[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR351.105]

[Page 197-198]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351_ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                     Subpart A_Scope and Definitions
 
Sec. 351.105  Public, business proprietary, privileged, and classified 
information.

    (a) Introduction. There are four categories of information in an 
antidumping or countervailing duty proceeding: public, business 
proprietary, privileged, and classified. In general, public information 
is information that may be made available to the public, whereas 
business proprietary information may be disclosed (if at all) only to 
authorized applicants under an APO. Privileged and classified 
information may not be disclosed at all, even under an APO. This section 
describes the four categories of information.
    (b) Public information. The Secretary normally will consider the 
following to be public information:
    (1) Factual information of a type that has been published or 
otherwise made available to the public by the person submitting it;
    (2) Factual information that is not designated as business 
proprietary by the person submitting it;
    (3) Factual information that, although designated as business 
proprietary by the person submitting it, is in a form that cannot be 
associated with or otherwise used to identify activities of a particular 
person or that the Secretary determines is not properly designated as 
business proprietary;
    (4) Publicly available laws, regulations, decrees, orders, and other 
official documents of a country, including English translations; and
    (5) Written argument relating to the proceeding that is not 
designated as business proprietary.
    (c) Business proprietary information. The Secretary normally will 
consider the following factual information to be business proprietary 
information, if so designated by the submitter:
    (1) Business or trade secrets concerning the nature of a product or 
production process;
    (2) Production costs (but not the identity of the production 
components unless a particular component is a trade secret);
    (3) Distribution costs (but not channels of distribution);
    (4) Terms of sale (but not terms of sale offered to the public);
    (5) Prices of individual sales, likely sales, or other offers (but 
not components of prices, such as transportation, if based on published 
schedules, dates of sale, product descriptions (other than business or 
trade secrets described in paragraph (c)(1) of this section), or order 
numbers);
    (6) Names of particular customers, distributors, or suppliers (but 
not destination of sale or designation of type of customer, distributor, 
or supplier, unless the destination or designation would reveal the 
name);
    (7) In an antidumping proceeding, the exact amount of the dumping 
margin on individual sales;
    (8) In a countervailing duty proceeding, the exact amount of the 
benefit applied for or received by a person from each of the programs 
under investigation or review (but not descriptions of the operations of 
the programs, or

[[Page 198]]

the amount if included in official public statements or documents or 
publications, or the ad valorem countervailable subsidy rate calculated 
for each person under a program);
    (9) The names of particular persons from whom business proprietary 
information was obtained;
    (10) The position of a domestic producer or workers regarding a 
petition; and
    (11) Any other specific business information the release of which to 
the public would cause substantial harm to the competitive position of 
the submitter.
    (d) Privileged information. The Secretary will consider information 
privileged if, based on principles of law concerning privileged 
information, the Secretary decides that the information should not be 
released to the public or to parties to the proceeding. Privileged 
information is exempt from disclosure to the public or to 
representatives of interested parties.
    (e) Classified information. Classified information is information 
that is classified under Executive Order No. 12356 of April 2, 1982 (47 
FR 14874 and 15557, 3 CFR 1982 Comp. p. 166) or successor executive 
order, if applicable. Classified information is exempt from disclosure 
to the public or to representatives of interested parties.