[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: 19CFR354.8]

[Page 297-298]
 
                        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.  354.8  Interim sanctions.

    (a) If the Deputy Under Secretary concludes, after issuing a 
charging letter under Sec.  354.7 and before a final decision is 
rendered, that interim sanctions are necessary to protect the interests 
of the Department or others, including the protection of business 
proprietary information, the Deputy Under Secretary may petition a 
presiding official to impose such sanctions.
    (b) The presiding official may impose interim sanctions against a 
person upon determining that:
    (1) There is probable cause to believe that there was a violation of 
a administrative protective order and the Department is likely to 
prevail in obtaining sanctions under this part,
    (2) The Department or others are likely to suffer irreparable harm 
if the interim sanctions are not imposed, and
    (3) The interim sanctions are a reasonable means for protecting the 
rights of the Department or others while preserving to the greatest 
extent possible the rights of the person against whom the interim 
sanctions are proposed.
    (c) Interim sanctions which may be imposed include any sanctions 
that are necessary to protect the rights of the Department or others, 
including, but not limited to:
    (1) Denying a person further access to business proprietary 
information.
    (2) Barring a person from representing another person before the 
International Trade Administration.

[[Page 298]]

    (3) Barring a person from appearing before the International Trade 
Administration, and
    (4) Requiring the person to return material previously provided by 
the Department and all other materials containing the business 
proprietary information, such as briefs, notes, or charts based on any 
such information received under an administrative protective order.
    (d) The Deputy Under Secretary will notify the person against whom 
interim sanctions are sought of the request for interim sanctions and 
provide to that person the material submitted to the presiding official 
to support the request. The notice will include a reference to the 
procedures of this section.
    (e) A person against whom interim sanctions are proposed has a right 
to oppose the request through submission of material to the presiding 
official. The presiding official has discretion to permit oral 
presentations and to allow further submissions.
    (f) The presiding official will notify the parties of the decision 
on interim sanctions and the basis therefor within five days of the 
conclusion of oral presentations or the date of final written 
submissions.
    (g) If interim sanctions have been imposed, the investigation and 
any proceedings under this part will be conducted on an expedited basis.
    (h) An order imposing interim sanctions may be revoked at any time 
by the presiding official and expires automatically upon the issuance of 
a final order.
    (i) The presiding official may reconsider imposition of interim 
sanctions on the basis of new and material evidence or other good cause 
shown. The Deputy Under Secretary or a person against whom interim 
sanctions have been imposed may appeal a decision on interim sanctions 
to the APO Sanctions Board, if such an appeal is certified by the 
presiding official as necessary to prevent undue harm to the Department, 
a person against whom interim sanctions have been imposed or others, or 
is otherwise in the interests of justice. Interim sanctions which have 
been imposed remain in effect while an appeal is pending, unless the 
presiding official determines otherwise.
    (j) The Deputy Under Secretary may request a presiding official to 
impose emergency interim sanctions to preserve the status quo. Emergency 
interim sanctions may last no longer than 48 hours, excluding weekends 
and holidays. The person against whom such emergency interim sanctions 
are proposed need not be given prior notice or an opportunity to oppose 
the request for sanctions. The presiding official may impose emergency 
interim sanctions upon determining that the Department is, or others 
are, likely to suffer irreparable harm if such sanctions are not imposed 
and that the interests of justice would thereby be served. The presiding 
official will promptly notify a person against whom emergency sanctions 
have been imposed of the sanctions and their duration.
    (k) If a hearing has not been requested, the Deputy Under Secretary 
will ask the Under Secretary to appoint a presiding official for making 
determinations under this section.