[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: 19CFR351.303]

[Page 244-247]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                   Subpart C--Information and Argument
 
Sec.  351.303  Filing, format, translation, service, and certification of documents.

    (a) Introduction. This section contains the procedural rules 
regarding filing, 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) Where to file; time of filing. Persons must address and submit 
all documents to the Secretary of Commerce, Attention: Import 
Administration, Central Records Unit, Room 1870, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, 
between the hours of 8:30 a.m. and 5:00 p.m. 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.

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    (c) Number of copies; filing of business proprietary and public 
versions under the one-day lag rule; information in double brackets--(1) 
In general. Except as provided in paragraphs (c)(2) and (c)(3) of this 
section, a person must file six copies of each submission with the 
Department.
    (2) Application of the one-day lag rule--(i) Filing the business 
proprietary version. A person must file one copy of the business 
proprietary version of any document with the Department within the 
applicable time limit. Business proprietary version means the version of 
a document containing information for which a person claims business 
proprietary treatment under Sec.  351.304.
    (ii) Filing the final business proprietary version; bracketing 
corrections. By the close of business one business day after the date 
the business proprietary version is filed under paragraph (c)(2)(i) of 
this section, a person must file six copies of the final business 
proprietary version of the document with the Department. The final 
business proprietary version must be identical to the business 
proprietary version filed on the previous day except for any bracketing 
corrections. Although a person must file six copies of the complete 
final business proprietary version with the Department, the person may 
serve other persons with only those pages containing bracketing 
corrections.
    (iii) Filing the public version. Simultaneously with the filing of 
the final business proprietary version under paragraph (c)(2)(ii) of 
this section, a person also must file three copies of 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 version of a document that 
excludes information in double brackets pursuant to Sec.  351.304(b)(2), 
the person simultaneously must file with the Department one copy of 
those pages in which information in double brackets has been excluded.
    (3) Computer media and printouts. The Secretary may require 
submission of factual information on computer media unless the Secretary 
modifies such requirements under section 782(c) of the Act (see Sec.  
351.301(c)(2)(iv)). The computer medium must be accompanied by the 
number of copies of any computer printout specified by the Secretary. 
All information on computer media must be releasable under APO (see 
Sec.  351.305).
    (d) Format of copies--(1) In general. Unless the Secretary alters 
the requirements of this section, documents filed with the Department 
must conform to the specification and marking requirements under 
paragraph (d)(2) of this section or the Secretary may refuse to accept 
such documents for the official record of the proceeding.
    (2) Specifications and markings. A person must submit documents on 
letter-size paper, single-sided and double-spaced, and must securely 
bind each copy as a single document with any letter of transmittal as 
the first page of the document. 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 whether the document is for an 
investigation, scope inquiry, circumvention inquiry, downstream product 
monitoring application, or review and, if the latter, indicate the 
inclusive dates of the review, the type of review, and the section 
number of the Act corresponding to the type of review;
    (iv) On the fourth line, 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 ``Document May be 
Released Under APO'' or ``Document May Not be Released Under APO.'' 
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

[[Page 246]]

top of each page containing business proprietary information in the copy 
of the business proprietary version filed under Sec.  351.303(c)(2)(i) 
(one-day lag rule). Do not include this warning in the copies of the 
final business proprietary version filed on the next business day under 
Sec.  351.303(c)(2)(ii) (see Sec.  351.303(c)(2) and Sec.  351.304(c)); 
and
    (vi) For public versions of business proprietary documents 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.''
    (e) Translation to English. A document submitted in a foreign 
language must be accompanied by an English translation of the entire 
document or of only pertinent portions, where appropriate, unless the 
Secretary waives this requirement for an individual document. A party 
must obtain the Department's approval for submission of an English 
translation of only portions of a document prior to submission to the 
Department.
    (f) Service of copies on other persons--(1)(i) In general. Except as 
provided in Sec.  351.202(c) (filing of petition), Sec.  351.207(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 the public version of a document or of the 
business proprietary version of a document containing only the server's 
own business proprietary information, on persons on the service list, 
may be made by facsimile transmission or other electronic transmission 
process, with the consent of the person to be served.
    (2) Certificate of service. Each document filed with the Department 
must include a certificate of service listing each person served 
(including agents), the type of document served, and the date and method 
of service on each person. The Secretary may refuse to accept any 
document that is not accompanied by a certificate of service.
    (3) Service requirements for certain documents--(i) Briefs. In 
addition to the certificate of service requirements contained in 
paragraph (f)(2) of this section, a person filing a case or rebuttal 
brief with the Department simultaneously must serve a copy of that brief 
on all persons on the service list and on any U.S. Government agency 
that has submitted a case or rebuttal brief in the segment of the 
proceeding. If, under Sec.  351.103(c), a person has designated an agent 
to receive service that is located in the United States, service on that 
person must be either by personal service on the same day the brief is 
filed or by overnight mail or courier on the next day. If the person has 
designated an agent to receive service that is located outside the 
United States, service on that person must be by first class airmail.
    (ii) Request for review. In addition to the certificate of service 
requirements under paragraph (f)(2) of this section, an interested party 
that files with the Department a request for an expedited antidumping 
review, an administrative review, a new shipper review, or a changed 
circumstances review must serve a copy of the request by personal 
service or first class mail on each exporter or producer specified in 
the request and on the petitioner by the end of the anniversary month or 
within ten days of filing the request for review, whichever is later. If 
the interested party that files the request is unable to locate a 
particular exporter or producer, or the petitioner, the Secretary may 
accept the request for review if the Secretary is satisfied that the 
party made a reasonable attempt to serve a copy of the request on such 
person.
    (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's officially responsible for presentation of the 
factual information:


[[Page 247]]


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.

    (2) For the person's legal counsel or other representative:

I, (name), of (law or other firm), counsel or representative to 
(person), certify that (1) I have read the attached submission, and (2) 
based on the information made available to me by (person), I have no 
reason to believe that this submission contains any material 
misrepresentation or omission of fact.