[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: 19CFR354.7]

[Page 296-297]
 
                        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. 354.7  Charging letter.

    (a) Contents of Letter. The Deputy Under Secretary will initiate 
proceedings by issuing a charging letter to each charged party and 
affected party which includes:
    (1) A statement of the allegation that a administrative protective 
order has been violated and the basis thereof;
    (2) A statement of the proposed sanctions;
    (3) A statement that the charged or affected party is entitled to 
review the documents or other physical evidence upon which the charge is 
based and the method for requesting access to, or copies of, such 
documents;
    (4) A statement that the charged or affected party is entitled to a 
hearing before a presiding official if requested within 30 days of the 
date of service of the charging letter and the procedure for requesting 
a hearing, including the name, address, and telephone number of the 
person to contact if there are further questions;
    (5) A statement that the charged or affected party has a right, if a 
hearing is not requested, to submit documentary evidence to the Deputy 
Under Secretary and an explanation of the method for submitting evidence 
and the date by which it must be received; and
    (6) A statement that the charged or affected party has a right to 
retain counsel at the party's own expense for purposes of 
representation.
    (b) Settlement and amending the charging letter. The Deputy Under 
Secretary for International Trade and a charged or affected party may 
settle a

[[Page 297]]

charge brought under this part by mutual agreement at any time after 
service of the charging letter; approval of the presiding official or 
the administrative protective order Sanctions Board is not necessary. 
The charged or affected party may request a hearing but at the same time 
request that a presiding official not be appointed pending settlement 
discussions. Settlement agreements may include sanctions for purposes of 
Sec. 354.18. The Deputy Under Secretary for International Trade may 
amend, supplement, or withdraw the charging letter as follows:
    (1) If there has been no request for a hearing, or if supporting 
information has not been submitted under Sec. 354.13, the withdrawal 
will not preclude future actions on the same alleged violation.
    (2) If a hearing has been requested but no presiding official has 
been appointed, withdrawal of the charging letter will preclude the 
Deputy Under Secretary for International Trade from seeking sanctions at 
a later date for the same alleged violation.
    (3) The Deputy Under Secretary for International Trade may amend, 
supplement or withdraw the charging letter at any time after the 
appointment of a presiding official, if the presiding official 
determines that the interests of justice would thereby be served. If the 
presiding official so determines, the presiding official will also 
determine whether the withdrawal will preclude the Deputy Under 
Secretary for International Trade from seeking sanctions at a later date 
for the same alleged violation.
    (c) Service of charging letter on a resident of the United States. 
(1) Service of a charging letter on a United States resident will be 
made by:
    (i) Mailing a copy by registered or certified mail addressed to the 
charged or affected party at the party's last known address;
    (ii) Leaving a copy with the charged or affected party or with an 
officer, a managing or general agent, or any other agent authorized by 
appointment or by law to receive service for the party; or
    (iii) Leaving a copy with a person of suitable age and discretion 
who resides at the party's last known dwelling.
    (2) Service made in the manner described in paragraph (c) (ii) or 
(iii) of this section shall be evidenced by a certificate of service 
signed by the person making such service, stating the method of service 
and the identity of the person with whom the charging letter was left.
    (d) Service of charging letter on a non-resident. If applicable laws 
or intergovernmental agreements or understandings make the methods of 
service set forth in paragraph (c) of this section inappropriate or 
ineffective, service of the charging letter on a person who is not a 
resident of the United States may be made by any method that is 
permitted by the country in which the person resides and that satisfies 
the due process requirements under United States law with respect to 
notice in administrative proceedings.

[53 FR 47920, Nov. 28, 1988, as amended at 63 FR 24405, May 4, 1998]