19 CFR 354.6 - Initiation of proceedings.

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There is 1 rule appearing in the Federal Register for 19 CFR 354. View below or at eCFR (GPOAccess)
§ 354.6 Initiation of proceedings.
(a) In general. After an investigation and report by the director under § 354.5(c) and consultation with the Chief Counsel, the Deputy Under Secretary for International Trade will determine whether there is reasonable cause to believe that a person has violated an administrative protective order. If the Deputy Under Secretary for International Trade determines that there is reasonable cause, the Deputy Under Secretary for International Trade also will determine whether sanctions under paragraph (b) or a warning under paragraph (c) is appropriate for the violation.
(b) Sanctions. In determining under paragraph (a) of this section whether sanctions are appropriate, and, if so, what sanctions to impose, the Deputy Under Secretary for International Trade will consider the nature of the violation, the resulting harm, and other relevant circumstances of the case. If the Deputy Under Secretary for International Trade determines that sanctions are appropriate, the Deputy Under Secretary for International Trade will initiate a proceeding under this part by issuing a charging letter under § 354.7. The Deputy Under Secretary for International Trade will determine whether to initiate a proceeding no later than 60 days after receiving a report of the investigation.
(c) Warning. If the Deputy Under Secretary for International Trade determines under paragraph (a) of this section that a warning is appropriate, the Deputy Under Secretary will issue a warning letter to the person believed to have violated an administrative protective order. Sanctions are not appropriate and a warning is appropriate if:
(1) The person took due care;
(2) The Secretary has not previously charged the person with violating an administrative protective order;
(3) The violation did not result in any disclosure of the business proprietary information or the Secretary is otherwise able to determine that the violation caused no harm to the submitter of the information; and
(4) The person cooperated fully in the investigation.
[63 FR 24404, May 4, 1998]

Title 19 published on 2013-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-10-22; vol. 78 # 204 - Tuesday, October 22, 2013
    1. 78 FR 62417 - Import Administration; Change of Agency Name
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, International Trade Administration
      Final rule; nomenclature change.
      This rule is effective October 21, 2013.
      19 CFR Parts 351, 354, and 356

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United States Code
U.S. Code: Title 19 - CUSTOMS DUTIES

Title 19 published on 2013-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 354 after this date.

  • 2013-10-22; vol. 78 # 204 - Tuesday, October 22, 2013
    1. 78 FR 62417 - Import Administration; Change of Agency Name
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, International Trade Administration
      Final rule; nomenclature change.
      This rule is effective October 21, 2013.
      19 CFR Parts 351, 354, and 356