Document: WT/DS379/R Page E-1 ANNEX E PROCEDURES FOR THE PROTECTION OF BUSINESS CONFIDENTIAL INFORMATION Contents Page Annex E-1 Procedures for the Protection of Business Confidential Information  E-2
Document codes: WT/DS379/R
Complainant: China
Respondent: U.S.
Third parties: Argentina, Australia, Bahrain, Brazil, Canada, EU, India, Japan, Kuwait, the State of, Mexico, Norway, Saudi Arabia, Taiwan, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. I, VI  GATT 1994Art. 1, 2, 10, 12, 13, 14, 19, 32  Subsidies and Countervailing Measures (SCM)Art. 1, 2, 6, 9, 18, Annex II  Anti-dumpingArt. 15  Protocol of Accession

ANNEX E

PROCEDURES FOR THE PROTECTION OF BUSINESS
CONFIDENTIAL INFORMATION

Contents Page
Annex E-1 Procedures for the Protection of Business Confidential Information E-2

ANNEX E-1

PROCEDURES FOR THE PROTECTION 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 that 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

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.