Page:United States Statutes at Large Volume 108 Part 6.djvu/319

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4887 "(A) IN GENERAL. —Except as provided in subsection (a)(4)(A) and subsection (c), information submitted to the administering authority or the Commission which is designated as proprietary by the person submitting the information shsLu not be disclosed to any person without the consent of the person submitting the information, other than— "(i) to ian officer or employee of the administerine authority or the Commission who is directly concerned with carrying out the iuvestigation in connection with which the information is submitted or any review under this title 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 title. 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 m 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), 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) SECTION 751 REVIEWS.— Section 777(b) (19 U.S.C. 1677f(b)) is amended by adding at the end the following: "(3) SECTION 751 REVIEWS. — Notwithstanding the provisions of paragraph (1), information submitted to the administering authority or the Commission in connection with a review under section 751(b) or 751(c) which is designated as proprietary by the person submitting the information may, if the review results m the revocation of an order or finding (or termination of a suspended investigation) under section 751(d), be used by the agency to which me information was originally submitted in any mvestigation initiated within 2 years after the date of the revocation or termination pursuant to a petition covering the same subject merchandise.". (b) UNWARRANTED PROPRIETARY DESIGNATION.— Section 777(b)(2) (19 U.S.C. 1677f(b)(2)) is amended by adding at the end the following new sentence: "In a case in which the administering
 * •( 1) PROPRIETARY STATUS MAINTAINED.—
 * (B) ADDITIONAL REQUIREMENTS.—The administering

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