70 FR 24533, May 10, 2005

DEPARTMENT OF COMMERCE

International Trade Administration

Notice of Clarification: Application of "Next Business Day" Rule for 
Administrative Determination Deadlines Pursuant to the Tariff Act of 
1930, As Amended

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: May 10, 2005.

FOR FURTHER INFORMATION CONTACT: Katja Kravetsky at (202) 482-0108, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Ave, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Tariff Act of 1930, as amended (the Act), requires that the 
Department of Commerce (the Department) make preliminary and final 
determinations during an administrative proceeding within specified 
time limits. See, e.g., section 751(a) of the Act, 19 U.S.C. Sec.  
1675(a). The Act does not address the treatment of deadlines falling on 
a weekend, federal holiday, or day on which the Department is otherwise 
closed, e.g., due to a weather emergency.
    With respect to certain deadlines involving filings made with the 
Department, the agency's regulations clarify that where "the 
applicable time limit expires on a non-business day, the Secretary will 
accept documents that are filed on the next business day." See 19 CFR 
351.303(b); see, also, Dofasco, Inc. v. United States, 390 F.3d 1370, 
1372 (Fed. Cir. 2004). With respect to deadlines for reaching 
administrative determinations, the Department's longstanding practice 
has been to apply a similar "next business day" rule, which 
recognizes the administrative reality that there are no employees 
present to make administrative determinations that fall due when the 
Department is closed. While this practice has never been challenged, 
the Department has concluded that it is appropriate to publicize this 
practice to interested parties.

Clarification of Statutory Deadlines

    The Department hereby clarifies that where a statutory deadline 
falls on a weekend, federal holiday, or any other day when the 
Department is closed, the Department will continue its longstanding 
practice of reaching our determination on the next business day. We 
find that this clarification is consistent with federal practice. See 
Fed. R. Civ. P. 6(a); Fed R. App. P. 26(a); see, also, Dofasco Inc., 
390 F.3d at 1372.

    Dated: April 29, 2005.
Joseph A. Spetrini,
Acting Assistant Sectretary for Import Administration.
[FR Doc. E5-2234 Filed 5-9-05; 8:45 am]