SG_APO Ap Safeguards APO Applilcation

Safeguards APO Application

Revised November 2018

UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC 20436

APPLICATION FOR DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMATION UNDER ADMINISTRATIVE PROTECTIVE ORDER

Inv. No. TA-

(Name of Investigation)

1. Authorized applicant status

I, the undersigned, am an authorized applicant, as defined in section 206.17(a)(3) of the Commission's Rules of Practice and Procedure (19 C.F.R. § 206.17(a)(3), as amended), for the disclosure of confidential business information (“CBI”) under the administrative protective order (“APO”) issued in the above-captioned investigation. I represent the following interested party, as defined in 19 C.F.R. §206(a)(3)(iii), which is a party to the investigation:

(State the name of the interested party and its category, e.g., domestic producer, importer, etc.).

I certify that I am (check one):

☐ (1) An attorney, excepting in-house corporate counsel.

☐ (2) An in-house corporate attorney, I am not involved in competitive decision making for the interested party I represent. I have attached a written statement describing my job functions, disclosing all financial holdings I may have in my employer or its affiliates, and indicating whether I am involved in the formulation of my employer's pricing policies.

☐ (3) A consultant or expert under the direction and control of an attorney under paragraph (1) or (2) above. That attorney has also signed this application to indicate that the attorney is held responsible for my compliance with the APO:

(Name of Attorney – Please Print)

(Signature)¹

☐ (4) A consultant or expert who appears regularly before the Commission and is not involved in competitive decision making for the interested party I represent. I have attached a written statement listing my appearances before the Commission in the past three (3) years.

☐ (5) A representative of an interested party that is not represented by counsel. I am not involved in competitive decision making for that interested party. I have attached a written statement describing my job functions, disclosing all financial holdings I may have in the interested party I represent or its affiliates, and indicating whether I am involved in the formulation of the interested party's pricing policies.

Competitive decision making: As defined in section 206.17 of the Commission's rules, involvement in "competitive decision making" includes past, present, or likely future activities, associations, and relationships with an interested party which is a party to the investigation that involve the prospective authorized applicant's advice or participation in any of such party's decisions made in light of similar or corresponding information about a competitor (pricing, product design, etc.).

2. Request for information

I hereby apply for disclosure to me, subject to the APO issued in the above-captioned investigation, all CBI properly disclosed pursuant to section 206.17 of the Commission's rules, for the purpose of representing an interested party in the investigation and filing comments on the CBI so disclosed. I agree to be bound by the provisions of the APO and section 206.17 of the Commission's Rules of Practice and Procedure.

3. Sanctions and other actions for breach of the APO

I acknowledge that, pursuant to section 206.17(d) of the Commission's rules, breach of the APO may subject me to:

1. Disbarment from practice in any capacity before the Commission along with my partners, associates, employer, and employees, for up to seven years following publication of a determination that the other has been breached;

2. Referral to the United States Attorney;

3. In the case of an attorney, accountant, or other professional, referral to the ethics panel of the appropriate professional association;

4. Such other administrative sanctions as the Commission determines to be appropriate, including public release of or striking from the record any information or briefs submitted by, or on behalf of, me or the party I represent, denial of further access to confidential business information in the current or any future investigations before the Commission, and issuance of a public or private letter of reprimand; and

5. Such other actions, including but not limited to, a warning letter, as the Commission determines to be appropriate.

Oath

I declare under penalty of perjury under the laws of the United States of America, Canada, and Mexico, as applicable, that the foregoing is true and correct.

Executed on this day of , in .

(day) (month) (year) (city, state)

(Print or type full name)

(Signature)²

(Title)

(Firm)

1 NOTICE: 18 U.S.C. § 1001 and other laws of the United States provide severe penalties for the submission of false, fictitious, or fraudulent statements on this form. Similar provisions may also be applicable under Canadian or Mexican law.

2 NOTICE: 18 U.S.C. § 1001 and other laws of the United States provide severe penalties for the submission of false, fictitious, or fraudulent statements on this form. Similar provisions may also be applicable under Canadian or Mexican law.