The Administrative Protective Order (" APO") system used in antidumping ("AD") and countervailing duty ("CVD") proceedings conducted by the U.S. Department of Commerce ("Commerce") and the U.S. International Trade Commission ("the Commission") imposes strict requirements on the submission of, and access to, confidential business information. Each agency's rules and practice are derived from Federal statute, and the penalties for non-compliance may be significant. U.S. APO practice and procedure has evolved over time to account for technological advances used in global law and commerce and at the Federal agencies themselves. This article summarizes the key requirements of U.S. APO practice and concludes that the U.S. system offers robust protection for the submission of business proprietary information ("BPI") in AD and CVD proceedings.
Global Trade and Customs Journal