Other Fields
Agency Scheme: 
USDCDUMP0006
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Administrative Protective Order Sanctions Board
Appeal Office (global name): 
Department of Commerce: Administrative Protective Order Sanctions Board
Sub-Agency/Bureau/Division:: 
International Trade Administration
Appeal Officer #1 (Title): 
Board Member
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
This scheme allows for hearings for review of sanctions issued when a party violates an Administrative Protective Order issued in an Anti-Dumping Proceeding. A party may request a hearing before a presiding official, who could be an administrative law judge, a hearing commissioner, or other person who is not under the supervision or control of the Assistant Secretary for Import Administration, the Deputy Secretary for International Trade, the Chief Counsel for Import Administration, or a member of the APO Sanctions Board. See 19 CFR 354.2. If a party is dissatisfied with a decision, he or she may appeal to the APO Sanctions Board, which consists of the Under Secretary for International Trade (who also serves as the chair), the Under Secretary for Economic Affairs, and the General Counsel. See 19 CFR 354.15(a).
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Private Party
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
19 CFR 354.15
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected for appeals heard by this office?: 
By Agency
How many appeal officers preside at each hearing?: 
Three
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
Yes (All Types of Cases)
Can third-parties submit amicus briefs and/or evidence?: 
No
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
Within 60 days, but not sooner than 30 days of the decision of the initial decision by the Hearing Officer. See 19 CFR 354.15(b).
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
"The parties have no right to an oral presentation, although the Board may allow oral argument in its discretion." 19 CFR 354.15(b). A party may file for reconsideration with the Board. See 19 CFR 354.16 Final decisions are published in the Federal Register. See 19 CFR 354.18
ADJUDICATORS
Total # of Appeal Officers: 
3
Comments/Notes on Appellate Adjudicators (Optional): 
The APO Sanctions Board consists of the Under Secretary for International Trade, the Undersecretary for Economic Affairs and the General Counsel. All three are political appointees.
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
Verified by Agency: 
Verified