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Application For Disclosure Of Business Proprietary Information Under Adminstrative Protective Order Form. This is a Official Federal Forms form and can be use in US International Trade Commission.
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APO Application
Revised March 2005
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
APPLICATION FOR DISCLOSURE OF
BUSINESS PROPRIETARY INFORMATION
UNDER ADMINISTRATIVE PROTECTIVE ORDER
Inv. No(s).___________________________
(Name of Investigation(s))
I. Authorized applicant status
I, the undersigned, am an authorized applicant, as defined in section 207.7(a)(3) of the Commission's Rules of
Practice and Procedure (19 C.F.R. §207.7(a)(3), as amended), for the disclosure of business proprietary information
(BPI) under the administrative protective order (APO) issued in the above-captioned investigation. I represent the
following interested party, as defined in 19 U.S.C. §1677(9), which is a party to the investigation:
____________________________________________________________________________________________
(State the name of the interested party and its category, e.g., domestic producer, importer, etc.).
I am (check one):
( ) (1) An attorney, excepting in-house corporate counsel.
( ) (2) An in-house corporate attorney. I am not involved in competitive decisionmaking for the
interested party I represent. I have attached a written statement describing my job functions, disclosing all financial
holdings I may have in my employer or its affiliates, and indicating whether I am involved in the formulation of my
employer's pricing policies.
( ) (3) A consultant or expert under the direction and control of an attorney under paragraph (1) or
(2) above. That attorney has also signed this application to indicate that the attorney is held responsible for my
compliance with the APO:
_____________________________________________________________________________________
(Name of Attorney--Please Print)
(Signature of Attorney)
( ) (4) A consultant or expert who appears regularly before the Commission and is not involved in
competitive decisionmaking for the interested party I represent. I have attached a written statement listing my
appearances before the Commission in the past three (3) years.
( ) (5) A representative of an interested party that is not represented by counsel. I am not involved
in competitive decisionmaking for that interested party. I have attached a written statement describing my job
functions, disclosing all financial holdings I may have in the interested party I represent or its affiliates, and
indicating whether I am involved in the formulation of the interested party's pricing policies.
Competitive decisionmaking: As defined in section 207.7 of the Commission's rules, involvement in "competitive
decisionmaking" includes past, present, or likely future activities, associations, and relationships with an interested
party which is a party to the investigation that involve the prospective authorized applicant's advice or participation
in any of such party's decisions made in light of similar or corresponding information about a competitor (pricing,
product design, etc.).
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II. Request for information
I hereby apply for disclosure to me, subject to the APO issued in the above-captioned investigation, all BPI
properly disclosed pursuant to section 207.7 of the Commission's rules, for the purpose of representing an interested
party in the investigation and filing comments on the BPI so disclosed. I agree to be bound by the provisions of the
APO and section 207.7.
III. Sanctions and other actions for breach of the APO
I acknowledge that, pursuant to section 207.7(d) of the Commission's rules, breach of the APO may subject
me to:
(1) Disbarment from practice in any capacity before the Commission along with my partners, associates,
employer, and employees, for up to seven years following publication of a determination that the other has been
breached;
(2) Referral to the United States Attorney;
(3) In the case of an attorney, accountant, or other professional, referral to the ethics panel of the
appropriate professional association;
(4) Such other administrative sanctions as the Commission determines to be appropriate, including public
release of or striking from the record any information or briefs submitted by, or on behalf of, me or the party I
represent, denial of further access to business proprietary information in the current or any future investigations
before the Commission, and issuance of a public or private letter of reprimand; and
(5) Such other actions, including but not limited to, a warning letter, as the Commission determines to be
appropriate.
IV. Oath
I declare under penalty of perjury that the foregoing is true and correct. Executed on this
_______ day of _________________, __________, in __________________________________________.
(month)
(year)
(city, state)
_____________________________________
(Signature)
_____________________________________
(Name--Please Print)
_____________________________________
(Title--Please Print)
_____________________________________
(Firm--Please Print)
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