[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR354.6]

[Page 296]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 354--PROCEDURES FOR IMPOSING SANCTIONS FOR VIOLATION OF AN ANTIDUMPING 
OR COUNTERVAILING DUTY ADMINISTRATIVE PROTECTIVE ORDER--Table of Contents
 
Sec. 354.6  Initiation of proceedings.

    (a) In general. After an investigation and report by the director 
under Sec. 354.5(c) and consultation with the Chief Counsel, the Deputy 
Under Secretary for International Trade will determine whether there is 
reasonable cause to believe that a person has violated an administrative 
protective order. If the Deputy Under Secretary for International Trade 
determines that there is reasonable cause, the Deputy Under Secretary 
for International Trade also will determine whether sanctions under 
paragraph (b) or a warning under paragraph (c) is appropriate for the 
violation.
    (b) Sanctions. In determining under paragraph (a) of this section 
whether sanctions are appropriate, and, if so, what sanctions to impose, 
the Deputy Under Secretary for International Trade will consider the 
nature of the violation, the resulting harm, and other relevant 
circumstances of the case. If the Deputy Under Secretary for 
International Trade determines that sanctions are appropriate, the 
Deputy Under Secretary for International Trade will initiate a 
proceeding under this part by issuing a charging letter under 
Sec. 354.7. The Deputy Under Secretary for International Trade will 
determine whether to initiate a proceeding no later than 60 days after 
receiving a report of the investigation.
    (c) Warning. If the Deputy Under Secretary for International Trade 
determines under paragraph (a) of this section that a warning is 
appropriate, the Deputy Under Secretary will issue a warning letter to 
the person believed to have violated an administrative protective order. 
Sanctions are not appropriate and a warning is appropriate if:
    (1) The person took due care;
    (2) The Secretary has not previously charged the person with 
violating an administrative protective order;
    (3) The violation did not result in any disclosure of the business 
proprietary information or the Secretary is otherwise able to determine 
that the violation caused no harm to the submitter of the information; 
and
    (4) The person cooperated fully in the investigation.

[63 FR 24404, May 4, 1998]