[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Proposed Rules]
[Pages 44163-44172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18389]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 100614263-0263-01]
RIN 06-25-AA84
Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Proposed Rule; Request for Comments.
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SUMMARY: The Department of Commerce (``the Department'') proposes to
amend its regulations governing the submission of information to the
Department in antidumping duty (``AD'') and countervailing duty
(``CVD'') proceedings to adopt rules of practice and procedure that
will incorporate changes resulting from the Department's implementation
of an electronic filing and documents management program. More detailed
procedures for electronic filing will be set forth in a document
separate from the regulations that will be entitled ``IA ACCESS
Handbook On Electronic Filing Procedures'' (``IA ACCESS Handbook''),
which the Department intends to publish on its Web site at http://www.trade.gov/ia by the effective date of the Final Rule.
DATES: To be assured of consideration, written comments must be
received no later than September 27, 2010.
ADDRESSES: Written comments should be submitted by using the Federal
eRulemaking Portal at http://www.Regulations.gov. All comments must be
submitted into Docket Number ITA-2010-0003. All comments should refer
to RIN 0625-AA84. If a submitter is unable to submit comments online,
the Department will accept hardcopy comments by mail or hand delivery/
courier. Please submit the original and two copies of hardcopy comments
to the Secretary of Commerce, Attn: Import Administration, APO/Dockets
Unit, Room 1870, U.S. Department of Commerce, Constitution Avenue and
14th Street NW., Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Evangeline Keenan at (202) 482-3354,
[[Page 44164]]
Mykhaylo Gryzlov at (202) 482-0833 or Brian Soiset at (202) 482-1284.
SUPPLEMENTARY INFORMATION:
Background
The Department proposes to amend its regulations governing the
submission of information to the Department in antidumping and
countervailing duty proceedings to adopt rules of practice and
procedure that will incorporate changes resulting from the Department's
implementation of an electronic filing and documents management program
named Import Administration Antidumping and Countervailing Duty
Centralized Electronic Service System, or IA ACCESS. The goal of this
system is to expand the public's access to information in antidumping
and countervailing duty proceedings by making all publicly filed
documents available on the Internet. It will also allow interested
parties to file all submissions (both public and business proprietary)
with the Department using an internet connection. The Department
envisions that such a system will create efficiencies in both the
process and costs associated with filing and maintaining the documents.
The ease of document submission will increase accessibility of
submission to the Department by interested parties located within and
outside the Washington, DC area. The Department is currently conducting
a pilot program to test IA ACCESS. See Import Administration IA ACCESS
Pilot Program, Public Notice and Request For Comments, 75 FR 32341
(June 8, 2010); Import Administration IA ACCESS Pilot Program, Public
Notice and Request For Comments; Correction, 75 FR 34960 (June 21,
2010).
Explanation of Particular Provisions
Sections 351.103(a), 351.103(b), 351.103(c), and 351.103(d). Electronic
and Manual Filing of Documents and Service Lists
Sections 351.103(a) and 351.103(b) describe the functions of Import
Administration's Central Records Unit (CRU) and Administrative
Protective Order and Dockets Unit (APO/Dockets Unit), as well as their
location and office hours. The current regulations state that one
function of the CRU is to maintain the Subsidies Library. However, CRU
no longer maintains the Subsidies Library, which is now maintained by
Import Administration's Subsidies Enforcement Office. Therefore, the
Department proposes deleting the language referring to this function.
The Department also proposes amending these sections to specify that
the office hours pertain to Eastern Time and to clarify that the
Department's official address is 14th Street and Constitution Avenue,
NW, not Pennsylvania Avenue and 14th Street, NW. Additionally, the
Department proposes deleting an extraneous period in ``NW'' in the
addresses of the CRU and the APO/Dockets Unit.
Section 351.103(c) currently provides that while a party is free to
provide the Department with a courtesy copy of a document, a document
is not considered to be officially received by the Department unless it
is submitted to the Import Administration's APO/Dockets Unit in Room
1870 and stamped with the date and, where necessary, the time of the
receipt. To implement electronic filing procedures, the Department
proposes amending the regulations so that the Department will consider
a document to be officially received by the Department only when it is
filed electronically in accordance with section 351.303(b)(2) unless a
relevant exception applies.
The Department also proposes deleting the language stating that a
party is free to provide the Department with a courtesy copy of a
document. It has been the Department's experience that Import
Administration staff will often accept electronic and/or hardcopy
courtesy copies of documents from the submitter rather than wait for
the official copy to be delivered via intra-Department mail to expedite
review of the document. Because the Department will now require that
documents be filed electronically, Import Administration staff will
have faster access to filed submissions, thus reducing the need for
courtesy copies.
The Department intends to require all documents to be filed
electronically unless the submission meets the exception criteria in
the IA ACCESS Handbook. For example, such exceptions include instances
where a submitter does not have internet access or the submission
itself cannot be submitted in an electronic format. In accordance with
section 782(c) of the Tariff Act of 1930, as amended, (``the Act''), if
a submitter experiences difficulty in filing a document electronically
under circumstances for which an exception applies, the Department will
consider the ability of the submitter and may modify the electronic
filing requirement on a case-by-case basis.
Section 351.103(d)(1) currently requires each interested party to
file a letter of appearance separately from any other document filed
with the Department, with the exception of a petitioner filing a
petition in an investigation. The Department proposes amending the
regulations to specify that it is this letter of appearance that
triggers the interested party's inclusion in the public service list
for the segment of the proceeding. The amendment also includes a
reference to the definition of ``interested party'' under section
351.102(b)(29). The Department is proposing this amendment to improve
and clarify the explanation of how an interested party is placed on the
public service list.
Sections 351.104(a), 351.104(b), 351.302(a), 351.302(c), and
351.302(d). Return of Material, Record of Proceedings, Extension of
Time Limits, and Return of Untimely Filed or Unsolicited Material
Section 351.104(a) currently specifies which documents comprise the
official record of an AD and CVD proceeding. The regulations state that
the Secretary will not use factual information, written argument, or
other material that the Secretary returns to the submitter. They also
specify the circumstances under which the official record will include
a copy of a returned document. Sections 351.302(a) and 351.302(d) set
forth the procedures for requesting an extension of time limits and
procedures for returning untimely filed submissions. Because the
Department will be using an electronic filing system, rather than
physically returning inadmissible electronic submissions, the
Department will reject such submissions and send written notice of the
rejection to the submitter. Thus, the Department proposes amending the
regulations to replace the term ``return'' with ``reject'' in sections
351.104(a), 351.302(a), and 351.302(d).
Section 351.104(b) currently provides that the Secretary will
maintain in the CRU a public record of each proceeding. The Department
proposes amending the regulations to indicate that the public record
will also be accessible online at http://www.trade.gov/ia.
Section 351.302(c) currently states that a request for an extension
of a specific time limit must be filed in writing. The Department's
experience with extension requests is that there are instances when an
extension is requested by phone or by email, or the extension request
is in the form of a letter, but not filed properly. The Department
proposes amending the regulations to refer to section 351.303 to
specify that an extension request must be in writing and filed properly
with the Department through the new electronic filing system for
consideration of an extension request.
[[Page 44165]]
Sections 351.303(a), 351.303(b), 351.303(c), 351.303(d), and
351.303(g). Filing, Document Identification, Format, Specifications and
Markings, Service and Certifications
The Department proposes amending section 351.303 to require
electronic filing of all documents unless a relevant exception applies.
The Department also proposes to clarify the identification of
documents, and to correct minor typographical errors in this section.
The Department proposes amending section 351.303(b) to add
subparagraphs (1) through (4). Section 351.303(b) currently requires
all documents to be addressed and submitted to the APO/Dockets Unit,
Room 1870 between the hours of 8:30 a.m. and 5 p.m. on business days.
The Department proposes amending this section by designating it as
subparagraph (1) and specifying that manually filed submissions must be
submitted between the hours of 8:30 a.m. and 5 p.m. Eastern Time on
business days, but that electronically filed submissions must be filed
by 5 p.m. Eastern Time on the due date. The reason for the distinction
is that manually filed submissions may only be filed during business
hours, but electronically filed submissions may be filed at any time,
provided that they are filed in their entirety by 5 p.m. Eastern Time
on the due date. The Department intends to include the term ``Eastern
Time'' to clarify the time a submission is due when the submitter may
be filing the submission from a different time zone. We also propose
omitting the period after ``NW'' in the Department's address, which was
a typographical error.
The Department proposes adding section 351.303(b)(2), which
specifies that, notwithstanding sections 351.103, 351.302, 351.303,
351.304, 351.305, and 351.306 of the Department's procedures and rules,
all documents must be filed electronically unless a relevant exception
applies. Exceptions to the electronic filing requirements will be set
forth in the IA ACCESS Handbook, which will be available at http://www.trade.gov/ia. The Department anticipates that the list of relevant
exceptions may evolve over time, as the Department and the interested
parties who use the electronic system gain experience with the
electronic filing process and identify new exceptions that may be
needed to accommodate previously unforeseen limitations both on the
part of the Department and the users of the electronic filing system.
Furthermore, allowing exceptions to the electronic filing
requirement meets the requirement in section 782(c) of the Act, which
requires that a submitter notify the Department promptly of any
difficulties encountered in submitting requested information in the
form and manner requested, and that the submitter must suggest an
alternative form in which to submit the requested information. The
Department will consider the ability of the submitter, and may modify
the electronic filing requirements on a case-by-case basis. The
Department anticipates that the alternative suggestion that will be
provided by the party would be to file the submission manually.
Therefore, in the proposed regulations, the Department has not
mentioned the requirement in section 782(c) of the Act that a person
suggest an alternative form in which to submit the requested
information. This omission does not in any way change a submitter's
obligation to comply with section 782(c) of the Act. Section
351.303(b)(2) would also specify that a person making an electronic
filing must comply with the procedures set forth in the IA ACCESS
Handbook. These procedures may be subject to change at a future time.
The Department intends to notify the public on Import Administration's
website whenever it makes updates to the IA ACCESS Handbook.
The Department proposes adding section 351.303(b)(3) to specify
that all submissions must be accompanied by a cover sheet as will be
described in the IA ACCESS Handbook. The purpose of the cover sheet is
to provide the Department with information indicating, among other
things, the party filing the submission, the segment of the proceeding,
and the type of submission being filed. The cover sheet will contain a
barcode that will be used to identify and track the submissions. For
electronic filings, the submitter will need to complete the cover sheet
online at the time of filing. For manual filings, the submitter will
need to complete the cover sheet, print it, and submit it as the cover
to the submission. The person submitting the cover sheet is responsible
for the accuracy of the information on the cover sheet.
The Department proposes adding section 351.303(b)(4) to identify
and distinguish among the five document classifications that may be
submitted to the Department. The reasons for this clarification are
twofold. First, in the Department's experience, there has been some
confusion among interested parties with regard to the identification
and labeling of documents, especially with regard to documents
containing double-bracketed information. Section 351.303(b)(4) is
intended to standardize the identification and labeling of all
documents. Second, a submitter will need to identify the document
properly when completing the cover sheet and filing the document. The
document identification will determine who will have access to the
document. Misidentification of a document may result in the
unauthorized disclosure of business proprietary information. We have
moved the definition of ``business proprietary version'' from section
351.303(c)(2)(i), to proposed section 351.303(b)(4). We propose
defining ``business proprietary document or version, as applicable''
rather than only ``business proprietary version'' to make the
terminology consistent with that in proposed sections 351.303(b)(4)(i),
(ii), and (iii).
The Department proposes adding sections 351.303(b)(4)(i), (ii), and
(iii) to identify and define the three types of business proprietary
submissions. The document described in section 351.303(b)(4)(i) is
called ``Business Proprietary Document--May Be Released Under APO.''
This business proprietary document contains only single-bracketed
business proprietary information for which a party agrees to release
under administrative protective order (``APO'').
The document classifications described in sections
351.303(b)(4)(ii) and (iii) are business proprietary documents that use
double-bracketing. The document described in section 351.303(b)(4)(ii)
is called ``Business Proprietary Document--May Not Be Released Under
APO.'' This document may contain both single and double-bracketed
business proprietary information, but the submitter does not agree to
the release of the double-bracketed information under APO. In this
document, the information inside the double brackets is included.
The third document classification described in section
351.303(b)(4)(iii) is called ``Business Proprietary/APO Version--May Be
Released Under APO.'' It will contain only single-bracketed business
proprietary information. The submitter must omit the double-bracketed
business proprietary information from this version because this version
will be released under APO. This is why the term ``APO Version'' is
included in the name of the document.
The Department proposes adding sections 351.303(b)(4)(iv) and (v),
which identify the two types of public submissions. The first is the
``Public Version,'' which corresponds to a business proprietary
document, except it omits all business proprietary information, whether
single or double-bracketed. This section also refers to the specific
filing requirements for filing the
[[Page 44166]]
public version which is found in section 351.304(c). The second is the
``Public Document,'' which contains only public information. There is
no corresponding business proprietary document for a public document.
Section 351.303(c) deals with filing and service requirements under
the one-day lag rule. In sections 351.303(c)(1), 351.303(c)(2)(ii), and
351.303(c)(2)(iii), the Department proposes deleting the requirement
that a person must file multiple copies of each submission with the
Department (i.e., six copies of public documents, or the combination
of: (A) six copies of the business proprietary version and (B) three
copies of the public version of a document). The original reason for
requiring multiple copies of a document was to make a copy available to
each person assigned to the Import Administration team administering
the proceeding. However, with implementation of electronic filing, the
Import Administration team will be able to access all submissions
electronically and print them from IA ACCESS. In section
351.303(c)(2)(i), the Department has deleted the sentence defining
``business proprietary version'' because it has been included in
proposed section 351.303(b)(4).
Section 351.303(c)(1) currently states that a person must file six
copies of each submission with the Department. Section 351.303(c)(2)(i)
currently states a that person must file one copy of the business
proprietary version of any document with the Department within the
applicable time limit. The Department proposes deleting the references
to copy and copies because the terms copy and copies imply paper
submissions. The Department also proposes clarifying that the one-day
lag rule does not apply to a petition, amendments to a petition, or any
other submission filed prior to the initiation of an investigation.
This amendment reflects our practice not to apply the one-day lag rule
during the 20-day pre-initiation period. The reason for this practice
is to ensure that a business proprietary document and public version
are filed simultaneously in their final form. Under the one-day lag
rule, the final business proprietary document and the public version
are not due until the next business day after a business proprietary
document is filed, often the next business day after an applicable
deadline. When the Department has only 20 days to initiate an
investigation, waiting one business day for the final version of a
document further shortens an already short deadline, especially when
petitioners may be required to file responses to requests for
additional information. In addition, because of our obligation to
provide a copy of the petition and all amendments to the petition to
embassies of exporting countries named in a petition under section
351.202(f), the Department does not allow submissions under the one-day
lag rule so that the embassies may obtain their copies as expeditiously
as possible.
Section 351.303(c)(2)(ii) currently states that, although a person
must file the final business proprietary version of a document with the
Department, the person may serve only those pages containing bracketing
corrections on other persons. The Department proposes amending this
section to replace ``business proprietary version of a document'' with
``business proprietary document'' to make the terminology consistent
with that in 351.303(b)(4)(i) and (ii). This amendment will not change
the requirement that a person must file a complete, final business
proprietary document on the first business day after the business
proprietary document is filed. The Department also proposes specifying
that the final business proprietary document must be identical in all
respects to the business proprietary document filed on the previous
day, except for any bracketing corrections and the omission of the
warning ``Bracketing of Business Proprietary Information Is Not Final
For One Business Day After Date of Filing,'' in accordance with section
351.303(d)(2)(v). The Department believes emphasizing that the two
documents must be identical with the exception of bracketing
corrections and the requisite warning pertaining to bracketing is
necessary because in our experience, there appears to be some confusion
about whether the dates or the content of the cover letters of the two
documents should remain unchanged. With this proposed amendment, the
Department hopes to clarify that except as discussed above, the two
documents must be identical. The Department also proposes amending this
section to require persons to serve the complete final business
proprietary document on other persons only if there are bracketing
corrections. The Department proposes making explicit that if there are
no bracketing corrections, a person need not serve a copy of the final
business proprietary document. The reason service is not required in
the absence of bracketing corrections is that in accordance with
section 351.303(f), a person will have already served the business
proprietary document filed on the due date. If there are no bracketing
corrections then there is no need to serve the business proprietary
document again.
Section 351.303(c)(2)(iv) currently states that if a person serves
authorized applicants with a business proprietary version of a document
that excludes information in double brackets pursuant to section
351.304(b)(2), the person must simultaneously file with the Department
one copy of those pages in which information in double brackets has
been excluded. The Department proposes amending this section by adding
a reference to section 351.303(b)(4)(iii) and correctly identifying the
document type as the ``Business Proprietary/APO Version.'' The
Department intends to require a person to file the complete Business
Proprietary/APO Version of the document, as opposed to only those pages
in which the double-bracketed information has been excluded, so that it
has the complete document for the official record. The original purpose
of requiring a copy of only the pages where the double bracketed
information has been omitted was to conserve the amount of paper filed
by the submitter. However, because the document will be filed
electronically, the submitter will be able to reduce the amount of
paper used while simultaneously ensuring that the Department receives
the same submission that is served on the authorized applicants.
In addition to the foregoing proposed amendments to sections
351.303(c)(1) and 351.303(c)(2)(i)-(iv), the Department proposes
replacing the term ``business proprietary version'' with ``business
proprietary document'' in these sections, as well as in the title of
section 351.303(c). These proposed amendments are intended to make the
terminology in these sections consistent with that in proposed sections
351.303(b)(4)(i), (ii), and (iii).
Section 351.303(c)(3) currently requires that if factual
information is submitted on computer media at the request of the
Secretary, it must be accompanied by the number of copies of any
computer printout specified by the Secretary. This section also
requires that information on computer media must be releasable under
APO, consistent with section 351.305. The Department proposes deleting
the statement that the Secretary may require submission of factual
information on computer media because it implies that the Secretary may
make such requests only occasionally. Over time, the Department has
requested with increasing frequency the submission of sales and cost
databases to accompany questionnaire responses. This practice has
become the norm rather than the exception. In order
[[Page 44167]]
to clarify how such electronic databases should be submitted in
conjunction with the electronic filing requirement, the Department
proposes amending this section to require that all sales files, cost
files, or other electronic databases submitted to the Department be
filed electronically in the format specified by the Department. If a
submitter cannot file the database electronically, the Department will
require the submission of the electronic database on computer media
(such as a CD). Because the Department will upload the electronic
databases to IA ACCESS, printouts of the databases will no longer be
necessary. The Department proposes amending section 351.303(c)(3) to
remind submitters that all electronic database information must be
releasable under APO regardless of whether it is filed electronically
or manually.
The Department proposes changing section 351.303(d) to make
references to the filing terminology consistent with the other
terminology used in the rest of this section. Specifically, in section
351.303(d), which deals with the format of copies, the Department
proposes replacing the term ``copies'' with ``submissions'' because, as
stated above, the Department will no longer require a person to file
multiple copies of a submission.
Section 351.303(d)(2) currently provides the specifications and
markings required for filing documents with the Department. Paragraph
(d)(2) specifies that a person must submit documents on letter-size
paper, single-sided, and double-spaced, and that the first page of each
document must contain information in the formats described in
subparagraphs (i) through (vi). The Department proposes amending
paragraph (d)(2) to specify the dimensions of letter-size paper
(8[frac12] x 11 inches). Because CRU staff will need to insert all
manually filed submissions into a scanner, the Department proposes
requiring that manually filed documents be bound only with a paper
clip, butterfly/binder clip, or rubber band. The omission of binding
will ensure that the paper in the submission is not damaged, thereby
facilitating the scanning process. For this reason, the Department
proposes prohibiting the use of stapled, spiral, velo, or other type of
solid binding in manual submissions. The Department also proposes
amending paragraph (d)(2) to require the placement of the cover sheet
described in paragraph (b)(3) before the first page of the document
being manually filed. With regard to electronically filed documents,
the Department proposes specifying that the document be formatted to
print on letter-size (8[frac12] x 11 inch) paper, single-sided and
double-spaced so that the requirement is the same for both manually
filed and electronically filed documents. The Department also proposes
specifying that spreadsheets, unusually sized exhibits, and databases
are best utilized in their original printing format and should not be
reformatted for submission.
Section 351.303(d)(2)(iii) currently requires submitters to
indicate on the third line of the upper right-hand corner the segment
of a proceeding for which a document is being filed and, if for a
review, the inclusive dates of the review, the type of review, and
section number of the Act corresponding to the type of review. The
Department proposes amending section 351.303(d)(2)(iii) to replace the
current list of types of segments with a non-exhaustive list. The
Department also proposes providing a specific date format for use in
indicating the period of review, if relevant. The Department proposes
eliminating the requirement that the submitter indicate the relevant
section of the Act that corresponds to the type of review for which the
document is submitted. The Department has observed that this marking
requirement is often overlooked by submitters, and when it is included,
submitters often refer only to section 751 of the Act without referring
to the specific subsection. Because the Department will require a
submitter to indicate the specific segment of a proceeding in which a
document is being filed, the Department has determined it would be
redundant to also require the submitter to specify the particular
subsection of the Act corresponding to the type of review.
The Department also proposes amending section 351.303(d)(2)(v) to
make it consistent with the terminology in section 351.303(b)(4).
Specifically, this section currently requires that, on the fifth and
subsequent lines of each submission, a submitter indicate whether any
portion of the document contains business proprietary information and,
if so, to list the applicable page numbers and state either ``Document
May Be Released Under APO'' or ``Document May Not Be Released Under
APO.'' The Department proposes changing the terminology so that the
term ``Document'' is replaced with either ``Business Proprietary
Document--'' or ``Business Proprietary/APO Version,'' as applicable, so
that it is consistent with the terminology in section 351.303(b)(4).
The Department also proposes capitalizing the first letter in the words
``is'' and ``be'' to correct typographical errors. This section also
requires that the warning ``Bracketing of Business Proprietary
Information Is Not Final for One Business Day After Date of Filing''
must not be included in the copies of the final business proprietary
version filed on the next business day. The Department proposes
deleting the term ``the copies of'' because a submitter will no longer
be filing multiple copies of a submission, in accordance with proposed
section 351.303(b)(2)(v). The Department also proposes replacing the
term ``business proprietary version'' with ``business proprietary
document'' to make the terminology consistent with that in section
351.303(b)(4).
Section 351.303(d)(2)(vi) currently requires that public versions
of business proprietary documents contain the marking requirements
required in paragraphs (d)(2)(i)-(v) of this section and conspicuously
mark the first page ``Public Version.'' The Department proposes
amending this section to refer to both the public version and the
business proprietary document in the singular. This amendment clarifies
that there is only one public version of a business proprietary
document. We propose also adding subparagraph 351.303(d)(2)(vii) to
this section to require the same markings for a ``Public Document'' as
for a ``Public Version,'' with the exception being use of the word
``Document'' instead of ``Version.'' These amendments bring the
language in this section into conformity with the document
classifications in paragraphs (b)(4).
Section 351.303(f) currently states that except as provided in
sections 351.202(c), 351.207(f)(1), and paragraph (f)(3) of this
section, a person filing a document with the Department simultaneously
must serve a copy of the document on all other persons on the service
list by personal service or first class mail. The Department proposes
changing the reference to section 351.207(f)(1) to section
351.208(f)(1) to correct a typographical error.
Section 351.303(f)(1)(ii) currently states that a party may serve a
public version or a business proprietary version of a document
containing only the server's own business proprietary information on
persons on the service list by facsimile or other electronic
transmission process, with the consent of the person to be served. The
Department proposes changing the reference to ``business proprietary
version of a document'' to ``business proprietary document'' to make
the terminology consistent with that used in proposed section
351.303(b)(4). The Department also proposes specifying that the
business proprietary document may be served on persons on the APO
[[Page 44168]]
service list and that the public version of such a document may be
served on persons on the public service list by facsimile transmission
or other electronic transmission process, with the consent of the
person to be served.
Section 351.303(g) currently requires that the ``person's''
officially responsible for the presentation of factual information in a
submission to certify to the accuracy and completeness of the
information. The Department proposes correcting the typographical error
to change ``person's'' to ``person'' in section 351.303(g)(1).
Sections 351.304(b), 351.304(c), and 351.304(d). Identification of
Business Proprietary Information, Public Version, and Returning
Submissions That Do Not Conform With Section 777(b) of the Act
Section 351.304(b)(2)(i) currently states that information claimed
to be exempt from disclosure under APO must be enclosed in double
brackets, and must include a full explanation of the reasons for the
claim. Section 351.304(b)(2)(iii) states that ``the submitting person
may exclude the information in double brackets from the business
proprietary information version of the submission served on authorized
applicants.'' The Department proposes amending this sentence to replace
``business proprietary information version'' with ``Business
Proprietary/APO Version'' to make the terminology consistent with that
in section 351.303(b)(4)(iii).
Section 351.304(c) currently provides requirements for filing the
public version of a business proprietary document. Section
351.304(c)(1) specifies, among other things, that the public version
must be filed on the first business day after the filing deadline for
the ``business proprietary version of the submission.'' The Department
proposes amending this section to replace ``business proprietary
version of the submission'' with ``business proprietary document'' to
make the terminology consistent with that in sections 351.303(b)(4)(i)
and (ii).
Section 351.304(c)(2) currently specifies, among other things, that
if a submitting party discovers that it failed to bracket information
correctly, the submitter may file a complete, corrected ``business
proprietary version of the submission'' along with the public version.
The Department proposes amending this section to replace ``business
proprietary version of the submission'' with ``business proprietary
document'' to make the terminology consistent with that in sections
351.303(b)(4)(i) and (ii).
Section 351.304(d)(1) currently states that the Secretary will
return a submission that does not meet the requirements of section
777(b) of the Act, which governs the Department's APO rules of practice
and procedure. Section 351.304(d)(1) further specifies that the
submitting person may take any of four enumerated actions within two
business days of the Secretary's explanation of its reasons for
returning the submission. Section 351.304(d)(1)(iv) specifies that one
of those enumerated actions is the submission of other material
concerning the subject matter of the returned information and that, if
the submitting person takes none of the enumerated actions, the
Secretary will not consider the returned submission. As discussed
above, because the Department will be using an electronic filing
system, rather than physically return an electronic submission, the
Department will instead reject the submission. Thus, the Department
proposes amending the regulations to change the term ``return'' with
``reject'' in sections 351.304(d)(1) and 351.304(d)(1)(iv).
The Department is also considering providing for the implementation
of electronic APO release as part of the overall transition to IA
ACCESS. We do not believe it is necessary to address the actual process
for such release in the Department's regulations, because the existing
regulations do not include our current practice of physically releasing
APO materials to APO authorized applicants. The provision for
electronic release of business proprietary information under APO can be
reflected in the terms of the Department's administrative protective
order, and an acknowledgment of the additional security requirements
that may be imposed on APO authorized applicants may be included in the
APO application. We are requesting comments on the APO release process,
the adequacy of providing for electronic release in the APO, and the
necessity of additional security requirements in the APO application.
Comments--Deadline, Format, Number of Copies
The deadline for the submission of comments is sixty days after the
publication of this notice. The Department will consider all comments
received before the close of the comment period. Comments received
after the end of the comment period will be considered, if possible,
but their consideration cannot be assured.
Parties wishing to comment should submit comments online at http://
www.regulations.gov. If a party is unable to submit comments online,
hardcopy comments may be filed with the Department. Comments must be
addressed and labeled as specified under the ADDRESSES heading above.
Comments filed with the Department must be signed, and must consist of
the original and two copies of each set of comments, including reasons
for any recommendations. To help simplify the processing and
distribution of comments, the Department requests that a copy of the
submission on electronic media accompany the required paper copies.
Such electronic copies should be on CD-ROM in either Microsoft Word
format or a format that the Microsoft Word program can convert into
Microsoft Word Adobe portable document format (PDF).
The Department will not accept comments accompanied by a request
that a part or all of the material be treated confidentially because of
its business proprietary nature or for any other reason. The Department
will return such comments and materials to the persons submitting the
comments and will not consider them in connection with this request for
comment.
The Department will make comments received on CD-ROM available to
the public on the Internet at http://www.regulations.gov. In addition,
upon request, the Department will make one copy of any comments
received in paper on CD-ROM available to the public on CD-ROMs (at
cost) with specific instructions for accessing compressed data (if
necessary in the Department's Central Records Unit. Any questions
concerning file formatting, document conversion, access on the Web, or
other electronic filing issues should be addressed to Andrew Lee
Beller, Import Administration Webmaster, at (202) 482-0866, e-mail
address: [email protected].
Classification
E.O. 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Regulatory Flexibility Act
The Chief Counsel for Regulation has certified to the Chief Counsel
for Advocacy of the Small Business Administration (``SBA'') under the
provisions of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that the
proposed rule would not have a significant economic impact on a
substantial number of small business entities.
Under the proposed rule, parties must file electronically all
submissions with
[[Page 44169]]
the Department, unless an exception for manual filing is applicable. If
a submission is filed manually, a party need only submit one hard copy
of the submission with the Department. The Department's regulations
currently require parties to submit one hard copy original and five
hard copies of a public document. Alternatively, under the current
regulations, if a document contains business proprietary information, a
party must submit one hard copy original and five hard copies of a
business proprietary document and three copies of a public version.
Parties who participate in AD/CVD proceedings include U.S.
manufacturers, U.S. importers, and foreign exporters and manufacturers,
some of whom are affiliated with U.S. companies. Some of these entities
affected by this rule may be considered small entities under the SBA
standard. The Department has determined that this rule will reduce the
costs to produce written copies and the Department does not anticipate
that electronic filing will add any significant operating costs for
small entities. Because this proposed rule will reduce costs, it will
not substantially impact a significant number of small business
entities participating in AD/CVD proceedings. Thus no Initial
Regulatory Flexibility Act statement is required, nor has one been
prepared.
Paperwork Reduction Act
This rule does not contain a collection of information for purposes
of the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3501 et
seq.).
List of Subjects in 19 CFR Part 351
Administrative practice and procedure, Antidumping, Business and
industry, Cheese, Confidential business information, Countervailing
duties, Freedom of information, Investigations, Reporting and
recordkeeping requirements.
Dated: July 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
For the reasons stated, 19 CFR Chapter III is proposed to be
amended as follows:
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES
1. The authority citation for part 351 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 1202 note; 19 U.S.C. 1303
note; 19 U.S.C. 1671 et seq.; and 19 U.S.C. 3538.
2. Section 351.103 is revised as follows:
Sec. 351.103 Central Records Unit and Administrative Protective Order
and Dockets Unit.
(a) Import Administration's Central Records Unit maintains a Public
File Room in Room 1117, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230. The office hours of the
Public File Room are between 8:30 a.m. and 5 p.m. Eastern Time on
business days. Among other things, the Central Records Unit is
responsible for maintaining an official and public record for each
antidumping and countervailing duty proceeding (see Sec. 351.104).
(b) Import Administration's Administrative Protective Order and
Dockets Unit (APO/Dockets Unit) is located in Room 1870, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230. The office hours of the APO/Dockets Unit are
between 8:30 a.m. and 5 p.m. Eastern Time on business days. Among other
things, the APO/Dockets Unit is responsible for receiving submissions
from interested parties, issuing administrative protective orders
(APOs), maintaining the APO service list and the public service list as
provided for in paragraph (d) of this section, releasing business
proprietary information under APO, and conducting APO violation
investigations. The APO/Dockets Unit also is the contact point for
questions and concerns regarding claims for business proprietary
treatment of information and proper public versions of submissions
under Sec. 351.105 and Sec. 351.304.
(c) Filing of documents with the Department. No document will be
considered as having been received by the Secretary unless it is
electronically filed in accordance with Sec. 351.303(b)(2) or, where a
relevant exception to electronic filing applies, it is manually
submitted to the Import Administration's APO/Dockets Unit in Room 1870
and is stamped with the date, and, where necessary, the time, of
receipt. Both electronically and manually filed documents must be
submitted with a cover sheet, consistent with Sec. 351.303(b)(3).
(d) Service list. The APO/Dockets Unit will maintain and make
available a public service list for each segment of a proceeding. The
service list for an application for a scope ruling is described in
Sec. 351.225(n).
(1) With the exception of a petitioner filing a petition in an
investigation, all persons wishing to participate in a segment of a
proceeding must file a letter of appearance. The letter of appearance
must identify the name of the interested party, how that party
qualifies as an interested party under Sec. 351.102(b)(29) and section
771(9) of the Act, and the name of the firm, if any, representing the
interested party in that particular segment of the proceeding. All
persons who file a letter of appearance and qualify as an interested
party will be included in the public service list for the segment of
the proceeding in which the letter of appearance is submitted. The
letter of appearance may be filed as a cover letter to an application
for APO access. If the representative of the party is not requesting
access to business proprietary information under APO, the letter of
appearance must be filed separately from any other document filed with
the Department. If the interested party is a coalition or association
as defined in subparagraph (A), (E), (F) or (G) of section 771(9) of
the Act, the letter of appearance must identify all of the members of
the coalition or association.
(2) Each interested party that asks to be included on the public
service list for a segment of a proceeding must designate a person to
receive service of documents filed in that segment.
3. Section 351.104 is amended by revising paragraphs (a)(2) and (b)
to read as follows:
Sec. 351.104 Record of proceedings.
(a) * * *
(2) Material rejected. (i) The Secretary, in making any
determination under this part, will not use factual information,
written argument, or other material that the Secretary rejects.
(ii) The official record will include a copy of a rejected
document, solely for purposes of establishing and documenting the basis
for rejecting the document, if the document was rejected because:
(A) The document, although otherwise timely, contains untimely
filed new factual information (see Sec. 351.301(b));
(B) The submitter made a nonconforming request for business
proprietary treatment of factual information (see Sec. 351.304);
(C) The Secretary denied a request for business proprietary
treatment of factual information (see Sec. 351.304);
(D) The submitter is unwilling to permit the disclosure of business
proprietary information under APO (see Sec. 351.304).
(iii) In no case will the official record include any document that
the Secretary rejects as untimely filed, or any unsolicited
questionnaire response unless the response is a voluntary response
accepted under Sec. 351.204(d) (see Sec. 351.302(d)).
[[Page 44170]]
(b) Public record. The Secretary will maintain in the Central
Records Unit a public record of each proceeding. The record will
consist of all material contained in the official record (see paragraph
(a) of this section) that the Secretary decides is public information
under Sec. 351.105(b), government memoranda or portions of memoranda
that the Secretary decides may be disclosed to the general public, and
public versions of all determinations, notices, and transcripts. The
public record will be available to the public for inspection and
copying in the Central Records Unit (see Sec. 351.103). The Secretary
will charge an appropriate fee for providing copies of documents. The
public record will also be accessible at http://www.trade.gov/ia.
* * * * *
4. Section 351.302 is amended by revising paragraphs (a), (c) and
(d) to read as follows:
Sec. 351.302 Extension of time limits; rejection of untimely filed or
unsolicited material.
(a) Introduction. This section sets forth the procedures for
requesting an extension of a time limit. In addition, this section
explains that certain untimely filed or unsolicited material will be
rejected together with an explanation of the reasons for the rejection
of such material.
* * * * *
(c) Requests for extension of specific time limit. Before the
applicable time limit specified under Sec. 351.301 expires, a party
may request an extension pursuant to paragraph (b) of this section. The
request must be in writing, filed consistent with Sec. 351.303, and
state the reasons for the request. An extension granted to a party must
be approved in writing.
(d) Rejection of untimely filed or unsolicited material. (1) Unless
the Secretary extends a time limit under paragraph (b) of this section,
the Secretary will not consider or retain in the official record of the
proceeding:
(i) Untimely filed factual information, written argument, or other
material that the Secretary rejects, except as provided under Sec.
351.104(a)(2); or
(ii) Unsolicited questionnaire responses, except as provided under
Sec. 351.204(d)(2).
(2) The Secretary will reject such information, argument, or other
material, or unsolicited questionnaire response with, to the extent
practicable, written notice stating the reasons for rejection.
5. Section 351.303 is amended by revising paragraphs (a), (b), (c),
(d), (f)(1), (g) introductory text, and (g)(1) to read as follows:
Sec. 351.303 Filing, document identification, format, translation,
service, and certification of documents.
(a) Introduction. This section contains the procedural rules
regarding filing, document identification, format, service,
translation, and certification of documents and applies to all persons
submitting documents to the Department for consideration in an
antidumping or countervailing duty proceeding.
(b) Filing--(1) In general. Persons must address all documents to
the Secretary of Commerce, Attention: Import Administration, APO/
Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time on the due date. When applicable, a submitter must manually file a
document between the hours of 8:30 a.m. and 5 p.m. Eastern Time on
business days (see Sec. 351.103(b)). If the applicable time limit
expires on a non-business day, the Secretary will accept documents that
are filed on the next business day.
(2) Electronic filing. Notwithstanding the relevant provisions of
Sec. Sec. 351.103, 351.302, 351.303, 351.304, 351.305, and 351.306 of
the Department's procedures and rules, unless a relevant exception
applies, a person must file all documents electronically at http://www.trade.gov/ia. Exceptions to the electronic filing requirements are
set forth in the IA ACCESS Handbook on Electronic Filing Procedures,
which is available at http://www.trade.gov/ia. As provided in Sec.
351.103(c), and in accordance with section 782(c) of the Act, if a
submitter is unable to comply with the electronic filing requirement
under certain circumstances for which no exception applies, the
submitter must notify the Department promptly of any difficulties
encountered in filing the document electronically. The Department will
consider the ability of the submitter and may modify the electronic
filing requirements on a case-by-case basis. A person making an
electronic filing must comply with the procedures set forth in the IA
ACCESS Handbook on Electronic Filing Procedures.
(3) Cover sheet. When manually filing a document, parties must
complete the cover sheet (as described in the IA ACCESS Handbook on
Electronic Filing Procedures) online at http://www.trade.gov/ia and
print the cover sheet for submission to the APO/Dockets Unit. For
documents that are filed electronically, a person must complete the
cover sheet for such filing online at http://www.trade.gov/ia at the
time of the electronic filing. The person submitting the cover sheet is
responsible for the accuracy of all information contained in the cover
sheet.
(4) Document identification. Each document must be clearly
identified as one of the following five document classifications and
must conform with the requirements under paragraph (d)(2) of this
section. Business proprietary document or version, as applicable, means
a document or version of a document containing information for which a
person claims business proprietary treatment under Sec. 351.304.
(i) Business Proprietary Document--May Be Released Under APO. This
business proprietary document contains single-bracketed business
proprietary information that the submitter agrees to release under APO.
It must contain the statement ``May Be Released Under APO'' in
accordance with the requirements under paragraph (d)(2)(v) of this
section.
(ii) Business Proprietary Document--May Not Be Released Under APO.
This business proprietary document contains double-bracketed business
proprietary information that the submitter does not agree to release
under APO. This document must contain the statement ``May Not Be
Released Under APO'' in accordance with the requirements under
paragraph (d)(2)(v) of this section. This type of document may contain
single-bracketed business proprietary information in addition to
double-bracketed business proprietary information.
(iii) Business Proprietary/APO Version--May Be Released Under APO.
In the event that a business proprietary document contains both single-
and double-bracketed business proprietary information, the submitting
person must submit a version of the document with the double-bracketed
business proprietary information omitted. This version must contain the
single-bracketed business proprietary information that the submitter
agrees to release under APO. This version must be identified as
``Business Proprietary/APO Version'' and must contain the statement
``May Be Released Under APO'' in accordance with the requirements under
paragraph (d)(2)(v) of this section.
(iv) Public Version. The public version excludes all business
proprietary information, whether single-
[[Page 44171]]
or double-bracketed. Specific filing requirements for public version
submissions are discussed in Sec. 351.304(c).
(v) Public Document. The public document contains only public
information. There is no corresponding business proprietary version for
a public document.
(c) Filing of business proprietary documents and public versions
under the one-day lag rule; information in double brackets.
(1) In general. If a submission contains information for which the
submitter claims business proprietary treatment, the submitter may
elect to file the submission under the one-day lag rule described in
paragraph (c)(2) of this section. A petition, an amendment to a
petition, and any other submission filed prior to the initiation of an
investigation shall not be filed under the one-day lag rule. The
business proprietary document and public version of such pre-initiation
submissions must be filed simultaneously on the same day.
(2) Application of the one-day lag rule--(i) Filing the business
proprietary document. A person must file a business proprietary
document with the Department within the applicable time limit.
(ii) Filing of final business proprietary document; bracketing
corrections. By the close of business one business day after the date
the business proprietary document is filed under paragraph (c)(2)(i) of
this section, a person must file the complete final business
proprietary document with the Department. The final business
proprietary document must be identical in all respects to the business
proprietary document filed on the previous day except for any
bracketing corrections and the omission of the warning ``Bracketing of
Business Proprietary Information Is Not Final for One Business Day
After Date of Filing'' in accordance with paragraph (d)(2)(v) of this
section. A person must serve other persons with the complete final
business proprietary document if there are bracketing corrections. If
there are no bracketing corrections, a person need not serve a copy of
the final business proprietary document.
(iii) Filing the public version. Simultaneously with the filing of
the final business proprietary document under paragraph (c)(2)(ii) of
this section, a person also must file the public version of such
document (see Sec. 351.304(c)) with the Department.
(iv) Information in double brackets. If a person serves authorized
applicants with a business proprietary/APO version of a document that
excludes information in double brackets pursuant to Sec. Sec.
351.303(b)(4)(iii) and 351.304(b)(2), the person simultaneously must
file with the Department the complete business proprietary/APO version
of the document from which information in double brackets has been
excluded.
(3) Sales files, cost of production files and other electronic
databases. When a submission includes sales files, cost of production
files or other electronic databases, such electronic databases must be
filed electronically in accordance with paragraph (b)(2) of this
section. If a submitter cannot file the database electronically, then
the submitter must file such information on the computer medium
specified by the Department's request for such information. The
computer medium need not be accompanied by a computer printout. All
electronic database information must be releasable under APO (see Sec.
351.305).
(d) Format of submissions--(1) In general. Unless the Secretary
alters the requirements of this section, a document filed with the
Department must conform to the specification and marking requirements
under paragraph (d)(2) of this section or the Secretary may reject such
document in accordance with Sec. 351.104(a).
(2) Specifications and markings. A person must submit manually
filed documents on letter-size (8\1/2\ x 11 inch) paper, single-sided
and double-spaced, bound with a paper clip, butterfly/binder clip, or
rubber band. The filing of stapled, spiral, velo, or other type of
solid binding is not permitted. In accordance with paragraph (b)(3) of
this section, a cover sheet must be placed before the first page of the
document. Electronically filed documents must be formatted to print on
letter-size (8\1/2\ x 11 inch) paper, single-sided and double-spaced.
Spreadsheets, unusually sized exhibits, and databases are best utilized
in their original printing format and should not be reformatted for
submission. A submitter must mark the first page of each document in
the upper right-hand corner with the following information in the
following format:
(i) On the first line, except for a petition, indicate the
Department case number;
(ii) On the second line, indicate the total number of pages in the
document including cover pages, appendices, and any unnumbered pages;
(iii) On the third line, indicate the specific segment of the
proceeding, (e.g., investigation, administrative review, scope inquiry,
suspension agreement, etc.) and, if applicable, indicate the complete
period of review (MM/DD/YY to MM/DD/YY);
(iv) On the fourth line, except for a petition, indicate the
Department office conducting the proceeding;
(v) On the fifth and subsequent lines, indicate whether any portion
of the document contains business proprietary information and, if so,
list the applicable page numbers and state either: ``Business
Proprietary Document--May Be Released Under APO,'' ``Business
Proprietary Document--May Not Be Released Under APO,'' or ``Business
Proprietary/APO Version-- May Be Released Under APO,'' as applicable,
and consistent with Sec. 351.303(b)(4). Indicate ``Business
Proprietary Treatment Requested'' on the top of each page containing
business proprietary information. In addition, include the warning
``Bracketing of Business Proprietary Information Is Not Final for One
Business Day After Date of Filing'' on the top of each page containing
business proprietary information in the copy of the business
proprietary version filed under paragraph (c)(2)(i) of this section
(one-day lag rule). Do not include this warning in the final business
proprietary version filed on the next business day under paragraph
(c)(2)(ii) of this section (see Sec. 351.303(c)(2) and Sec.
351.304(c)); and
(vi) For the public version of a business proprietary document
required under Sec. 351.304(c), complete the marking as required in
paragraphs (d)(2)(i)-(v) of this section for the business proprietary
document, but conspicuously mark the first page ``Public Version.''
(vii) For a public document, complete the marking as required in
paragraphs (d)(2)(i)-(v) of this section for the business proprietary
document or version, as applicable, but conspicuously mark the first
page ``Public Document.''
* * * * *
(f) * * *
(1)(i) In general. Except as provided in Sec. 351.202(c) (filing
of petition), Sec. 351.208(f)(1) (submission of proposed suspension
agreement), and paragraph (f)(3) of this section, a person filing a
document with the Department simultaneously must serve a copy of the
document on all other persons on the service list by personal service
or first class mail.
(ii) Service of public versions or a party's own business
proprietary information. Notwithstanding paragraphs (f)(1)(i) and
(f)(3) of this section, service of a business proprietary document
containing only the server's
[[Page 44172]]
own business proprietary information, on persons on the APO service
list, or the public version of such a document on persons on the public
service list, may be made by facsimile transmission or other electronic
transmission process, with the consent of the person to be served.
* * * * *
(g) Certifications. A person must file with each submission
containing factual information the certification in paragraph (g)(1) of
this section and, in addition, if the person has legal counsel or
another representative, the certification in paragraph (g)(2) of this
section:
(1) For the person officially responsible for presentation of the
factual information:
I, (name and title), currently employed by (person), certify
that (1) I have read the attached submission, and (2) the
information contained in this submission is, to the best of my
knowledge, complete and accurate.
* * * * *
6. Section 351.304 is amended by revising paragraphs (b), (c),
(d)(1) introductory text and (d)(1)(iv) to read as follows:
Sec. 351.304 Establishing business proprietary treatment of
information.
* * * * *
(b) Identification of business proprietary information--(1) In
general. A person submitting information must identify the information
for which it claims business proprietary treatment by enclosing the
information within single brackets. The submitting person must provide
with the information an explanation of why each item of bracketed
information is entitled to business proprietary treatment. A person
submitting a request for business proprietary treatment also must
include an agreement to permit disclosure under an administrative
protective order, unless the submitting party claims that there is a
clear and compelling need to withhold the information from disclosure
under an administrative protective order.
(2) Information claimed to be exempt from disclosure under
administrative protective order. (i) If the submitting person claims
that there is a clear and compelling need to withhold certain
information from disclosure under an administrative protective order
(see paragraph (a)(1)(ii) of this section), the submitting person must
identify the information by enclosing the information within double
brackets, and must include a full explanation of the reasons for the
claim.
(ii) In an investigation, the submitting person may enclose
business proprietary customer names within double brackets (see
paragraph (a)(1)(iii) of this section).
(iii) The submitting person may exclude the information in double
brackets from the Business Proprietary/APO Version of the submission
served on authorized applicants. See Sec. 351.303 for filing and
service requirements.
(c) Public version. (1) A person filing a submission that contains
information for which business proprietary treatment is claimed must
file a public version of the submission. The public version must be
filed on the first business day after the filing deadline for the
business proprietary document (see Sec. 351.303(b)). The public
version must contain a summary of the bracketed information in
sufficient detail to permit a reasonable understanding of the substance
of the information. If the submitting person claims that summarization
is not possible, the claim must be accompanied by a full explanation of
the reasons supporting that claim. Generally, numerical data will be
considered adequately summarized if grouped or presented in terms of
indices or figures within 10 percent of the actual figure. If an
individual portion of the numerical data is voluminous, at least one
percent representative of that portion must be summarized. A submitter
should not create a public summary of business proprietary information
of another person.
(2) If a submitting party discovers that it has failed to bracket
information correctly, the submitter may file a complete, corrected
business proprietary document along with the public version (see Sec.
351.303(b)). At the close of business on the day on which the public
version of a submission is due under paragraph (c)(2) of this section,
however, the bracketing of business proprietary information in the
original business proprietary document or, if a corrected version is
timely filed, the corrected business proprietary document will become
final. Once bracketing has become final, the Secretary will not accept
any further corrections to the bracketing of information in a
submission, and the Secretary will treat non-bracketed information as
public information.
(d) * * *
(1) In general. The Secretary will reject a submission that does
not meet the requirements of section 777(b) of the Act and this section
with a written explanation. The submitting person may take any of the
following actions within two business days after receiving the
Secretary's explanation:
* * * * *
(iv) Submit other material concerning the subject matter of the
rejected information. If the submitting person does not take any of
these actions, the Secretary will not consider the rejected submission.
* * * * *
[FR Doc. 2010-18389 Filed 7-27-10; 8:45 am]
BILLING CODE 3510-DS-P