[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR201.19]

[Page 29-30]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 201--RULES OF GENERAL APPLICATION--Table of Contents
 
   Subpart C--Availability of Information to the Public Pursuant to 5 
                               U.S.C. 552
 
Sec.  201.19  Notification regarding requests for confidential business information.

    (a) In general. Business information provided to the Commission by a 
business submitter which the Commission has designated as ``confidential 
business information'' will not be disclosed pursuant to a Freedom of 
Information Act (FOIA) request except in accordance with this section.
    (b) Definitions. The following definitions are to be used in 
reference to this section:
    Confidential business information means commercial or financial 
information that has been designated as confidential business 
information by the Commission under Sec.  201.6 of this part.
    Submitter means any person or entity who provides confidential 
business information, directly or indirectly, to the Commission. The 
term includes, but is not limited to, corporations, producers, 
importers, and state and foreign governments.
    (c) Notice to submitters. Except as provided for in paragraph (e) of 
this section, the Commission will, to the extent permitted by law, 
provide a submitter with prompt written notice of a FOIA request or 
administrative appeal encompassing its confidential business information 
whenever required under paragraph (d) of this section, in order to 
afford the submitter an opportunity to object to disclosure pursuant to 
paragraph (f) of this section. Such written notice will describe the 
nature of the confidential business information requested. The requester 
will also be notified that notice and opportunity to object to are being 
provided to a submitter.
    (d) When notice is required. Notice will be given to a submitter in 
writing at submitter's last known address whenever:
    (1) The information the subject of the FOIA request or appeal has 
been designated by the Commission as confidential business information; 
and
    (2) The Commission has reason to believe that the information may 
not be protected from disclosure under FOIA Exemptions 3 or 4.
    (e) Exceptions to notice requirment. The notice requirements of 
paragraph (c) of this section will not apply if:
    (1) The Commission determines that the information should not be 
disclosed;
    (2) The information lawfully has been published or has been 
officially made available to the public; or
    (3) Disclosure of the information is required by law (other than 5 
U.S.C. 552).
    (f) Opportunity to object to disclosure. In general, the Commision 
has 10 working days in which to respond to a FOIA request. Through the 
notice described in paragraph (c) of this section, the Commission will 
afford a submitter an opportunity, within the period afforded to the 
Commission to make its decision in response to the FOIA request, to 
provide the Commission with a detailed written statement of any 
objection to disclosure. Such statement shall be filed at least one 
working day before the Commission is required to respond to the FOIA 
request, and it shall specify all grounds for withholding any of the 
information under any exemption of FOIA. In the case of

[[Page 30]]

FOIA Exemptions 3 or 4, it shall demonstrate why the information should 
continue to be considered confidential business information within the 
meaning of Sec.  201.6 of this part and should not be disclosed. The 
submitter's claim of continued confidentiality should be supported by a 
certification by an officer or authorized representative of the 
submitter. Information provided by a submitter pursuant to this 
paragraph may itself be subject to disclosure under FOIA.
    (g) Notice of intent to disclose. The Commission will consider 
carefully a submitter's objections and specific grounds for 
nondisclosure prior to determining whether to disclose the information. 
Whenever the Commission decides to disclose such information over the 
objection of a submitter, the Commission will forward to the submitter a 
written notice which will include:
    (1) A statement of the reasons for which the submitter's disclosure 
objections were not sustained;
    (2) A description of the information to be disclosed; and
    (3) A specified disclosure date.

Such notice of intent to disclose will be forwarded to the submitter a 
reasonable number of days prior to the specified disclosure date and the 
requester will be notified likewise.
    (h) Notice of FOIA lawsuit. Whenever a requester brings suit seeking 
to compel disclosure of information that the Commission has designated 
as confidential business information, the Commission will promptly 
notify the submitter at its last known address. For the purpose of this 
paragraph, the Secretary may assume such address to be that given on the 
submission.

[54 FR 13678, Apr. 5, 1989]