[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: 19CFR351.306]

[Page 251-252]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351_ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                   Subpart C_Information and Argument
 
Sec. 351.306  Use of business proprietary information.

    (a) By the Secretary. The Secretary may disclose business 
proprietary information submitted to the Secretary only to:
    (1) An authorized applicant;
    (2) An employee of the Department of Commerce or the International 
Trade Commission directly involved in the proceeding in which the 
information is submitted;
    (3) An employee of the Customs Service directly involved in 
conducting a fraud investigation relating to an antidumping or 
countervailing duty proceeding;
    (4) The U.S. Trade Representative as provided by 19 U.S.C. 3571(i);
    (5) Any person to whom the submitting person specifically authorizes 
disclosure in writing; and
    (6) A charged party or counsel for the charged party under 19 CFR 
part 354.
    (b) By an authorized applicant. An authorized applicant may retain 
business proprietary information for the time authorized by the terms of 
the administrative protective order. An authorized applicant may use 
business proprietary information for purposes of the segment of a 
proceeding in which the information was submitted. If business 
proprietary information that was submitted in a segment of the 
proceeding is relevant to an issue in a different segment of the 
proceeding, an authorized applicant may place such information on the 
record of the subsequent segment as authorized by the APO.
    (c) Identifying parties submitting business proprietary information. 
(1) If a party submits a document containing business proprietary 
information of another person, the submitting party must identify, 
contiguously with each

[[Page 252]]

item of business proprietary information, the person that originally 
submitted the item (e.g., Petitioner, Respondent A, Respondent B). 
Business proprietary information not identified will be treated as 
information of the person making the submission. If the submission 
contains business proprietary information of only one person, it shall 
so state on the first page and identify the person that originally 
submitted the business proprietary information on the first page.
    (2) If a party to a proceeding is not represented by an authorized 
applicant, a party submitting a document containing the unrepresented 
party's business proprietary information must serve the unrepresented 
party with a version of the document that contains only the 
unrepresented party's business proprietary information. The document 
must not contain the business proprietary information of other parties.
    (d) Disclosure to parties not authorized to receive business 
proprietary information. No person, including an authorized applicant, 
may disclose the business proprietary information of another person to 
any other person except another authorized applicant or a Department 
official described in paragraph (a)(2) of this section. Any person that 
is not an authorized applicant and that is served with business 
proprietary information must return it to the sender immediately, to the 
extent possible without reading it, and must notify the Department. An 
allegation of an unauthorized disclosure will subject the person that 
made the alleged unauthorized disclosure to an investigation and 
possible sanctions under 19 CFR part 354.

[63 FR 24403, May 4, 1998]