#### § 207.91 Definitions.

Except as otherwise provided in this subpart, the definitions set forth in the Binational Panel Rules and the ECC Rules (as defined in this section) are applicable to this subpart and to any protective orders issued pursuant to this subpart. As used in this subpart—

*Administrative Law Judge* means the United States Government employee appointed under 5 U.S.C. 310(f) to conduct proceedings under this part in accordance with 5 U.S.C. 554.

*Agreement* means Article 10.12 of the Agreement between the United States of America, the United Mexican States (“Mexico”), and Canada entered into among these states, effective July 1, 2020 (“USMCA”); or, with respect to binational panel proceedings between either of Canada and the United States or Mexico and the United States underway as of the date of enactment of the Agreement, it means the Article 1904 of the North American Free Trade Agreement entered into between the governments of the United States of America, Mexico, and Canada, effective January 1, 1994 (“NAFTA”).

*Binational Panel Rules* means the Rules of Procedure for Article 10.12 published by the United States Trade Representative in 88 FR 10171, February 16, 2023, or, where applicable, Article 1904 of the NAFTA.

*Canadian Secretary* means the Secretary of the Canadian section of the Secretariat and includes any person authorized to act on the Secretary's behalf.

*Charged party* means a person who is charged by the Commission with committing a prohibited act under 19 U.S.C. 1677f(f)(3).

*Clerical person* means a person such as a paralegal, secretary, or law clerk who is employed or retained by and under the direction and control of an authorized applicant.

*Commission* means the United States International Trade Commission.

*Commission Secretary* means the Secretary to the Commission.

*Complaint* means the complaint referred to in the Binational Panel Rules.

*Counsel* means a person entitled to appear as counsel before a Federal court in the United States, consistent with the Binational Panel and ECC Rules, and counsel for an interested person who plans to file a timely complaint or notice of appearance in the panel review.

*Date of service* means the day a document is deposited in the mail, electronically sent, or delivered in person, as applicable.

*Days* means calendar days, but if a deadline falls on a weekend or United States Federal holiday, it will be extended to the next working day.

*ECC Rules* means the Rules of Procedure for Annex 10-B.3 published by the United States Trade Representative in 88 FR 10171, February 16, 2023, or, where applicable, Annex 1904.13 of the NAFTA.

*Extraordinary challenge committee* (“ECC”) means the committee established to review decisions of a panel or conduct of a panelist, pursuant to Annex 10-B.3 to Chapter 10 of the USMCA or to Annex 1904.13 of the NAFTA.

*Final determination* means “final determination” under Article 10.8 of the USMCA or Article 1911 of the NAFTA.

*Free Trade Area country* means the “free trade area country” as defined in 19 U.S.C. 1516a(f)(9).

*Investigative attorney* means an attorney designated by the Office of Unfair Import Investigations to engage in inquiries and proceedings under §§ 207.100 through 207.120.

*Mexican Secretary* means the Secretary of the Mexican section of the Secretariat and includes any persons authorized to act on the Secretary's behalf.

*Notice of appearance* means the notice of appearance provided for by the Binational Panel Rules or ECC Rules, as applicable.

*Panel review* means review of a final determination, including review by an extraordinary challenge committee, pursuant to Section D of Chapter 10 of the USMCA or Chapter 19 of the NAFTA.

*Party* means, for the purposes of §§ 207.100 through 207.120, either the investigative attorney(ies) or the charged party(ies).

*Person* means, for the purposes of §§ 207.100 through 207.120, an individual, partnership, corporation, association, organization, or other entity.

*Privileged information* means all information covered by the provisions of the second sentence of 19 U.S.C. 1677f(f)(1)(A).

*Professional* means an accountant, economist, engineer, or other non-legal specialist who is employed by, or under the direction and control, of a counsel.

*Prohibited act* means the violation of a protective order, the inducement of a violation of a protective order, or the knowing receipt of information the receipt of which constitutes a violation of a protective order.

*Proprietary information* means confidential business information as defined in 19 CFR 201.6(a).

*Protective order* means an administrative protective order issued by the Commission.

*Responsible Secretary* means the Secretary of the Section of the Secretariat located in the country in which the final determination under review was made.

*Secretariat* means the Secretariat established pursuant to Article 30.6 of the USMCA and Article 2002 of the NAFTA, and includes the Secretariat sections located in Canada, the United States, and Mexico.

*Service address* means the address filed with the Secretariat as the service address for that person, including any electronic mail address submitted with that address.

*Service list* means the list maintained by the Commission Secretary under 19 CFR 201.11(d) of persons in the administrative proceeding leading to the final determination under panel review.

*United States Secretary* means the Secretary of the United States section of the Secretariat and includes any person authorized to act on the Secretary's behalf.

*USMCA Act* means the United States-Mexico-Canada Implementation Act, Public Law 116-113 (January 29, 2020).

[88 FR 14891, Mar. 10, 2023]