[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR356.2]

[Page 303-305]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH 
AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
                    Subpart A--Scope and Definitions
 
Sec. 356.2  Definitions.

    For purposes of this part:
    (a) Act means the Tariff Act of 1930, as amended;
    (b) Administrative law judge means the person appointed under 5 
U.S.C. 3105 who presides over the taking of evidence as provided by 
subpart D of this part;
    (c) Affected party means a person against whom sanctions have been 
proposed for alleged violation of a protective order or disclosure 
undertaking but who is not a charged party;
    (d) Agreement means the North American Free Trade Agreement between 
Canada, the United Mexican States and the United States, signed on 
December 17, 1992; or, with respect to binational panel or extraordinary 
challenge proceedings underway as of such date, or any binational panel 
or extraordinary challenge proceedings that may proceed between Canada 
and the United States following any withdrawal from the Agreement by 
Canada or the United States, the United States-Canada Free Trade 
Agreement between Canada and the United States, which came into force on 
January 1, 1989;
    (e) APO Sanctions Board means the Administrative Protective Order 
Sanctions Board;
    (f) Article 1904 Panel Rules means the NAFTA Article 1904 Panel 
Rules, negotiated pursuant to Article 1904 of the North American Free 
Trade Agreement between Canada, the United Mexican States and the United 
States, and any subsequent amendments; or, with respect to binational 
panel proceedings underway as of such date, or any binational panel 
proceedings that may proceed between the Canada and the United States 
following any withdrawal from the Agreement by Canada or the United 
States, the Article 1904 Panel Rules, as amended, which came into force 
on January 1, 1989;
    (g) Authorized agency of a free trade area country means:
    (1) In the case of Canada, any Canadian government agency that is 
authorized by Canadian law to request the Department to initiate 
proceedings to impose sanctions for an alleged violation of a disclosure 
undertaking; and
    (2) In the case of Mexico, any Mexican government agency that is 
authorized by Mexican law to request the Department to initiate 
proceedings to impose sanctions for an alleged violation of a disclosure 
undertaking;
    (h) Binational panel means a binational panel established pursuant 
to Annex 1901.2 to Chapter Nineteen of the Agreement for the purpose of 
reviewing a final determination;
    (i) Charged party means a person who is charged by the Deputy Under 
Secretary with violating a protective order or a disclosure undertaking;
    (j) Chief Counsel means the Chief Counsel for Import Administration, 
U.S. Department of Commerce, or designee;

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    (k) Days means calendar days, except that a deadline which falls on 
a weekend or holiday shall be extended to the next working day;
    (l) Department means the U.S. Department of Commerce;
    (m) Deputy Under Secretary means the Deputy Under Secretary for 
International Trade, U.S. Department of Commerce;
    (n) Director means an Office Director under the Deputy Assistant 
Secretary for Investigations, U.S. Department of Commerce, or designee, 
if the panel review is of a final determination by the Department under 
section 751 of the Act, or an Office Director under the Deputy Assistant 
Secretary for Compliance, or designee, if the panel review is of a final 
determination by the Department under section 705(a) or 735(a) of the 
Act;
    (o) Disclosure undertaking means:
    (1) In the case of Canada, the Canadian mechanism for protecting 
proprietary or privileged information during proceedings pursuant to 
Article 1904 of the Agreement, as prescribed by subsection 77.21(2) of 
the Special Import Measures Act, as amended; and
    (2) In the case of Mexico, the Mexican mechanism for protecting 
proprietary or privileged information during proceedings pursuant to 
Article 1904 of the Agreement, as prescribed by the Ley de Comercio 
Exterior and its regulations;
    (p) Extraordinary challenge committee means the committee 
established pursuant to Annex 1904.13 to Chapter Nineteen of the 
Agreement to review decisions of a panel or conduct of a panelist;
    (q) Final determination means ``final determination'' as defined by 
Article 1911 of the Agreement;
    (r) Free trade area country or FTA country means ``free trade area 
country'' as defined by section 516A(f)(10) of the Act (19 U.S.C. 
1516a(f)(10));
    (s) Investigating authority means the competent investigating 
authority that issued the final determination subject to review and 
includes, in respect of the issuance, amendment, modification or 
revocation of a protective order or disclosure undertaking, any person 
authorized by the investigating authority;
    (t) Lesser-included sanction means a sanction of the same type but 
of more limited scope than the proposed sanction for violation of a 
protective order or disclosure undertaking; thus, a one-year bar on 
representation before the Department is a lesser-included sanction of a 
proposed seven-year bar;
    (u) Letter of transmittal means a document marked according to the 
requirements of 19 CFR 353.31(e)(2)(i)-(v) or 355.31(e)(2)(i)-(v);
    (v) Official publication means:
    (1) In the case of Canada, the Canada Gazette;
    (2) In the case of Mexico, the Diario Oficial de la Federacion; and
    (3) In the case of the United States, the Federal Register;
    (w) Panel review means review of a final determination pursuant to 
Chapter Nineteen of the Agreement;
    (x) Party to the proceeding means a person that would be entitled, 
under section 516A of the Act (19 U.S.C. 1516a), to commence proceedings 
for judicial review of a final determination;
    (y) Participant means a party to the proceeding that files a 
Complaint or a Notice of Appearance in a panel review, and the 
Department;
    (z) Parties means, in an action under subpart D of this part, the 
Department and the charged party or affected party;
    (aa) Person means, an individual, partnership, corporation, 
association, organization, or other entity;
    (bb) Privileged information means:
    (1) With respect to a panel review of a final determination made in 
Canada, information of the investigating authority that is subject to 
the solicitor-client privilege under the laws of Canada, or that 
constitutes part of the deliberative process with respect to the final 
determination, and with respect to which the privilege has not been 
waived;
    (2) With respect to a panel review of a final determination made in 
Mexico:
    (i) Information of the investigating authority that is subject to 
attorney-client privilege under the laws of Mexico; or
    (ii) Internal communications between officials of the Secretaria de 
Comercio y Fomento Industrial in

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charge of antidumping and countervailing duty investigations or 
communications between those officials and other government officials, 
where those communications constitute part of the deliberative process 
with respect to the final determination; and
    (3) With respect to a panel review of a final determination made in 
the United States, information of the investigating authority that is 
subject to the attorney-client, attorney work product or government 
deliberative process privilege under the laws of the United States and 
with respect to which the privilege has not been waived;
    (cc) Proprietary information means:
    (1) With respect to a panel review of a final determination made in 
Canada, information referred to in subsection 84(3) of the Special 
Import Measures Act, as amended, or subsection 45(3) of the Canadian 
International Trade Tribunal Act, as amended, with respect to which the 
person who designated or submitted the information has not withdrawn the 
person's claim as to the confidentiality of the information;
    (2) With respect to a panel review of a final determination made in 
Mexico, informacion confidencial, as defined under article 80 of the Ley 
de Comercio Exterior and its regulations; and
    (3) With respect to a panel review of a final determination made in 
the United States, business proprietary information under section 777(f) 
of the Act (19 U.S.C. 1677f(f)) and information the disclosure of which 
the Department has decided is limited under the procedures adopted 
pursuant to Article 1904.14 of the Agreement, including business or 
trade secrets; production costs; terms of sale; prices of individual 
sales, likely sales, or offers; names of customers, distributors, or 
suppliers; exact amounts of the subsidies received and used by a person; 
names of particular persons from whom proprietary information was 
obtained; and any other business information the release of which to the 
public would cause substantial harm to the competitive position of the 
submitter;
    (dd) Protective order means a protective order issued by the 
Department under 19 CFR 356.10(c) or 356.11(c);
    (ee) Scope determination means a determination by the Department, 
reviewable under section 516A(a)(2)(B)(vi) of the Act (19 U.S.C. 
1516a(a)(2)(B)(vi), as to whether a particular type of merchandise is 
within the class or kind of merchandise described in an existing finding 
of dumping or an antidumping or countervailing duty order covering free 
trade area country merchandise;
    (ff) Secretariat means the Secretariat established pursuant to 
Article 2002 of the Agreement and includes the Secretariat sections 
located in Canada, Mexico and the United States;
    (gg) Secretary means the Secretary of the Canadian section of the 
Secretariat, the Secretary of the Mexican section of the Secretariat, or 
the Secretary of the United States section of the Secretariat and 
includes any person authorized to act on behalf of the Secretary;
    (hh) Service address means the address of the counsel of record for 
a person, including any facsimile number submitted with that address, 
or, where a person is not represented by counsel, the address set out by 
the person in a Request for Panel Review, Complaint or Notice of 
Appearance as the address at which the person may be served, including 
any facsimile number submitted with that address, or where a Change of 
Service Address has been filed by a person, the new service address set 
out as the service address in that form, including any facsimile number 
submitted with that address;
    (ii) Service list means, with respect to a panel review of a final 
determination made in the United States, the list maintained by the 
investigating authority of persons who have been served in the 
proceeding leading to the final determination;
    (jj) Under Secretary means the Under Secretary for International 
Trade, U.S. Department of Commerce, or designee;
    (kk) United States section of the Secretariat means, for the 
purposes of filing, United States Secretary, NAFTA Secretariat, room 
2061, U.S. Department of Commerce, 14th and Constitution Avenue, NW., 
Washington, DC 20230.

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