  
  
G/ADP/N/1/USA/1/Suppl.29  
G/SCM/N/1/USA/1/Suppl.28  
16 July 2020 
(20-4847) 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 14 July 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 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 July 17, 2020, unless extended.  
[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]  
[Rules and Regulations]  
[Page 29615]  
From the Federa l Register Online via the Government Publishing Office [www.gpo.gov ] 
[FR Doc No: 2020 -10238]  
 
 
[[Page 29615]]  
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DEPARTMENT OF COMMERCE  
International Trade Administration  
19 CFR Part 351  
[Docket Number: 200507 -0129]  
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.  
-----------------------------------------------------------------------  G/ADP/N/1/USA/1/Suppl.29 • G/SCM/N/1/USA/1/Suppl.28  
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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 notice,  Commerce extends the duration 
of these temporary modifications.  Accordingly, the temporary modifications will be effective through 
July 17, 2020, unless extended.  
DATES : The expiration d ate of the temporary final rule published on  March 26, 2020 (85 FR 17006), 
is extended through 17:00 hours EST, July  17, 2020.  
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 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). The temporary  modifications were implemented to facilitate the effectuation 
of service through electronic mean s, 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 han d 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. The 
aforementioned circumstances  are still present. Therefore, with the continued goal of promoting  
public health and slowing the spread of COVID -19 while at the same time  permitting the continued 
administration of AD/CV D proceedings, E&C is  extending the date through which the modified service 
requirements in  the Temporary Final Rule will be in effect.  
EXTENSION  
 The modified service requirements announced in the Temporary Final  Rule will remain in effect 
through 17:00 E ST, July 17, 2020, unless  extended.  
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 caus e 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.  G/ADP/N/1/USA/1/Suppl.29 • G/SCM/N/1/USA/1/Suppl.28  
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  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 Reducti on 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: May 7, 2020.  
Jeffrey I. Kessler,  
Assistant Secretary for Enforcement and Compliance.  
[FR Doc. 2020 -10238 Filed 5 -15-20; 8:45 am]  
BILLING CODE 3510 -DS-P 
 
 
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