documents and public versions at this time, see 19 CFR
351.303(f)(1)(ii), which permit electronic service of public documents
and public versions, provided that the receiving party consents.
Classification
Administrative Procedure Act
The provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking and the opportunity for public
participation are waived for good cause because they would be
impracticable and contrary to the public interest. (See 5 U.S.C.
553(b)(B)). Interested parties participating in E&C's antidumping and
countervailing duty proceedings are generally required to serve other
interested parties with documents they submit to E&C. If notice and
comment were to be allowed, parties submitting documents containing BPI
information to E&C likely either would be unable to serve other parties
in the manners proscribed in E&C's regulations or potentially would put
their health and safety at risk in doing so. COVID-19 was unexpected
and this circumstance could not have been foreseen; therefore E&C could
not have prepared ahead of time for this set of circumstances. The
provision of the Administrative Procedure Act otherwise requiring a 30-
day delay in effectiveness is also waived for those same reasons, which
constitute good cause. (5 U.S.C. 553(d)(3)).
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
temporary rule is not significant for purposes of Executive Order
12866.
Executive Order 13771
This temporary rule is not expected to be subject to the
requirements of Executive Order 13771 because this temporary rule is
not significant for purposes of Executive Order 12866.
Paperwork Reduction Act
This temporary rule contains no new collection of information
subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35.
Executive Order 13132
This temporary rule does not contain policies with federalism
implications as that term is defined in section 1(a) of Executive Order
13132, dated August 4, 1999 (64 FR 43255 (August 10, 1999)).
Regulatory Flexibility Act
The analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable because no general notice of
proposed rulemaking was required for this action. Accordingly, no
regulatory flexibility analysis is required, and none has been
prepared.
List of Subjects in 19 CFR Part 351
Administrative Practice and Procedure, Antidumping, Countervailing
Duties, Confidential Business Information, Reporting and Recordkeeping
Requirements.
Dated: March 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
For the reasons stated in the preamble, 19 CFR part 351 is amended
as follows:
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES
0
1. The authority citation for 19 CFR part 351 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C. 1303
note; 19 U.S.C. 1671 et seq.; and 19 U.S.C. 3538.
0
2. Amend Sec. 351.303 by adding paragraph (f)(4) to read as follows:
Sec. 351.303 Filing, document identification, format, translation,
service, and certification of documents.
* * * * *
(f) * * *
(4) Notwithstanding any other paragraph in this section, until
further notice, as of March 24, 2020, we are modifying the service
requirements with respect to documents containing business proprietary
information as follows:
(i) For BPI documents submitted with final bracketing on the due
date (i.e., documents not submitted under the one-day lag rule,
paragraph (c)(2)(i) of this section), E&C will deem service to be
effectuated upon filing of the submission in ACCESS. E&C will notify
interested parties that the document has been filed through daily
ACCESS BPI Release Digest emails. This paragraph (f)(4)(i) does not
apply to service to pro se parties or parties represented by a non-APO-
authorized representative.
(ii) For BPI documents submitted under the one-day lag rule,
paragraph (c)(2)(i) of this section, E&C is temporarily waiving the
service requirement for bracketing-not-final BPI submissions filed on
the due date. In addition, E&C will deem service to be effectuated upon
the filing in ACCESS
[[Page 17008]]
of the complete final BPI document on the next business day under
paragraph (c)(2)(ii) of this section. This paragraph (f)(4)(ii) does
not apply to service to pro se parties or parties represented by a non-
APO-authorized representative.
(iii) For case and rebuttal briefs served pursuant to paragraph
(f)(3)(i) of this section, service of BPI case and rebuttal briefs will
be deemed effectuated via ACCESS. This paragraph (f)(4)(iii) does not
apply to service to pro se parties or parties represented by a non-APO-
authorized representative.
(iv) Parties must still take active steps to serve pro se parties
BPI documents containing only the pro se party's BPI and serve parties
represented by a non-APO-authorized representative documents containing
only that party's BPI, consistent with Sec. 351.306(c)(2). However,
E&C is temporarily modifying the electronic service provision under
paragraph (f)(1)(ii) of this section, so that a pro se party may give
consent to another interested party to serve a document electronically
on that pro se party only, provided that the document only contains the
pro se party's BPI. Such a document must not contain the BPI of other
parties. In addition, a party represented by a non-APO-authorized
representative may give consent to another interested party to serve a
document electronically on that non-APO-authorized representative only,
provided that the document only contains the BPI of the party
represented by that non-APO-authorized representative. Such a document
must not contain the BPI of other parties. If such consent is given,
then the serving party's APO-authorized representative may serve the
submission on that party via electronic transmission with that
recipient's consent.
(v) Exceptions. Notwithstanding paragraphs (f)(4)(i) through (iv)
of this section, the following types of submissions and scenarios
require the normal means of service as required by this paragraph (f):
(A) Requests for administrative review, new shipper review, changed
circumstances review and expedited review.
(B) Requests for scope ruling or anti-circumvention inquiry.
[FR Doc. 2020-06306 Filed 3-24-20; 4:15 pm]
BILLING CODE 3510-DS-P