[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