[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: 19CFR351.104]

[Page 194-195]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 351--ANTIDUMPING AND COUNTERVAILING DUTIES--Table of Contents
 
                    Subpart A--Scope and Definitions
 
Sec.  351.104  Record of proceedings.

    (a) Official record--(1) In general. The Secretary will maintain in 
the Central Records Unit an official record of each antidumping and 
countervailing duty proceeding. The Secretary will include in the 
official record all factual information, written argument, or other 
material developed by, presented to, or obtained by the Secretary during 
the course of a proceeding that pertains to the proceeding. The official 
record will include government memoranda pertaining to the proceeding, 
memoranda of ex parte meetings, determinations, notices published in the 
Federal Register, and transcripts of hearings. The official record will 
contain material that is public, business proprietary, privileged, and 
classified. For purposes of section 516A(b)(2) of the Act, the record is 
the official record of each segment of the proceeding.
    (2) Material returned. (i) The Secretary, in making any 
determination under this part, will not use factual information, written 
argument, or other material that the Secretary returns to the submitter.
    (ii) The official record will include a copy of a returned document, 
solely for purposes of establishing and documenting the basis for 
returning the document to the submitter, if the document was returned 
because:
    (A) The document, although otherwise timely, contains untimely filed 
new factual information (see Sec.  351.301(b));
    (B) The submitter made a nonconforming request for business 
proprietary treatment of factual information (see Sec.  351.304);
    (C) The Secretary denied a request for business proprietary 
treatment of factual information (see Sec.  351.304);

[[Page 195]]

    (D) The submitter is unwilling to permit the disclosure of business 
proprietary information under APO (see Sec.  351.304).
    (iii) In no case will the official record include any document that 
the Secretary returns to the submitter as untimely filed, or any 
unsolicited questionnaire response unless the response is a voluntary 
response accepted under Sec.  351.204(d) (see Sec.  351.302(d)).
    (b) Public record. The Secretary will maintain in the Central 
Records Unit a public record of each proceeding. The record will consist 
of all material contained in the official record (see paragraph (a) of 
this section) that the Secretary decides is public information under 
Sec.  351.105(b), government memoranda or portions of memoranda that the 
Secretary decides may be disclosed to the general public, and public 
versions of all determinations, notices, and transcripts. The public 
record will be available to the public for inspection and copying in the 
Central Records Unit (see Sec.  351.103). The Secretary will charge an 
appropriate fee for providing copies of documents.
    (c) Protection of records. Unless ordered by the Secretary or 
required by law, no record or portion of a record will be removed from 
the Department.