G/ADP/N/1/USA/1/Suppl.30  
G/SCM/N/1/USA/1/Suppl.29  
16 July 2020 
(20-4866) Page: 1/3 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
TEMPORARY RULE MODIFYING AD/CVD SERVICE REQUIREMENTS DUE TO COVID -19:  
EXTENSION OF EFFECTIVE PERIOD  
Supplement  
The following communication, dated 15 July 2 020, is being circulated at the request of the delegation 
of the United States.  
 
_______________  
 
 
Pursuant to Article 32.6 of the Agreement on Subsidies and Countervailing Measures and Article 18.5 
of the Agreem ent on Implementation of Article VI of the General Agreement on Tariffs and 
Trade  1994, the United States hereby notifies:  
TEMPORARY RULE MODIF YING AD/CVD SERVICE REQUIREMENTS DUE TO COVID -19: 
EXTENSION OF EFFECTI VE PERIOD  
The United States previously noti fied that the US Department of Commerce 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 United State is now notifying that this temporary modification is being 
extended until further notice.  
[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]  
[Rules and Regulations]  
[Pages 41363 -41364]  
From the Federal Regis ter 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 r ule 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 unti l 
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. T emporary 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 o f 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 circumstan ces, 
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 promot ing 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 furt her 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  G/ADP/N/1/USA/1/Suppl.30 • G/SCM/N/1/USA/1/Suppl.29  
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  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, 1 999 (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. 
According ly, 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 f or Enforcement and Compliance.  
[FR Doc. 2020 -14404 Filed 7 -9-20; 8:45 am]  
BILLING CODE 3510 -DS-P 
 
 
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