###### Editorial Note on Part 354

#### Editorial Note:

Nomenclature changes to part 354 appear at 63 FR 24403, May 4, 1998, and at 78 FR 62418, Oct. 22, 2013.

#### § 354.2 Definitions.

For purposes of this part:

*Administrative protective order (APO)* means an administrative protective order described in section 777(c)(1) of the Tariff Act of 1930, as amended; APO Sanctions Board means the Administrative Protective Order Sanctions Board.

*Business proprietary information* means information the disclosure of which the Secretary has decided is limited under 19 CFR 351.105, or successor regulations;

*Charged party* means a person who is charged by the Deputy Under Secretary with violating a protective order;

*Chief Counsel* means the Chief Counsel for Trade Enforcement and Compliance or a designee;

*Date of service* means the day a document is deposited in the mail or delivered in person;

*Days* means calendar days, except that a deadline which falls on a weekend or holiday shall be extended to the next working day;

*Department* means the United States Department of Commerce;

*Deputy Under Secretary* means the Deputy Under Secretary for International Trade or a designee;

*Director* means the Senior APO Specialist or an office director under a Deputy Assistant Secretary, International Trade Administration, or a designee;

*Lesser included sanction* means a sanction of the same type but of more limited scope than the proposed sanction; thus a one-year bar on representations before the International Trade Administration is a lesser included sanction of a proposed seven-year bar;

*Parties* means the Department and the charged party or affected party in an action under this part;

*Presiding official* means the person authorized to conduct hearings in administrative proceedings or to rule on any motion or make any determination under this part, who may be an Administrative Law Judge, a Hearing Commissioner, or such other person who is not under the supervision or control of the Assistant Secretary for Enforcement and Compliance, the Deputy Under Secretary for International Trade, the Chief Counsel for Trade Enforcement and Compliance, or a member of the APO Sanctions Board;

*Proprietary information* means information the disclosure of which the Secretary has decided is limited under 19 CFR part 351 including business or trade secrets; production costs; distribution costs; terms of sale; prices of individual sales, likely sales, or offers; names of customers, distributors, or suppliers; exact amounts of the gross net subsidies received and used by a person; names of particular persons from whom proprietary information was obtained; and any other business information the release of which to the public would cause substantial harm to the competitive position of the submitter;

*Secretary* means the Secretary of Commerce or a designee;

Segment of the proceeding means a portion of an antidumping or countervailing duty proceeding that is reviewable under section 516A of the Tariff Act of 1930, as amended.

*Senior APO Specialist* means the Department employee under the Director for Policy and Analysis who leads the APO Unit and is responsible for directing Enforcement and Compliance's handling of business proprietary information;

*Under Secretary* means the Under Secretary for International Trade or a designee.

[63 FR 24403, May 4, 1998]