| last update: September 26, 2008 |
Antidumping Duties, Final Rule 62 FR 27295, May 19, 1997
Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634, January 22, 2008
| Explanatory Notes |
Sec. 351.303 Filing, format, translation, service, and certification of documents. |
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Documents which deviate, in any way, from the procedures and format set forth in the following, without explicit prior approval "will not be accepted by the APO/Dockets Unit". |
(a) Introduction. This section contains the procedural rules regarding filing, format, service, translation, and certification of documents and applies to all persons submitting documents to the Department for consideration in an antidumping or countervailing duty proceeding. (b) Where to file; time of filing. Persons must address and submit all documents to the Secretary of Commerce, Attention: Import Administration, APO/Dockets Unit, Room 1870, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, between the hours of 8:30 a.m. and 5:00 p.m. on business days (see Sec. 351.103(b)). If the applicable time limit expires on a non-business day, the Secretary will accept documents that are filed on the next business day. |
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As a courtesy, when filing a petition submit ten copies of the proprietary verion and six copies of the public version. This will be added as a requirement in an amendment to these regulations. If a document covers more than one case, submit proportionally more copies. e.g. if a document covers three cases, submit three times as many copies. |
(c) Number of copies; filing of business proprietary and public versions under the one-day lag rule; information in double brackets. (1) In general. Except as provided in paragraphs (c)(2) and (c)(3) of this section, a person must file six copies of each submission with the Department. |
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The above also applies to the one-day lag rule. For example, if the document covers five cases, submit five copies of it. The one-day lag rule may not be invoked for the filing of a petition. The final version and public version must be submitted all at once. |
(2) Application of the one-day lag rule. (i) Filing the business proprietary version. A person must file one copy of the business proprietary version of any document with the Department within the applicable time limit. Business proprietary version means the version of a document containing information for which a person claims business proprietary treatment under Sec. 351.304. |
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The 6 complete copies of the final version of a document filed under the one-day lag rule , and its 3 public versions must be submitted together at one time on the next business day. |
(ii) Filing the final business proprietary version; bracketing corrections. By the close of business one business day after the date the business proprietary version is filed under paragraph (c)(2)(i) of this section, a person must file six copies of the final business proprietary version of the document with the Department. The final business proprietary version must be identical to the business proprietary version filed on the previous day except for any bracketing corrections. Although a person must file six copies of the complete final business proprietary version with the Department, the person may serve other persons with only those pages containing bracketing corrections. (iii) Filing the public version. Simultaneously with the filing of the final business proprietary version under paragraph (c)(2)(ii) of this section, a person also must file three copies of the public version of such document (see Sec. 351.304(c)) with the Department. |
This is commonly referred to as the "APO version". |
(iv) Information in double brackets. If a person serves authorized applicants with a business proprietary version of a document that excludes information in double brackets pursuant to Sec. 351.304(b)(2), the person simultaneously must file with the Department one copy of those pages in which information in double brackets has been excluded. |
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This "cluster" of information must be visible on the top or cover page of the document, and the information given must refer to the content of the entire document. See attached sample cluster as used on a letter. It can also be used on the first page of a document using the "legal brief" format. |
(3) Computer media and printouts. The Secretary may require submission of factual information on computer media unless the Secretary modifies such requirements under section 782(c) of the Act (see Sec. 351.301(c)(2)(iv)). The computer medium must be accompanied by the number of copies of any computer printout specified by the Secretary. All information on computer media must be releasable under APO (see Sec. 351.305). (d) Format of copies. (1) In general. Unless the Secretary alters the requirements of this section, documents filed with the Department must conform to the specification and marking requirements under paragraph (d)(2) of this section or the Secretary may refuse to accept such documents for the official record of the proceeding. (2) Specifications and markings. A person must submit documents on letter-size paper, single-sided and double-spaced, and must securely bind each copy as a single document with any letter of transmittal as the first page of the document. A submitter must mark the first page of each document in the upper right-hand corner with the following information in the following format: (i) On the first line, except for a petition, indicate the Department case number; (ii) On the second line, indicate the total number of pages in the document including cover pages, appendices, and any unnumbered pages; (iii) On the third line, indicate whether the document is for an investigation, scope inquiry, circumvention inquiry, downstream product monitoring application, or review and, if the latter, indicate the inclusive dates of the review, the type of review, and the section number of the Act corresponding to the type of review; (iv) On the fourth line, indicate the Department office conducting the proceeding; (v) On the fifth and subsequent lines, indicate whether any portion of the document contains business proprietary information and, if so, list the applicable page numbers and state either ``Document May be Released Under APO'' or ``Document May Not be Released Under APO.'' Indicate ``Business Proprietary Treatment Requested'' on the top of each page containing business proprietary information. In addition, include the warning ``Bracketing of Business Proprietary Information is Not Final for One Business Day After Date of Filing'' on the top of each page containing business proprietary information in the copy of the business proprietary version filed under Sec. 351.303(c)(2)(i) (one-day lag rule). Do not include this warning in the copies of the final business proprietary version filed on the next business day under Sec. 351.303(c)(2)(ii) (see Sec. 351.303(c)(2) and Sec. 351.304(c)); and (vi) For public versions of business proprietary documents required under Sec. 351.304(c), complete the marking as required in paragraphs (d)(2)(i)-(v) of this section for the business proprietary document, but conspicuously mark the first page ``Public Version.'' (e) Translation to English. A document submitted in a foreign language must be accompanied by an English translation of the entire document or of only pertinent portions, where appropriate, unless the Secretary waives this requirement for an individual document. A party must obtain the Department's approval for submission of an English translation of only portions of a document prior to submission to the Department. (f) Service of copies on other persons. (1)(i) In general. Except as provided in Sec. 351.202(c) (filing of petition), Sec. 351.207(f)(1) (submission of proposed suspension agreement), and paragraph (f)(3) of this section, a person filing a document with the Department simultaneously must serve a copy of the document on all other persons on the service list by personal service or first class mail. (ii) Service of public versions or a party's own business proprietary information. Notwithstanding paragraphs (f)(1)(i) and (f)(3) of this section, service of the public version of a document or of the business proprietary version of a document containing only the server's own business proprietary information, on persons on the service list, may be made by facsimile transmission or other electronic transmission process, with the consent of the person to be served. (2) Certificate of service. Each document filed with the Department must include a certificate of service listing each person served (including agents), the type of document served, and the date and method of service on each person. The Secretary may refuse to accept any document that is not accompanied by a certificate of service. (3) Service requirements for certain documents. (i) Briefs. In addition to the certificate of service requirements contained in paragraph (f)(2) of this section, a person filing a case or rebuttal brief with the Department simultaneously must serve a copy of that brief on all persons on the service list and on any U.S. Government agency that has submitted a case or rebuttal brief in the segment of the proceeding. If, under Sec. 351.103(c), a person has designated an agent to receive service that is located in the United States, service on that person must be either by personal service on the same day the brief is filed or by overnight mail or courier on the next day. If the person has designated an agent to receive service that is located outside the United States, service on that person must be by first class airmail. (ii) Request for review. In addition to the certificate of service requirements under paragraph (f)(2) of this section, an interested party that files with the Department a request for an expedited antidumping review, an administrative review, a new shipper review, or a changed circumstances review must serve a copy of the request by personal service or first class mail on each exporter or producer specified in the request and on the petitioner by the end of the anniversary month or within ten days of filing the request for review, whichever is later. If the interested party that files the request is unable to locate a particular exporter or producer, or the petitioner, the Secretary may accept the request for review if the Secretary is satisfied that the party made a reasonable attempt to serve a copy of the request on such person. (g) Certifications. A person must file with each submission containing factual information the certification in paragraph (g)(1) of this section and, in addition, if the person has legal counsel or another representative, the certification in paragraph (g)(2) of this section: (1) For the person's officially responsible for presentation of the factual information: I, (name and title), currently employed by (person), certify that (1) I have read the attached submission, and (2) the information contained in this submission is, to the best of my knowledge, complete and accurate. (2) For the person's legal counsel or other representative: I, (name), of (law or other firm), counsel or representative to (person), certify that (1) I have read the attached submission, and (2) based on the information made available to me by (person), I have no reason to believe that this submission contains any material misrepresentation or omission of fact. |
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