19 USC 1677f: Privileged or Confidential Information

            
 
          Sec. 1677f. Access to information
(a) Information generally made available

                   (1) Public information function

        There shall be established a library of information relating to 
    foreign subsidy practices and countervailing measures. Copies of 
    material in the library shall be made available to the public upon 
    payment of the costs of preparing such copies.

                (2) Progress of investigation reports

        The administering authority and the Commission shall, from time 
    to time upon request,
    inform the parties to an investigation of the progress of that 
    investigation.

                        (3) Ex parte meetings

        The administering authority and the Commission shall maintain a 
    record of any ex parte meeting between--
            (A) interested parties or other persons providing factual 
        information in connection with a proceeding, and
            (B) the person charged with making the determination, or any 
        person charged with making a final recommendation to that 
        person, in connection with that proceeding,

    if information relating to that proceeding was presented or 
    discussed at such meeting. The record of such an ex parte meeting 
    shall include the identity of the persons present at the meeting, 
    the date, time, and place of the meeting, and a summary of the 
    matters discussed or submitted. The record of the ex parte meeting 
    shall be included in the record of the proceeding.

             (4) Summaries; non-proprietary submissions

        The administering authority and the Commission shall disclose--
            (A) any proprietary information received in the course of a 
        proceeding if it is disclosed in a form which cannot be 
        associated with, or otherwise be used to identify, operations of 
        a particular person, and
            (B) any information submitted in connection with a 
        proceeding which is not designated as proprietary by the person 
        submitting it.

(b) Proprietary information

                  (1) Proprietary status maintained

        (A) In general

            Except as provided in subsection (a)(4)(A) of this section 
        and subsection (c) of this section, information submitted to the 
        administering authority or the Commission which is designated as 
        proprietary by the person submitting the information shall not 
        be disclosed to any person without the consent of the person 
        submitting the information, other than--
                (i) to an officer or employee of the administering 
            authority or the Commission who is directly concerned with 
            carrying out the investigation in connection with which the 
            information is submitted or any review under this subtitle 
            covering the same subject merchandise, or
                (ii) to an officer or employee of the United States 
            Customs Service who is directly involved in conducting an 
            investigation regarding fraud under this subtitle.

        (B) Additional requirements

            The administering authority and the Commission shall require 
        that information for which proprietary treatment is requested be 
        accompanied by--
                (i) either--
                    (I) a non-proprietary summary in sufficient detail 
                to permit a reasonable understanding of the substance of 
                the information submitted in confidence, or
                    (II) a statement that the information is not 
                susceptible to summary accompanied by a statement of the 
                reasons in support of the contention, and

                (ii) either--
                    (I) a statement which permits the administering 
                authority or the Commission to release under 
                administrative protective order, in accordance with 
                subsection (c) of this section, the information 
                submitted in confidence, or
                    (II) a statement to the administering authority or 
                the Commission that the business proprietary information 
                is of a type that should not be released under 
                administrative protective order.

                     (2) Unwarranted designation

        If the administering authority of the Commission determines, on 
    the basis of the nature and extent of the information or its 
    availability from public sources, that designation of any 
    information as proprietary is unwarranted, then it shall notify the 
    person who submitted it and ask for an explanation of the reasons 
    for the designation. Unless that person persuades the administering 
    authority or the Commission that the designation is warranted, or 
    withdraws the designation, the administering authority or the 
    Commission, as the case may be, shall return it to the party 
    submitting it. In a case in which the administering authority or the 
    Commission returns the information to the person submitting it, the 
    person may thereafter submit other material concerning the subject 
    matter of the returned information if the submission is made within 
    the time otherwise provided for submitting such material.

                      (3) Section 1675 reviews

        Notwithstanding the provisions of paragraph (1), information 
    submitted to the administering authority or the Commission in 
    connection with a review under section 1675(b) or 1675(c) of this 
    title which is designated as proprietary by the person submitting 
    the information may, if the review results in the revocation of an 
    order or finding (or termination of a suspended investigation) under 
    section 1675(d) of this title, be used by the agency to which the 
    information was originally submitted in any investigation initiated 
    within 2 years after the date of the revocation or termination 
    pursuant to a petition covering the same subject merchandise.

(c) Limited disclosure of certain proprietary information under 
        protective order

       (1) Disclosure by administering authority or Commission

        (A) In general

            Upon receipt of an application (before or after receipt of 
        the information requested) which describes in general terms the 
        information requested and sets forth the reasons for the 
        request, the administering authority or the Commission shall 
        make all business proprietary information presented to, or 
        obtained by it, during a proceeding (except privileged 
        information, classified informa
        tion, and specific information of a type for which there is a 
        clear and compelling need to withhold from disclosure) available 
        to interested parties who are parties to the proceeding under a 
        protective order described in subparagraph (B), regardless of 
        when the information is submitted during a proceeding. Customer 
        names obtained during any investigation which requires a 
        determination under section 1671d(b) or 1673d(b) of this title 
        may not be disclosed by the administering authority under 
        protective order until either an order is published under 
        section 1671e(a) or 1673e(a) of this title as a result of the 
        investigation or the investigation is suspended or terminated. 
        The Commission may delay disclosure of customer names under 
        protective order during any such investigation until a 
        reasonable time prior to any hearing provided under section 
        1677c of this title.

        (B) Protective order

            The protective order under which information is made 
        available shall contain such requirements as the administering 
        authority or the Commission may determine by regulation to be 
        appropriate. The administering authority and the Commission 
        shall provide by regulation for such sanctions as the 
        administering authority and the Commission determine to be 
        appropriate, including disbarment from practice before the 
        agency.

        (C) Time limitation on determinations

            The administering authority or the Commission, as the case 
        may be, shall determine whether to make information available 
        under this paragraph--
                (i) not later than 14 days (7 days if the submission 
            pertains to a proceeding under section 1671b(a) or 1673b(a) 
            of this title) after the date on which the information is 
            submitted, or
                (ii) if--
                    (I) the person that submitted the information raises 
                objection to its release, or
                    (II) the information is unusually voluminous or 
                complex,

          not later than 30 days (10 days if the submission pertains to 
            a proceeding under section 1671b(a) or 1673b(a) of this 
            title) after the date on which the information is submitted.

        (D) Availability after determination

            If the determination under subparagraph (C) is affirmative, 
        then--
                (i) the business proprietary information submitted to 
            the administering authority or the Commission on or before 
            the date of the determination shall be made available, 
            subject to the terms and conditions of the protective order, 
            on such date; and
                (ii) the business proprietary information submitted to 
            the administering authority or the Commission after the date 
            of the determination shall be served as required by 
            subsection (d) of this section.

        (E) Failure to disclose

            If a person submitting information to the administering 
        authority refuses to disclose business proprietary information 
        which the administering authority determines should be released 
        under a protective order described in subparagraph (B), the 
        administering authority shall return the information, and any 
        nonconfidential summary thereof, to the person submitting the 
        information and summary and shall not consider either.

                  (2) Disclosure under court order

        If the administering authority denies a request for information 
    under paragraph (1), then application may be made to the United 
    States Customs Court for an order directing the administering 
    authority or the Commission to make the information available. After 
    notification of all parties to the investigation and after an 
    opportunity for a hearing on the record, the court may issue an 
    order, under such conditions as the court deems appropriate, which 
    shall not have the effect of stopping or suspending the 
    investigation, directing the administering authority or the 
    Commission to make all or a portion of the requested information 
    described in the preceding sentence available under a protective 
    order and setting forth sanctions for violation of such order if the 
    court finds that, under the standards applicable in proceedings of 
    the court, such an order is warranted, and that--
            (A) the administering authority or the Commission has denied 
        access to the information under subsection (b)(1) of this 
        section,
            (B) the person on whose behalf the information is requested 
        is an interested party who is a party to the investigation in 
        connection with which the information was obtained or developed, 
        and
            (C) the party which submitted the information to which the 
        request relates has been notified, in advance of the hearing, of 
        the request made under this section and of its right to appear 
        and be heard.

(d) Service

    Any party submitting written information, including business 
proprietary information, to the administering authority or the 
Commission during a proceeding shall, at the same time, serve the 
information upon all interested parties who are parties to the 
proceeding, if the information is covered by a protective order. The 
administering authority or the Commission shall not accept any such 
information that is not accompanied by a certificate of service and a 
copy of the protective order version of the document containing the 
information. Business proprietary information shall only be served upon 
interested parties who are parties to the proceeding that are subject to 
protective order; however, a nonconfidential summary thereof shall be 
served upon all other interested parties who are parties to the 
proceeding.
(e) Repealed. Pub. L. 103-465, title II, Sec. 231(d)(1), Dec. 8, 1994, 
        108 Stat. 4897

(f) Disclosure of proprietary information under protective orders issued 
        pursuant to the North American Free Trade Agreement or the 
        United States-Canada Agreement

                  (1) Issuance of protective orders

        (A) In general

            If binational panel review of a determination under this 
        subtitle is requested pursuant to article 1904 of the NAFTA or 
        the United States-Canada Agreement, or an extraordinary 
        challenge committee is convened under Annex 1904.13 of the NAFTA 
        or the United States-Canada Agreement, the administering 
        authority or the Commission, as appropriate, may make available 
        to authorized persons, under a protective order described in 
        paragraph (2), a copy of all proprietary material in the 
        administrative record made during the proceeding in question. If 
        the administering authority or the Commission claims a privilege 
        as to a document or portion of a document in the administrative 
        record of the proceeding in question and a binational panel or 
        extraordinary challenge committee finds that in camera 
        inspection or limited disclosure of that document or portion 
        thereof is required by United States law, the administering 
        authority or the Commission, as appropriate, may restrict access 
        to such document or portion thereof to the authorized persons 
        identified by the panel or committee as requiring access and may 
        require such persons to obtain access under a protective order 
        described in paragraph (2).

        (B) Authorized persons

            For purposes of this subsection, the term ``authorized 
        persons'' means--
                (i) the members of, and the appropriate staff of, the 
            binational panel or the extraordinary challenge committee, 
            as the case may be, and the Secretariat,
                (ii) counsel for parties to such panel or committee 
            proceeding, and employees, and persons under the direction 
            and control, of such counsel,
                (iii) any officer or employee of the United States 
            Government designated by the administering authority or the 
            Commission, as appropriate, to whom disclosure is necessary 
            in order to make recommendations to the Trade Representative 
            regarding the convening of extraordinary challenge 
            committees under chapter 19 of the NAFTA or the Agreement, 
            and
                (iv) any officer or employee of the Government of a free 
            trade area country (as defined in section 1516a(f)(10) of 
            this title) designated by an authorized agency of such 
            country to whom disclosure is necessary in order to make 
            decisions regarding the convening of extraordinary challenge 
            committees under chapter 19 of the NAFTA or the Agreement.

        (C) Review

            A decision concerning the disclosure or nondisclosure of 
        material under protective order by the administering authority 
        or the Commission shall not be subject to judicial review, and 
        no court of the United States shall have power or jurisdiction 
        to review such decision on any question of law or fact by an 
        action in the nature of mandamus or otherwise.

                  (2) Contents of protective order

        Each protective order issued under this subsection shall be in 
    such form and contain such requirements as the administering 
    authority or the Commission may determine by regulation to be 
    appropriate. The administering authority and the Commission shall 
    ensure that regulations issued pursuant to this paragraph shall be 
    designed to provide an opportunity for participation in the 
    binational panel proceeding, including any extraordinary challenge, 
    equivalent to that available for judicial review of determinations 
    by the administering authority or the Commission that are not 
    subject to review by a binational panel.

                         (3) Prohibited acts

        It is unlawful for any person to violate, to induce the 
    violation of, or knowingly to receive information the receipt of 
    which constitutes a violation of, any provision of a protective 
    order issued under this subsection or to violate, to induce the 
    violation of, or knowingly to receive information the receipt of 
    which constitutes a violation of, any provision of an undertaking 
    entered into with an authorized agency of a free trade area country 
    (as defined in section 1516a(f)(10) of this title) to protect 
    proprietary material during binational panel or extraordinary 
    challenge committee review pursuant to article 1904 of the NAFTA or 
    the United States-Canada Agreement.

          (4) Sanctions for violation of protective orders

        Any person, except a judge appointed to a binational panel or an 
    extraordinary challenge committee under section 3432(b) of this 
    title, who is found by the administering authority or the 
    Commission, as appropriate, after notice and an opportunity for a 
    hearing in accordance with section 554 of title 5 to have committed 
    an act prohibited by paragraph (3) shall be liable to the United 
    States for a civil penalty and shall be subject to such other 
    administrative sanctions, including, but not limited to, debarment 
    from practice before the administering authority or the Commission, 
    as the administering authority or the Commission determines to be 
    appropriate. The amount of the civil penalty shall not exceed 
    $100,000 for each violation. Each day of a continuing violation 
    shall constitute a separate violation. The amount of such civil 
    penalty and other sanctions shall be assessed by the administering 
    authority or the Commission by written notice, except that 
    assessment shall be made by the administering authority for 
    violation, inducement of a violation or receipt of information with 
    reason to know that such information was disclosed in violation, of 
    an undertaking entered into by any person with an authorized agency 
    of a free trade area country (as defined in section 1516a(f)(10) of 
    this title).
                       (5) Review of sanctions

        Any person against whom sanctions are imposed under paragraph 
    (4) may obtain review of such sanctions by filing a notice of appeal 
    in the United States Court of International Trade within 30 days 
    from the date of the order imposing the sanction and by 
    simultaneously sending a copy of such notice by certified mail to 
    the administering authority or the Commission, as appropriate. The 
    administering authority or the Commission shall promptly file in 
    such court a certified copy of the record upon which such violation 
    was found or such sanction imposed, as provided in section 2112 of 
    title 28. The findings and order of the administering authority or 
    the Commission shall be set aside by the court only if the court 
    finds that such findings and order are not supported by substantial 
    evidence, as provided in section 706(2) of title 5.

                    (6) Enforcement of sanctions

        If any person fails to pay an assessment of a civil penalty or 
    to comply with other administrative sanctions after the order 
    imposing such sanctions becomes a final and unappealable order, or 
    after the United States Court of International Trade has entered 
    final judgment in favor of the administering authority or the 
    Commission, an action may be filed in such court to enforce the 
    sanctions. In such action, the validity and appropriateness of the 
    final order imposing the sanctions shall not be subject to review.

               (7) Testimony and production of papers

        (A) Authority to obtain information

            For the purpose of conducting any hearing and carrying out 
        other functions and duties under this subsection, the 
        administering authority and the Commission, or their duly 
        authorized agents--
                (i) shall have access to and the right to copy any 
            pertinent document, paper, or record in the possession of 
            any individual, partnership, corporation, association, 
            organization, or other entity,
                (ii) may summon witnesses, take testimony, and 
            administer oaths,
                (iii) and may require any individual or entity to 
            produce pertinent documents, books, or records.

        Any member of the Commission, and any person so designated by 
        the administering authority, may sign subpoenas, and members and 
        agents of the administering authority and the Commission, when 
        authorized by the administering authority or the Commission, as 
        appropriate, may administer oaths and affirmations, examine 
        witnesses, take testimony, and receive evidence.

        (B) Witnesses and evidence

            The attendance of witnesses who are authorized to be 
        summoned, and the production of documentary evidence authorized 
        to be ordered, under subparagraph (A) may be required from any 
        place in the United States at any designated place of hearing. 
        In the case of disobedience to a subpoena issued under 
        subparagraph (A), an action may be filed in any district or 
        territorial court of the United States to require the attendance 
        and testimony of witnesses and the production of documentary 
        evidence. Such court, within the jurisdiction of which such 
        inquiry is carried on, may, in case of contumacy or refusal to 
        obey a subpoena issued to any individual, partnership, 
        corporation, association, organization or other entity, issue 
        any order requiring such individual or entity to appear before 
        the administering authority or the Commission, or to produce 
        documentary evidence if so ordered or to give evidence 
        concerning the matter in question. Any failure to obey such 
        order of the court may be punished by the court as a contempt 
        thereof.

        (C) Mandamus

            Any court referred to in subparagraph (B) shall have 
        jurisdiction to issue writs of mandamus commanding compliance 
        with the provisions of this subsection or any order of the 
        administering authority or the Commission made in pursuance 
        thereof.

        (D) Depositions

            For purposes of carrying out any functions or duties under 
        this subsection, the administering authority or the Commission 
        may order testimony to be taken by deposition. Such deposition 
        may be taken before any person designated by the administering 
        authority or Commission and having power to administer oaths. 
        Such testimony shall be reduced to writing by the person taking 
        the deposition, or under the direction of such person, and shall 
        then be subscribed by the deponent. Any individual, partnership, 
        corporation, association, organization or other entity may be 
        compelled to appear and depose and to produce documentary 
        evidence in the same manner as witnesses may be compelled to 
        appear and testify and produce documentary evidence before the 
        administering authority or Commission, as provided in this 
        paragraph.

        (E) Fees and mileage of witnesses

            Witnesses summoned before the administering authority or the 
        Commission shall be paid the same fees and mileage that are paid 
        witnesses in the courts of the United States.

(g) Information relating to violations of protective orders and 
        sanctions

    The administering authority and the Commission may withhold from 
disclosure any correspondence, private letters of reprimand, settlement 
agreements, and documents and files compiled in relation to 
investigations and actions involving a violation or possible violation 
of a protective order issued under subsection (c) or (d) of this 
section, and such information shall be treated as information described 
in section 552(b)(3) of title 5.

(h) Opportunity for comment by consumers and industrial users

    The administering authority and the Commission shall provide an 
opportunity for industrial users of the subject merchandise and, if the 
merchandise is sold at the retail level, for represent
ative consumer organizations, to submit relevant information to the 
administering authority concerning dumping or a countervailable subsidy, 
and to the Commission concerning material injury by reason of dumped or 
subsidized imports.

(i) Publication of determinations; requirements for final determinations

                           (1) In general

        Whenever the administering authority makes a determination under 
    section 1671a or 1673a of this title whether to initiate an 
    investigation, or the administering authority or the Commission 
    makes a preliminary determination under section 1671b or 1673b of 
    this title, a final determination under section 1671d of this title 
    or section 1673d of this title, a preliminary or final determination 
    in a review under section 1675 of this title, a determination to 
    suspend an investigation under this subtitle, or a determination 
    under section 1675b of this title, the administering authority or 
    the Commission, as the case may be, shall publish the facts and 
    conclusions supporting that determination, and shall publish notice 
    of that determination in the Federal Register.

               (2) Contents of notice or determination

        The notice or determination published under paragraph (1) shall 
    include, to the extent applicable--
            (A) in the case of a determination of the administering 
        authority--
                (i) the names of the exporters or producers of the 
            subject merchandise or, when providing such names is 
            impracticable, the countries exporting the subject 
            merchandise to the United States,
                (ii) a description of the subject merchandise that is 
            sufficient to identify the subject merchandise for customs 
            purposes,
                (iii)(I) with respect to a determination in an 
            investigation under part I of this subtitle or section 1675b 
            of this title or in a review of a countervailing duty order, 
            the amount of the countervailable subsidy established and a 
            full explanation of the methodology used in establishing the 
            amount, and
                (II) with respect to a determination in an investigation 
            under part II of this subtitle or in a review of an 
            antidumping duty order, the weighted average dumping margins 
            established and a full explanation of the methodology used 
            in establishing such margins, and
                (iv) the primary reasons for the determination; and

            (B) in the case of a determination of the Commission--
                (i) considerations relevant to the determination of 
            injury, and
                (ii) the primary reasons for the determination.

        (3) Additional requirements for final determinations

        In addition to the requirements set forth in paragraph (2)--
            (A) the administering authority shall include in a final 
        determination described in paragraph (1) an explanation of the 
        basis for its determination that addresses relevant arguments, 
        made by interested parties who are parties to the investigation 
        or review (as the case may be), concerning the establishment of 
        dumping or a countervailable subsidy, or the suspension of the 
        investigation, with respect to which the determination is made; 
        and
            (B) the Commission shall include in a final determination of 
        injury an explanation of the basis for its determination that 
        addresses relevant arguments that are made by interested parties 
        who are parties to the investigation or review (as the case may 
        be) concerning volume, price effects, and impact on the industry 
        of imports of the subject merchandise.

(June 17, 1930, ch. 497, title VII, Sec. 777, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 187; amended Pub. L. 98-573, 
title VI, Sec. 619, Oct. 30, 1984, 98 Stat. 3038; Pub. L. 99-514, title 
XVIII, Secs. 1886(a)(13), 1889(8), Oct. 22, 1986, 100 Stat. 2922, 
2926; Pub. L. 100-418, title I, Sec. 1332, Aug. 23, 1988, 102 Stat. 
1207; Pub. L. 100-449, title IV, Sec. 403(c), Sept. 28, 1988, 102 Stat. 
1884; Pub. L. 101-382, title I, Secs. 134(a)(4), 135(b), Aug. 20, 
1990, 104 Stat. 650, 651; Pub. L. 103-182, title IV, Sec. 412(c), Dec. 
8, 1993, 107 Stat. 2146; Pub. L. 103-465, title II, Secs. 226-228, 
231(b), (d)(1), Dec. 8, 1994, 108 Stat. 4886-4888, 4896, 4897.)
                               Amendments

    1994--Subsec. (a)(4). Pub. L. 103-465, Sec. 231(b), substituted 
``shall disclose'' for ``may disclose'' in introductory provisions.
    Subsec. (b)(1). Pub. L. 103-465, Sec. 226(a)(1), amended par. (1) 
generally, designating first sentence as subpar. (A), rearranging 
provisions for clarity, and inserting provisions in cl. (i) relating to 
reviews under this subtitle covering same subject merchandise, and 
designating second sentence as subpar. (B) with corresponding 
redesignations of former subpars. as cls. and cls. as subcls.
    Subsec. (b)(2). Pub. L. 103-465, Sec. 226(b), inserted at end ``In a 
case in which the administering authority or the Commission returns the 
information to the person submitting it, the person may thereafter 
submit other material concerning the subject matter of the returned 
information if the submission is made within the time otherwise provided 
for submitting such material.''
    Subsec. (b)(3). Pub. L. 103-465, Sec. 226(a)(2), added par. (3).
    Subsec. (e). Pub. L. 103-465, Sec. 231(d)(1), struck out heading and 
text of subsec. (e). Text read as follows: ``Information shall be 
submitted to the administering authority or the Commission during the 
course of a proceeding on a timely basis and shall be subject to comment 
by other parties within such reasonable time as the administering 
authority or the Commission shall provide. If information is submitted 
without an adequate opportunity for other parties to comment thereon, 
the administering authority or the Commission may return the information 
to the party submitting it and not consider it.''
    Subsecs. (h), (i). Pub. L. 103-465, Secs. 227, 228, added 
subsecs. (h) and (i).
    1993--Subsec. (f). Pub. L. 103-182, Sec. 412(c)(1), inserted ``the 
North American Free Trade Agreement or'' in heading.
    Subsec. (f)(1)(A). Pub. L. 103-182, Sec. 412(c)(2), (3), inserted 
``the NAFTA or'' before ``the United States-Canada Agreement'' in two 
places, in second sentence inserted ``or extraordinary challenge 
committee'' after ``binational panel'', and substituted ``identified by 
the panel or committee'' for ``identified by the panel''.
    Subsec. (f)(1)(B). Pub. L. 103-182, Sec. 412(c)(4), in cl. (iii), 
inserted ``the NAFTA or'' before ``the Agreement'' and in cl. (iv), 
inserted ``the NAFTA or'' before ``the Agreement'' and substituted 
``Government of a free trade area country (as defined in section 
1516a(f)(10) of this title) designated by an authorized agency of such 
country'' for ``Government of Canada designated by an authorized agency 
of Canada''.
    Subsec. (f)(2). Pub. L. 103-182, Sec. 412(c)(5), inserted ``, 
including any extraordinary challenge,'' after ``binational panel 
proceeding''.
    Subsec. (f)(3). Pub. L. 103-182, Sec. 412(c)(6), (7), substituted 
``agency of a free trade area country (as defined in section 
1516a(f)(10) of this title)'' for ``agency of Canada'' and inserted ``or 
extraordinary challenge committee'' after ``binational panel'' and ``the 
NAFTA or'' before ``the United States-Canada Agreement''.
    Subsec. (f)(4). Pub. L. 103-182, Sec. 412(c)(7), (8), inserted ``, 
except a judge appointed to a binational panel or an extraordinary 
challenge committee under section 3432(b) of this title,'' after ``Any 
person'' and substituted ``agency of a free trade area country (as 
defined in section 1516a(f)(10) of this title)'' for ``agency of 
Canada''.
    1990--Subsec. (c)(1)(A). Pub. L. 101-382, Sec. 135(b)(1), inserted 
at end ``Customer names obtained during any investigation which requires 
a determination under section 1671d(b) or 1673d(b) of this title may not 
be disclosed by the administering authority under protective order until 
either an order is published under section 1671e(a) or 1673e(a) of this 
title as a result of the investigation or the investigation is suspended 
or terminated. The Commission may delay disclosure of customer names 
under protective order during any such investigation until a reasonable 
time prior to any hearing provided under section 1677c of this title.''
    Subsec. (d). Pub. L. 101-382, Sec. 134(a)(4), redesignated subsec. 
(d), relating to disclosure of proprietary information, etc., as (f).
    Subsec. (f). Pub. L. 101-382, Sec. 134(a)(4), redesignated subsec. 
(d), relating to disclosure of proprietary information, etc., as (f).
    Subsec. (f)(1)(A). Pub. L. 101-382, Sec. 134(a)(4)(A), struck out 
``(but not privileged material as defined by the rules of procedure 
referred to in article 1904(14) of the United States-Canada Agreement)'' 
after ``all proprietary material'' and inserted at end ``If the 
administering authority or the Commission claims a privilege as to a 
document or portion of a document in the administrative record of the 
proceeding in question and a binational panel finds that in camera 
inspection or limited disclosure of that document or portion thereof is 
required by United States law, the administering authority or the 
Commission, as appropriate, may restrict access to such document or 
portion thereof to the authorized persons identified by the panel as 
requiring access and may require such persons to obtain access under a 
protective order described in paragraph (2).''
    Subsec. (f)(1)(B)(ii) to (iv). Pub. L. 101-382, Sec. 134(a)(4)(B), 
inserted ``, and persons under the direction and control,'' after 
``employees'' in cl. (ii), substituted ``make recommendations to the 
Trade Representative regarding the convening of extraordinary challenge 
committees under chapter 19 of the Agreement, and'' for ``implement the 
United States-Canada Agreement with respect to such proceeding.'' in cl. 
(iii), and added cl. (iv).
    Subsec. (f)(3). Pub. L. 101-382, Sec. 134(a)(4)(C), struck out 
``or'' after ``violate,'' in two places and inserted ``or knowingly to 
receive information the receipt of which constitutes a violation of,'' 
after ``the violation of,'' in two places.
    Subsec. (f)(4). Pub. L. 101-382, Sec. 134(a)(4)(D), inserted 
provisions relating to receipt of information with reason to know the 
information was disclosed in violation.
    Subsec. (g). Pub. L. 101-382, Sec. 135(b)(2), added subsec. (g).
    1988--Subsec. (b)(1)(B)(ii). Pub. L. 100-418, Sec. 1332(1), amended 
cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ``a 
statement that the information should not be released under 
administrative protective order.''
    Subsec. (c)(1)(A). Pub. L. 100-418, Sec. 1332(2)(A), amended subpar. 
(A) generally. Prior to amendment, subpar. (A) read as follows: ``Upon 
receipt of an application, (before or after receipt of the information 
requested) which describes with particularity the information requested 
and sets forth the reasons for the request, the administering authority 
and the Commission may make proprietary information submitted by any 
other party to the investigation available under a protective order 
described in subparagraph (B).''
    Subsec. (c)(1)(C) to (E). Pub. L. 100-418, Sec. 1332(2)(B), added 
subpars. (C) to (E).
    Subsec. (c)(2). Pub. L. 100-418, Sec. 1332(3), struck out ``or the 
Commission denies a request for proprietary information submitted by the 
petitioner or an interested party in support of the petitioner 
concerning the domestic price or cost of production of the like 
product,'' after ``information under paragraph (1),''.
    Subsec. (d). Pub. L. 100-449 added subsec. (d) relating to 
disclosure of proprietary information, etc.
    Pub. L. 100-418, Sec. 1332(4), added subsec. (d) relating to 
service.
    Subsec. (e). Pub. L. 100-418, Sec. 1332(4), added subsec. (e).
    1986--Subsec. (a)(4). Pub. L. 99-514, Sec. 1886(a)(13)(A), 
substituted ``non-proprietary'' for ``nonconfidential'' in heading, and 
``proprietary'' for ``confidential'' in two places in text.
    Subsec. (b). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted 
``Proprietary'' for ``Confidential'' in heading.
    Subsec. (b)(1). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted 
``Proprietary status'' for ``Confidentiality'' in heading, 
``proprietary'' for ``confidential'' in two places in introductory 
provisions, and ``non-proprietary'' for ``nonconfidential'' in subpar. 
(A)(i).
    Pub. L. 99-514, Sec. 1889(8), made technical correction to directory 
language of Pub. L. 98-573, Sec. 619(3), requiring no change in text. 
See 1984 Amendment note below.
    Subsec. (b)(1)(B)(i). Pub. L. 99-514, Sec. 1886(a)(13)(B), inserted 
``or the Commission'' after ``authority''.
    Subsec. (b)(2). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted 
``proprietary'' for ``confidential''.
    Subsec. (c). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted 
``proprietary'' for ``confidential'' in heading and in pars. (1)(A) and 
(2).
    1984--Subsec. (a)(3). Pub. L. 98-573, Sec. 619(1), amended par. (3) 
generally, substituting in provisions preceding subpar. (A) ``of any ex 
parte meeting'' for ``of ex parte meetings'', in subpar. (A) ``a 
proceeding'' for ``an investigation'', in subpar. (B) ``or any person'' 
for ``and any person'' and ``that proceeding,'' for ``that 
investigation,'' and, in provisions following subpar. (B), ``if 
information relating to that proceeding was presented or discussed at 
such meeting. The record of such an'' for ``The record of the''.
    Subsec. (b)(1). Pub. L. 98-573, Sec. 619(2), in first sentence, 
inserted provision referring to an officer or employee of the United 
States Customs Service who is directly involved in conducting an 
investigation regarding fraud under this subtitle.
    Pub. L. 98-573, Sec. 619(3), as amended by Pub. L. 99-514, 
Sec. 1889(8), amended second sentence generally, and thereby substituted 
``the Commission shall require'' for ``the Commission may require'', 
designated existing provisions as subpar. (A) and, in subpar. (A) as so 
designated, substituted ``either-- (i) a nonconfidential summary'' for 
``a non-confidential summary'', inserted designation ``(ii)'', 
substituted ``summary accompanied'' for ``summary, accompanied'', and 
added subpar. (B).
    Subsec. (c)(1)(A). Pub. L. 98-573, Sec. 619(4), inserted ``(before 
or after receipt of the information requested)''.
                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-465 effective, except as otherwise 
provided, on the date on which the WTO Agreement enters into force with 
respect to the United States [Jan. 1, 1995], and applicable with respect 
to investigations, reviews, and inquiries initiated and petitions filed 
under specified provisions of this chapter
after such date, see section 291 of Pub. L. 103-465, set out as a note 
under section 1671 of this title.
                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-182 effective on the date the North 
American Free Trade Agreement enters into force with respect to the 
United States [Jan. 1, 1994], but not applicable to any final 
determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or 
(iii) of this title, notice of which is published in the Federal 
Register before such date, or to a determination described in section 
1516a(a)(2)(B)(vi) of this title, notice of which is received by the 
Government of Canada or Mexico before such date, or to any binational 
panel review under the United States-Canada Free-Trade Agreement, or to 
any extraordinary challenge arising out of any such review that was 
commenced before such date, see section 416 of Pub. L. 103-182, set out 
as an Effective Date note under section 3431 of this title.
           Effective and Termination Dates of 1988 Amendments

    Amendment by Pub. L. 100-449 effective on date the United States-
Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to 
cease to have effect on date Agreement ceases to be in force, see 
section 501(a), (c) of Pub. L. 100-449, set out in a note under section 
2112 of this title.
    Amendment by Pub. L. 100-418 applicable with respect to 
investigations initiated after Aug. 23, 1988, and to reviews initiated 
under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see 
section 1337(b) of Pub. L. 100-418, set out as an Effective Date of 1988 
Amendment note under section 1671 of this title.
                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section 
626(a) of Pub. L. 98-573, set out as a note under section 1671 of this 
title.

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
United States Customs Service of the Department of the Treasury, 
including functions of the Secretary of the Treasury relating thereto, 
to the Secretary of Homeland Security, and for treatment of related 
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.
              Effect of Termination of NAFTA Country Status

    For provisions relating to effect of termination of NAFTA country 
status on the provisions of sections 401 to 416 of Pub. L. 103-182, see 
section 3451 of this title.
           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title 
XVIII [Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to 
any plan, such plan amendment shall not be required to be made before 
the first plan year beginning on or after Jan. 1, 1989, see section 1140 
of Pub. L. 99-514, as amended, set out as a note under section 401 of 
Title 26, Internal Revenue Code.