19 C.F.R. § 351.103

Central Records Unit and Administrative Protective Order and Dockets Unit

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(a) Enforcement and Compliance's Central Records Unit maintains a Public File Room in Room B8024, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230. The office hours of the Public File Room are between 8:30 a.m. and 5 p.m. Eastern Time on business days. Visitors to the Public File Room should consult the ACCESS website at https://access.trade.gov for information regarding in-person visits. Among other things, the Central Records Unit is responsible for maintaining an official and public record for each antidumping and countervailing duty proceeding (see § 351.104).

(b) Enforcement and Compliance's Administrative Protective Order and Dockets Unit (APO/Dockets Unit) is located in Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230. The office hours of the APO/Dockets Unit are between 8:30 a.m. and 5 p.m. Eastern Time on business days. Visitors to the APO/Dockets Unit should consult the ACCESS website at https://access.trade.gov for information regarding in-person manual filings. Among other things, the APO/Dockets Unit is responsible for receiving submissions from interested parties, issuing administrative protective orders (APOs), maintaining the APO service list and the public service list as provided for in paragraph (d) of this section, releasing business proprietary information under APO, and conducting APO violation investigations. The APO/Dockets Unit also is the contact point for questions and concerns regarding claims for business proprietary treatment of information and proper public versions of submissions under §§ 351.105 and 351.304.

(c) Filing of documents with the Department. No document will be considered as having been received by the Secretary unless it is electronically filed in accordance with § 351.303(b)(2)(i) or, where applicable, in accordance with § 351.303(b)(2)(ii), it is manually submitted to the Enforcement and Compliance's APO/Dockets Unit in Room 18022 and is stamped with the date, and, where necessary, the time, of receipt. A manually filed document must be submitted with a cover sheet, in accordance with § 351.303(b)(3).

(d) The APO/Dockets Unit will maintain and make available a public service list for each segment of a proceeding. The service list for an application for a scope ruling is described in § 351.225(n). The service list for a request for a circumvention inquiry is described in § 351.226(n).

(1) With the exception of a petitioner filing a petition in an investigation pursuant to § 351.202, an interested party filing a scope ruling application pursuant to § 351.225(c), an interested party filing a request for a circumvention inquiry pursuant to § 351.226(c), and those relevant parties identified by U.S. Customs and Border Protection in a covered merchandise referral pursuant to § 351.227, all persons wishing to participate in a segment of a proceeding must file an entry of appearance. The entry of appearance must identify the name of the interested party, how that party qualifies as an interested party under § 351.102(b)(29) and section 771(9) of the Act, and the name of the firm, if any, representing the interested party in that particular segment of the proceeding. All persons who file an entry of appearance and qualify as an interested party will be included in the public service list for the segment of the proceeding in which the entry of appearance is submitted. The entry of appearance may be filed as a cover letter to an application for APO access. If the representative of the interested party is not requesting access to business proprietary information under APO, the entry of appearance must be filed separately from any other document filed with the Department. If the interested party is a coalition or association as defined in subparagraph (A), (E), (F) or (G) of section 771(9) of the Act, the entry of appearance must identify all of the members of the coalition or association.

(2) Each interested party that asks to be included on the public service list for a segment of a proceeding must designate a person to receive service of documents filed in that segment.

[76 FR 39274, July 6, 2011, as amended at 80 FR 36473, June 25, 2015; 86 FR 52371, Sept. 20, 2021; 88 FR 67077, Sept. 29, 2023]

Notes of Decisions

Cited in 7 cases, 1999–2009 · leading case: Ferro Union, Inc. v. United States, 44 F. Supp. 2d 1310 (Ct. Intl. Trade 1999).

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Ferro Union, Inc. v. United States, 44 F. Supp. 2d 1310 (Ct. Intl. Trade 1999). “The wording changed in the 1998 regulations to read, "no document will be considered as having been received by the Secretary unless it is submitted to the Centra] Records Unit and is stamped by the Central Records Unit with the date and time of receipt.”

Cosco Home & Off. Prods. v. United States, 350 F. Supp. 2d 1294 (Ct. Intl. Trade 2004). · cites it 4× “On October 21, 2003, when Defendant-Intervenor contacted Feili and New-Tec regarding their review request, Feili and New-Tec apparently realized that “a copy of [their] official stamped request for review was not in [Commerce’s] Central Records Unit” in compliance with 19 C.F.R.…”

Nucor Corp. v. United States, 516 F. Supp. 2d 1348 (Ct. Intl. Trade 2007). · cites it 2× “The court observes that 19 C.F.R. § 351.103 (c) allows interested parties to request to be included on the service list for a segment of a proceeding.”

Dofasco Inc. v. United States, & United States Steel Corp., 390 F.3d 1370 (Fed. Cir. 2004). “19 C.F.R. § 351.103 (b) (2004). Thus every document that must be “received” by Commerce is a “filing.”

Bags on Net Corp. v. United States, 612 F. Supp. 2d 1341 (Ct. Intl. Trade 2009). · cites it 4× “” 19 C.F.R. § 351.103 (d)(1) (2008). Commerce’s regulations further require that "[e]ach interested party that asks to be included on the public service list for a segment of a proceeding must designate a person to receive service of documents filed .”

Huaiyang Hongda Dehydrated Vegetable Co. v. United Stateser, 2004 CIT 148 (Ct. Intl. Trade 2004). “See 19 C.F.R. § 351.103 (c). See, e.g., R 3. Counsel did not alert Commerce to the “error” at the time.”

Dofasco, Inc. v. United States (Fed. Cir. 2004). “19 C.F.R. § 351.103 (b) (2004). Thus every document that must be “received” by Commerce is a “filing.”

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