[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: 19CFR356.16]

[Page 315-316]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH 
AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
 Subpart D--Violation of a Protective Order or a Disclosure Undertaking
 
Sec. 356.16  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 protective order or a 
disclosure undertaking 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 an administrative law judge 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

[[Page 316]]

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 amendment of the charging letter. The Deputy 
Under Secretary may amend, supplement, or withdraw the charging letter 
at any time with the approval of an administrative law judge if the 
interests of justice would thereby be served. If a hearing has not been 
requested, the Deputy Under Secretary will ask the Under Secretary to 
appoint an administrative law judge to make this determination. If a 
charging letter is withdrawn after a request for a hearing, the 
administrative law judge will determine whether the withdrawal will bar 
the Deputy Under Secretary from seeking sanctions at a later date for 
the same alleged violation. If there has been no request for a hearing, 
or if supporting information has not been submitted under Sec. 356.28, 
the withdrawal will not bar future actions on the same alleged 
violation. The Deputy Under Secretary and a charged or affected party 
may settle a charge brought under this subpart by mutual agreement at 
any time after service of the charging letter; approval of the 
administrative law judge or the APO Sanctions Board is not necessary.
    (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)(1) (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, in the 
opinion of the Deputy Under Secretary, satisfies due process 
requirements under United States law with respect to notice in 
administrative proceedings.