WT/DS379/R 
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ANNEX E 
  
PROCEDURES FOR THE PROT ECTION OF BUSINESS  
CONFIDENTIAL INFORMATION 
 
 
Contents Page 
Annex E-1 Procedures for the Protection of Business Confidential Information  E-2 
 WT/DS379/R 
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ANNEX E-1 
 
PROCEDURES FOR THE PROT ECTION OF BUSINESS  
CONFIDENTIAL INFORMATION 
 
(7 April 2009) 
   
UNITED STATES – DEFINITIVE ANTI-DUMPING AND COUNTERVAILING 
DUTIES ON CERTAIN PRODUCTS FROM CHINA 
 
(DS379) 
 
Additional Working Procedures of the Panel Concerning 
Business Confidential Information 
 
1. These procedures apply to any business conf idential information ("BCI"), defined as 
information previously submitted to the U.S. De partment of Commerce as confidential information 
protected by Administrative Protective Order in the course of the anti-dumping and countervailing duty investigations at issue (investigation nos. A-570-910, C-570-911, A-570-912, C-570-913, A-570-
914, C-570-915, A-570-916 and C-570-917), that a part y wishes to submit to the Panel.  However, 
these procedures do not apply to information that is av ailable in the public domain.  In addition, these 
procedures do not apply to any such BCI if the pe rson who provided the information in the course of 
the aforementioned investigations agrees in writing to  make the information publicly available.   
 
2. The first time that a party submits to the Panel BCI as defined above from an entity that 
submitted that information in any of the investigati ons cited in paragraph 1, the Panel requests that 
party also to provide, with a copy to the other part y, an authorizing letter from the entity.  That letter 
shall authorize both the United States and China to submit in this dispute, in accordance with these 
procedures, any confidential information submitted by th at entity in the course of those investigations.   
 
3. If an entity refuses to grant the authorization re ferred to in paragraph 2,  a party may bring the 
situation to the attention of the Panel.  The Panel shall consider what steps to take, which may include 
requesting information pursuant to Article 13 of the DSU.    4. No person may have access to BCI except a member of the Secretariat or the Panel, an 
employee of a party or third party, and an outside ad visor for the purposes of this dispute to a party or 
third party.  However, an outside advisor is not perm itted access to BCI if that advisor is an officer or 
employee of an enterprise engaged in the production, export, or import of the products that were the 
subject of the investigations cited in paragraph 1.    
5. A party or third party having access to BCI shall treat it as confidential, i.e., shall not disclose 
that information other than to those persons aut horized to receive it pursuant to these procedures.  
Each party and third party shall have responsibilit y in this regard for its employees as well as any 
outside advisors used for the purposes of this dis pute.  BCI obtained under these procedures may be 
used only for the purpose of providing information and argumentation in this dispute and for no other purpose.   
 
6. Any party or third party submitting or refe rring to BCI in any document, including written 
submissions and oral statements, shall mark the c over page and each page of such document with the  WT/DS379/R 
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notice "Contains Business Confidential Information" at the top of the page.  The specific information 
in question shall be placed between double brackets, as follows:  [[xx,xxx.xx]].   
 7. In the case of an oral statement containi ng BCI, the party or third party making such a 
statement shall inform the Panel in advance that the statement will contain BCI, and the Panel shall 
ensure that only persons authorized to have ac cess to BCI pursuant to these procedures are in the 
room to hear that statement.    8. The Panel shall not disclose BCI, in its report or  in any other way, to persons not authorized 
under these procedures to have access to BCI.  The Panel may, however, make statements of 
conclusion drawn from such information.   
 9. Submissions containing BCI w ill be included in the record fo rwarded to the Appellate Body 
in the event of an appeal of the Panel's Report.  
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