ITC Reports on Breaches of Confidential Info in Section 337 and AD/CVD Cases for 2012
The International Trade Commission issued its annual summary of violations of ITC administrative protective orders for calendar year 2012. The commission said no violations of APOs, which protect confidential business information, occurred during antidumping and countervailing duty proceedings in 2012, and no rules violations occurred either. Two violations of APOs occurred in Section 337 investigations.
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In one of the violations in Section 337 cases, an attorney and a translator discussed information with their client that should have been confidential. The information was taken from a rebuttal brief written by the lead attorney. As a result of the violation, the lead attorney was sent a private letter of reprimand and the other attorney and the translator were sent warning letters.
In the second APO violation, two attorneys breached an APO during an appeal of a Section 337 determination at the Court of Appeals for the Federal Circuit when they disclosed confidential information in a document filed as public. Each received a warning letter.
(Federal Register 12/30/13)