Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period, 29615 [2020-10238]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Page 29615]
From the Federal 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.

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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 date 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 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. 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/CVD 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 EST, 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 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: 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