[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR201.16]

[Page 26-27]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 201--RULES OF GENERAL APPLICATION--Table of Contents
 
           Subpart B--Initiation and Conduct of Investigations
 
Sec.  201.16  Service of process and other documents.

    (a) By the Commission. Except when service by another method shall 
be specifically ordered by the Commission, the service of a process or 
other document of the Commission shall be served by anyone duly 
authorized by the Commission and be effected--
    (1) By mailing or delivering a copy of the document to the person to 
be served, to a member of the partnership to be served, to the 
president, secretary, other executive officer, or member of the board of 
directors of the corporation, association, or other organization to be 
served, or, if an attorney represents any of the above before the 
Commission, by mailing or delivering a copy to such attorney; or
    (2) By leaving a copy thereof at the principal office of such 
person, partnership, corporation, association, or other organization, 
or, if an attorney represents any of the above before the Commission, by 
leaving a copy at the office of such attorney.
    (b) By a party other than the Commission. Except when service by 
another method shall be specifically ordered by the Commission, the 
service of a document of a party shall be effected:
    (1) By mailing or delivering copies of the document to the Secretary 
to the Commission (the number of copies being as provided for in Sec.  
201.8(d) of this part) and a nonconfidential version thereof to each 
other party, or, if the party is represented by an attorney before the 
Commission, by mailing or delivering a nonconfidential version thereof 
to such attorney; or
    (2) By leaving copies thereof at the office of the Secretary of the 
Commission (the number of copies being as provided for in Sec.  201.8(d) 
of this part) and at the principal office of each other party, or, if a 
party is represented by an attorney before the Commission, by leaving 
copies at the office of such attorney.
    (3) When service is by mail, it is complete upon mailing of the 
document.
    (4) When service is by mail, it shall be by first class mail, 
postage prepaid. In the event the addressee is outside the United 
States, service shall be by first class airmail, postage prepaid.
    (c) Proof of service; certificate. (1) Each document filed with the 
Secretary to the Commission by a party in the course of an investigation 
(as provided in Sec.  201.8 of this part) shall be served on each other 
party to the investigation.
    (2) Each document served by a party shall include a certificate of 
service,

[[Page 27]]

setting forth the manner and date of such service. The certificate of 
service shall be deemed proof of service of the document. In the event a 
document is not accompanied by a certificate of service, the Secretary 
shall not accept such document for filing and shall promptly notify the 
submitter.
    (d) Additional time after service by mail. Whenever a party or 
Federal agency or department has the right or is required to perform 
some act or take some action within a prescribed period after the 
service of a document upon it and the document is served upon it by 
mail, three (3) calendar days shall be added to the prescribed period, 
except that when mailing is to a person located in a foreign country, 
ten (10) calendar days shall be added to the prescribed period.
    (e) Electronic Service. With the prior consent of the Secretary, 
parties may serve documents by electronic means in all matters before 
the Commission, except for proceedings conducted under section 337 of 
the Tariff Act of 1930 that are before an administrative law judge. In 
the case of proceedings under section 337 of the Tariff Act of 1930, 
parties may serve documents by electronic means with the prior consent 
of the presiding administrative law judge while the proceeding is before 
an administrative law judge. Parties may only effect electronic service 
on recipients who have provided written consent thereto to the Secretary 
or the presiding administrative law judge. If electronic service is 
permitted, paragraphs (a), (b) and (d) of this section shall not apply. 
However, any dispute that arises among parties regarding electronic 
service must be resolved by the parties themselves, without the 
Commission's involvement.
    A party may, upon notice to all parties, withdraw its consent to 
electronic service and require service under paragraphs (a) and (b) of 
this section.

(19 U.S.C. 1335 and the Administrative Procedure Act, 5 U.S.C. 551, et 
seq.)

[41 FR 17711, Apr. 27, 1976, as amended at 47 FR 6190, Feb. 10, 1982; 47 
FR 33682, Aug. 4, 1982; 49 FR 32571, Aug. 15, 1984; 67 FR 68037, Nov. 8, 
2002]