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The general rule on service is that all documents filed with the Commission must be served on all other parties to the investigation.12 However, a complaint should not be served on any other entity unless the complaint is accompanied by a motion for temporary relief. If the Commission determines to institute an investigation, the Commission itself serves the complaint and notice of investigation on the entities that it names as respondents to the investigation, as well as the embassy of each foreign proposed respondent. In the case of a complaint accompanied by a motion for temporary relief, the Commission not only serves the complaint and motion on the respondents when it institutes the investigation, but it also requires the entity filing the complaint and motion to serve an advance copy of these items by messenger, courier, express mail, or other equivalent means on the entities that are proposed as respondents in the complaint, and on the embassy in Washington, D.C. of the country in which the foreign respondents are located.13
With regard to service of documents other than complaints, the practitioner is advised to consult the Ground Rules in effect in a particular investigation. The Ground Rules usually require that the parties serve on the presiding Administrative Law Judge two copies of each document filed at the Commission. The Ground Rules also typically specify the mode of service between the parties (e.g., overnight courier) and typically include instructions not to serve the Administrative Law Judge by facsimile in the absence of prior permission to do so.
12 The Commission Rules require that each party designate a single attorney or representative
for service of process for the service list maintained by the Office of the Secretary in each
investigation. 19 C.F.R. § 210.7(b).
13 The general Rules on service are located at 19 C.F.R. §§ 210.7 and 201.16. The Rules
concerning service of a complaint that is accompanied by a motion for temporary relief are
located at 19 C.F.R. §§ 210.54 and 210.55; see also 19 C.F.R. § 210.56 regarding the notice that
must accompany service copies of a complaint and motion for temporary relief.