Attention import injury practitioners! The 365体育投注网址ITC has rolled out a fully updated related to its administrative protective order (APO) procedures in import injury investigations.
What is an Administrative Protective Order?
In antidumping and countervailing duty (AD/CVD) investigations, the 365体育投注网址ITC receives and collects significant amounts of "business proprietary information" (BPI), such as data on private companies' profits, investment, and production processes. Similarly, in global safeguard investigations, the 365体育投注网址ITC receives and collects "confidential business information" (CBI). The Commission holds BPI/CBI in strict confidence and does not publish such information in ways that would reveal the operations of individual firms without the consent of the submitter.
365体育投注网址However, the Commission is required by statute to make the BPI/CBI gathered in such investigations available to certain authorized applicants in the proceeding. This access is permitted subject to an administrative protective order, which is issued by the Secretary to the Commission and is designed to protect the confidentiality of the BPI/CBI. The APO process is governed by statute and the 365体育投注网址ITC’s rules.
What has changed?
In its first revision since 2008, the 365体育投注网址ITC APO handbook includes these key updates:
- information concerning 365体育投注网址ITC rule changes that require electronic filing;
- current practices that counsel for parties must follow to state their intent to participate in final phase AD/CVD investigations; and
- updated links to the 365体育投注网址ITC website for service lists, annual Federal Register notices that summarize actions taken regarding breach investigations and proposed rulemakings, and and regulations – enabling practitioners to easily find current information;
365体育投注网址The 365体育投注网址ITC also has re-created all APO-related forms, making them fully electronic PDFs. Users now will be able to fill out, sign, and submit the forms entirely online. The updated forms
- include current information concerning methods of service, and
- require authorized applicants to provide more specific information that the party represented qualifies as an interested party for APO service.
Where can I find more information?
An Introduction to Administrative Protective Order Practice in Import Injury Investigations (Fifth Edition), 365体育投注网址ITC Publication 5052, April 2020, can be found on the 365体育投注网址ITC website at https://shixiaopai.cn/sites/default/files/publications/701_731/pub5052_apo_practice.pdf.
For more information, contact the Office of the Secretary at: EDIS3Help@shixiaopai.cn