[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: 19CFR357.111]

[Page 326-327]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 357--SHORT SUPPLY PROCEDURES--Table of Contents
 
Sec.  357.111  Public and proprietary information.

    (a) Any person who submits information in connection with a short 
supply review may designate that information, or any part thereof, as 
proprietary, thereby requesting that the Secretary treat that 
information as proprietary. The Secretary normally will not treat as 
proprietary any information not designated as proprietary by the 
submitter. The submitter must file four copies of a public version of 
the proprietary information, including any public summaries as 
substitutes for the portions for which the person has requested 
proprietary treatment. The submitter must conspicuously mark in the 
upper right corner of both versions, the words ``proprietary document'' 
or ``public version of proprietary document'', as appropriate. Each 
separate designation of information as proprietary shall be accompanied 
by:

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    (1) A full statement of the reason or reasons why the submitter 
believes that the information is entitled to proprietary treatment; and
    (2) Either (i) A full public summary or approximated presentation of 
all proprietary information, incorporated in the public version of the 
document (generally data in numerical form relating to prices and costs, 
operating rates, and deliveries of individual firms shall be presented 
in figures ranged within 10 percent of the actual figure); or,
    (ii) A statement that the information is not susceptible to such a 
summary or presentation, accompanied by a full statement of the reasons 
supporting this conclusion.
    (b) Proprietary treatment. The Secretary normally will consider the 
following factual information to be business proprietary, if so 
designated by the submitter:
    (1) Business or trade secrets concerning the nature of a product or 
production process, if unique or not known to the industry;
    (2) Price information;
    (3) Operating rates;
    (4) The names or identifiers of particular customers, distributors, 
or suppliers;
    (5) Normal and current order-to-delivery periods; and
    (6) Any other specific business information which the submitter can 
reasonably demonstrate would be likely to cause substantial harm to the 
submitter's competitive position if released.
    (c) Confidentiality maintained. Information that the Secretary 
designates as proprietary will not be disclosed to any person (other 
than officers or employees of the United States Government who are 
directly concerned with the short supply determination) without the 
consent of the submitter unless disclosure is ordered by a court of 
competent jurisdiction.
    (d) Public information. The Secretary normally will consider the 
following to be public information:
    (1) Factual information and written argument that is not designated 
business proprietary by the submitter;
    (2) Exact tonnages sought or offered for each product included in a 
request, if applicable;
    (3) Physical and mechanical properties of products offered as 
substitutes;
    (4) Product specifications;
    (5) End use(s) to which the product(s) will be put;
    (6) Suppliers contacted, when they were contacted, and the reasons 
they cannot supply the product, and
    (7) Offers by U.S. and foreign producers for the product that have 
been rejected.
    (e) Treatment of information where request for proprietary treatment 
is denied. If the Secretary denies a request for proprietary treatment 
of information submitted in connection with a request for a short supply 
allowance, or determines that information claimed not susceptible to a 
non-proprietary summary is in fact capable of such summary, the 
Secretary promptly will notify the submitter of that determination. 
Unless the submitter thereafter agrees that the information (including 
any summarized or approximated presented thereof) may be treated as 
public information, or provides a summary of matters found to be capable 
of such summary, such information (including any summarized approximated 
presentation thereof) will be returned to the submitter and not 
considered in the short supply determination.