[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: 19CFR354.14]

[Page 300-301]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 354--PROCEDURES FOR IMPOSING SANCTIONS FOR VIOLATION OF AN ANTIDUMPING OR COUNTERVAILING DUTY ADMINISTRATIVE PROTECTIVE ORDER--Table of Contents
 
Sec.  354.14  Initial decision.

    (a) Initial decision. The presiding official, if a hearing was 
requested, or the Deputy Under Secretary will submit an initial decision 
to the APO Sanctions Board, providing copies to the parties. The 
presiding official or Deputy Under Secretary will ordinarily issue the 
decision within 20 days of the conclusion of the hearing, if one was 
held, or within 15 days of the date of service of final written 
submissions. The initial decision will be based solely on evidence 
received into the record, and the pleadings of the parties.
    (b) Findings and conclusions. The initial decision will state 
findings and conclusions as to whether a person has violated a 
administrative protective order; the basis for those findings and 
conclusions; and whether the sanctions proposed in the charging letter, 
or lesser included sanctions, should be imposed against the charged or 
affected party. The presiding official or Deputy Under Secretary may 
impose sanctions only upon determining that the preponderance of the 
evidence supports a finding of violation of a administrative protective 
order and that the sanctions

[[Page 301]]

are warranted against the charged or affected party. In determining 
whether sanctions are appropriate and, if so, what sanctions to impose, 
the presiding official or the Deputy Under Secretary will consider the 
nature of the violation, the resulting harm, and other relevant 
circumstances of the case.
    (c) Finality of decision. If the APO Sanctions Board has not issued 
a decision on the matter within 60 days after issuance of the initial 
decision, the initial decision becomes the final decision of the 
Department.