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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations cc
3 With respect to a panel review of a final determination made in the United States, business proprietary information under section 777f of the Act 19 U.S.C. 1677ff and information the disclosure of which the Department has decided is limited under the procedures adopted pursuant to Article 10.12.14 of the Agreement, including business or trade secrets; production costs; terms of sale; prices of individual sales, likely sales, or offers; names of customers, distributors, or suppliers;
exact amounts of the subsidies received and used by a person; names of particular persons from whom proprietary information was obtained;
and any other business information the release of which to the public would cause substantial harm to the competitive position of the submitter;

ee Scope determination or class or kind of merchandise determination means a determination by the Department, reviewable under section 516Aa2Bvi of the Act 19 U.S.C.
1516aa2Bvi, as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or an antidumping or countervailing duty order covering free trade area country merchandise.
ff Secretariat means the Secretariat established pursuant to Article 30.6 of the Agreement and includes the Secretariat sections located in Canada, Mexico, and the United States;

hh Service address means the address of the counsel of record for a person, including an electronic mail address submitted with that address, or, where a person is not represented by counsel, the address set out by the person in a Request for Panel Review, Complaint or Notice of Appearance as the address at which the person may be served, including an electronic mail address submitted with that address, or where a Change of Service Address has been filed by a person, the new service address set out as the service address in that form, including an electronic mail address submitted with that address;

kk United States section of the Secretariat means, for the purposes of filing, United States Secretary, USMCA
Secretariat, room 2061, U.S. Department of Commerce 14th and Constitution Avenue NW, Washington, DC 20230.
5. In 356.3, revise the introductory text to read as follows:

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356.3 Notice of intent to commence judicial review.

A party to a proceeding who intends to commence judicial review of a final determination made in the United States shall file a Notice of Intent to Commence Judicial Review, which shall contain such information, and be in such form, manner, and style, including service requirements, as prescribed by the Article 10.12 Binational Panel Rules, within 20 days after:

6. In 356.4, revise the introductory text to read as follows:
356.4

Request for panel review.

A party to a proceeding who seeks panel review of a final determination shall file a Request for Panel Review, which shall contain such information, and be in such form, manner, and style, including service requirements, as prescribed by the Article 10.12
Binational Panel Rules, within 30 days after:

7. Revise 356.6 to read as follows:
356.6 Receipt of notice of a class or kind of merchandise determination by the Government of a FTA country.

Where the Department has made a class or kind of merchandise determination, notice of such determination shall be deemed received by the Government of a FTA country:
a On the date of publication in the official publication of the determination; or b If the determination was not published in the official publication, on the date on which the Department conveys a copy of the determination to the electronic mail address provided by the Embassy of the FTA country during its normal business hours.
8. In 356.7, revise paragraphs a, b, and c to read as follows:
356.7 Request to determine when the Government of a FTA country received notice of a class or kind of merchandise determination.

a Pursuant to section 516Ag1 of the Act 19 U.S.C 1516ag10, any party to the proceeding may request in writing from the Department the date on which the Government of a FTA country received notice of a class or kind of merchandise determination made by the Department.
b A request shall be made by filing a request in accordance with the requirements set forth in 19 CFR
351.303b and 351.303d2 with the Secretary of Commerce, Attention:
Enforcement and Compliance, APO/
Dockets Unit, Room 18022, U.S.

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Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230. A letter of transmittal must be the first page of the request.
c The requesting party shall serve a copy of the Request to Determine When the Government of insert name of applicable FTA country Received Notice of a Class or Kind of Merchandise Determination on any interested party on the Departments service list in accordance with the service requirements listed in 19 CFR
351.303f.

9. In 356.8, revise paragraphs d1
and 2 to read as follows:
356.8 Continued suspension of liquidation.

d
1 A request for Continued Suspension of Liquidation must be filed with the Assistant Secretary for Enforcement and Compliance, Attention: APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230, in accordance with the requirements set forth in 19 CFR 351.303b and d2. A
letter of transmittal must be the first page of the request and be marked:
Panel ReviewRequest for Continued Suspension of Liquidation. The request may be made no earlier than the date on which the first request for binational panel review is filed.
2 The requesting party shall serve a copy of the Request for Continued Suspension of Liquidation on the United States Secretary and all parties to the proceeding in accordance with the requirements of 19 CFR 351.303f.

10. In 356.10:
a. Revise paragraphs b1i, b1iiB and C, b3, b4i, and b4iiB and C;
b. Add paragraph b4iiD;
c. Revise paragraphs b4iii, b5, and c1i;
d. Remove and reserve paragraph c1ii; and e. Revise paragraphs c2i and v, c3, c4i, and d2.
The revisions and addition read as follows:
356.10 Procedures for obtaining access to proprietary information.

b
1
i The Department has adopted application forms for disclosure of
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