[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Rules and Regulations]
[Pages 41363-41364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14404]


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DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 351

[Docket Number: 200626-0171]
RIN 0625-AB19


Temporary Rule Modifying AD/CVD Service Requirements Due to 
COVID-19; Extension of Effective Period

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

ACTION: Temporary final rule; extension of effective period.

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SUMMARY: In March, the Department of Commerce (Commerce) implemented 
temporary modifications to its service regulations to enable non-U.S. 
Government personnel responsible for serving documents in the 
Enforcement & Compliance's (E&C) antidumping and countervailing duty 
(AD/CVD) cases to work remotely. Through this extension, Commerce 
extends the duration of these temporary modifications until further 
notice.

DATES: The temporary final rule published on March 26, 2020 (85 FR 
17006), which was extended on May 18, 2020 (85 FR 29615), is further 
extended indefinitely. At this time, Commerce is not establishing a 
termination date. Instead, the temporary modifications will remain in 
place until further notice, and Commerce will publish a document 
announcing the termination date in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Evangeline D. Keenan, Director, APO/
Dockets Unit, at (202) 482-3354.

SUPPLEMENTARY INFORMATION:

Background

    On March 26, 2020, E&C published a temporary final rule in the 
Federal Register, temporarily modifying certain requirements for 
serving documents

[[Page 41364]]

containing business proprietary information in AD/CVD proceedings 
administered by E&C until May 19, 2020, unless extended. Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 
(March 26, 2020) (Temporary Final Rule). On May 18, 2020, E&C published 
a notification extending the temporary modifications through July 17, 
2020. Temporary Rule Modifying AD/CVD Service Requirements Due to 
COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 2020). 
The temporary modifications were implemented to facilitate the 
effectuation of service through electronic means, with the goal of 
promoting public health and slowing the spread of COVID-19 while at the 
same time permitting the continued administration of AD/CVD 
proceedings. E&C explained that the service requirements in its 
regulations are often effectuated by hand delivery or by U.S. mail 
delivery of hard copy documents, which frequently takes place in an 
office setting. In turn, this could pose a risk to the personnel tasked 
with serving or accepting service by hand or mail, as well as those 
around them. Based on these circumstances, E&C announced that it would 
temporarily deem service of submissions containing business proprietary 
information (BPI) to be effectuated when the BPI submissions are filed 
by parties in ACCESS, with certain exceptions. With the continued goal 
of promoting public health during these times while at the same time 
permitting the continued administration of AD/CVD proceedings, E&C is 
extending the date through which the modified service requirements in 
the Temporary Final Rule will be in effect. This is the second 
extension of the temporary final rule. For efficiency purposes, and 
with the continued goal identified above in mind, instead of again 
setting a termination date for the temporary final rule, the temporary 
final rule will remain in effect until further notice. Commerce will 
publish a document announcing the termination date in the Federal 
Register.

Extension

    The modified service requirements announced in the Temporary Final 
Rule will remain in effect until further notice.

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 AD/CVD 
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 
prescribed 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.

    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.

    Dated: June 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-14404 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-DS-P