G/ADP/N/1/USA/1/Suppl.26  
G/SCM/N/1/USA/1/Suppl.25  
 
31 March 2020  
(20-2571) Page: 1/5 
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 MODIF YING AD/CVD SERVICE  
REQUIREMENTS DUE TO COVID -19 
Supplement  
The following communication, dated 27 March  2020, 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 Agreement on Implementation of Article VI of the Gene ral Agreement on Tariffs and Trade 
1994, the United States hereby notifies:  
TEMPORARY RULE MODIF YING AD/CVD SERVICE REQUIREMENTS DUE TO COVID -19 
The United States is notifying that the U.S. 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 goal is to promote  public health and slow the spread of COVID -19.  
The temporary modification is effective March 24, 2020 through 17:00 hours EST, May 19, 2020.  
[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  Complian ce 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 G/ADP/N/1/USA/1/Suppl.26 • G/SCM/N/1/USA/1/Suppl.25  
 
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  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 require ments 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 ma de 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 submitt ed 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 d ocument 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 C FR 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 b y 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 docume nts 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 e lectronically 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 representat ive may  serve the submission on that party via electronic G/ADP/N/1/USA/1/Suppl.26 • G/SCM/N/1/USA/1/Suppl.25  
 
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  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. Th ese 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 
rulema king 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 pro ceedings 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 parti es 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 temporar y 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)).  G/ADP/N/1/USA/1/Suppl.26 • G/SCM/N/1/USA/1/Suppl.25  
 
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  Regulatory Flexibility Act  
The analytical requirements of the Regulatory F lexibility 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  
1  THE AUTHORITY CITATI ON FOR 19 CFR PART 3 51 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.  
2  AMEND SEC.  351.303 BY ADDING PA RAGRAPH (F)(4) TO RE AD 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 wit h 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.  G/ADP/N/1/USA/1/Suppl.26 • G/SCM/N/1/USA/1/Suppl.25  
 
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  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 intere sted 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 o ther 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. 
 
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