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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
proprietary information which are available from the United States section of the Secretariat or the Central Records Unit, Room B8024, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230.
The application forms may be amended from time to time.
ii
B Not use any of the proprietary information not otherwise available to the applicant for purposes other than proceedings pursuant to Article 10.12 of the Agreement;
C Upon completion of the panel review, or at such earlier date as may be determined by the Department, destroy and certify to the Department the destruction of all documents released under the protective order and all other documents containing the proprietary information such as briefs, notes, or charts based on any such information received under the protective order;
and

3 Filing of applications. A person described in 356.9a, b, d, e, f, or g shall file the completed application with the United States section of the Secretariat which, in turn, shall provide the application to the Department. A letter of transmittal and proposed protective order must be included with the application.
4
i Persons described in 356.9b counsel, etc.. A person described in 356.9b who files an application before the expiration of the time period fixed under the Article 10.12 Binational Panel Rules for filing a Notice of Appearance in the panel review shall serve the application on each person listed on the service list in accordance with paragraphs b4ii and iii of this section. In any other case, such person shall serve the application on each participant, other than the investigating authority, in accordance with paragraphs b4ii and iii.
ii
B Sending a copy of the document to the service address of the participant by electronic means or by expedited delivery courier or expedited mail service;
C Personal service on the participant; or D Filing the document using the United States section of the Secretariats electronic filing platform.
iii Proof and date of service. A proof of service shall appear on, or be affixed to, the document. Where a document is served by expedited delivery courier or expedited mail service, the date of service set out in the affidavit of service
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or certificate of service shall be the day on which the document is consigned to the expedited delivery courier service or expedited mail service. If a document is served by electronic means, the date of service shall be the day on which the document is sent by the sender. If a document is filed using the United States section of the Secretariats electronic filing platform, the date of service shall be the date of filing.
5 Release to employees of panelists, committee members, and counsel or professionals. A person described in 356.9c, including a paralegal, law clerk, or secretary, may be permitted access to proprietary information disclosed under protective order by the counsel, professional, panelist, or extraordinary challenge committee member who retains or employs such person, if such person has agreed to the terms of the protective order issued to the counsel, professional, panelist, or extraordinary challenge committee member, by signing and dating a completed application for protective order of the representative counsel, professional, panelist or extraordinary challenge committee member in the location indicated in that application.

c
1
i Upon receipt by the Department of an application from a person described in 356.9a, the Department will issue a protective order authorizing disclosure of proprietary information included in the administrative record of the final determination that is the subject of the panel review at issue. The Department shall transmit the protective order to the United States section of the Secretariat which, in turn, shall transmit the order to the applicant and serve the order on each participant, other than the investigating authority, in accordance with paragraphs b4ii and iii of this section.

2
i Opportunity to object to disclosure.
The Department will not rule on an application filed by a person described in 356.9b until at least ten days after the request is filed, unless there is compelling need to rule more expeditiously. Unless the Department has indicated otherwise, any person may file an objection to the application within seven days of filing of the application. Any such objection shall state the specific reasons in the view of such person why the application should not be granted. The objection shall be served on the applicant and on all persons who were served with the
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application. Service shall be made in accordance with paragraphs b4ii and iii of this section. Any reply to an objection will be considered if it is filed before the Department renders a decision.

v Issuance of protective orders. If the Department issues a protective order to a person described in 356.9b, that person shall immediately file the protective order with the United States section of the Secretariat and shall serve the order on each participant, other than the investigating authority, in accordance with paragraphs b4ii and iii of this section.
3 Persons described in 356.9d or g Secretaries, etc., or court reporters, etc.. Upon receipt by the Department of an application from a person described in 356.9d or g, the Department will issue a protective order authorizing disclosure of proprietary information to the applicant. The Department shall transmit the protective order to the United States section of the Secretariat.
4
i Upon receipt by the Department of an application from a person described in 356.9e or f, the Department will issue a protective order authorizing disclosure of proprietary information included in the record of the panel review at issue. The Department shall transmit the protective order to the United States section of the Secretariat which, in turn, shall transmit the order to the applicant and serve the order on each participant, other than the investigating authority, in accordance with paragraphs b4ii and iii of this section.
d
2 Issuance of modification or revocation. If the Department modifies or revokes a protective order pursuant to this paragraph d, the Department shall transmit the modification or Notice of Revocation to the United States section of the Secretariat which, in turn, shall transmit the document to the person to whom the protective order was issued and serve the document on each participant, other than the investigating authority, in accordance with paragraphs b4ii and iii of this section.
11. In 356.11:
a. Revise paragraphs a1i, a2
and 3, a5 and 6, b1, b2ii and iii, and c1i;
b. Remove and reserve paragraph c1ii; and c. Revise paragraphs c2 and 3 and d2.
The revisions read as follows:

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09DER1