`
`December 15, 2020
`
`
`
`By Electronic Submission
`The Honorable Lisa R. Barton
`Secretary to the Commission
`United States International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`PUBLIC DOCUMENT
`No Confidential Version Filed
`
`Re:
`
`Fresh, Chilled, or Frozen Blueberries; Investigation Number TA-201-077 (Injury):
`Amended Administrative Protective Order Application
`
`Dear Secretary Barton:
`
`
`
`On behalf of Aneberries A.C., we hereby submit an amended application for access to
`
`business proprietary information under the Administrative Protective Order (“APO”) in the
`
`above-referenced investigation. This submission seeks to add an attorney, Francisco de
`
`Rosenzweig, and a trade analyst, Nicholas M. Seibert, to the APO (Number 21-31) issued to
`
`White & Case LLP in this proceeding.
`
`Please contact the undersigned if there are any questions regarding this submission.
`
`Sincerely,
`
`Gregory J. Spak
`White & Case LLP
`Counsel for Aneberries A.C.
`
`
`
`AMERICAS 102613490
`
`
`
`
`
`
`

`

`Fresh, Chilled, or Frozen Blueberries
`
`Investigation Number TA-201-077 (Injury)
`
`
`
`CERTIFICATE OF SERVICE
`I, Gregory J. Spak, of White & Case LLP, certify that a copy of the foregoing submission
`was served by email this 15th day of December 2020 on the following interested parties:
`
`Daniel L. Porter, Esq.
`Curtis, Mallet-Prevost, Colt & Mosie LLP
`1717 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`Email: dporter@curtis.com
`
`Stephan E. Becker, Esq.
`Pillsbury Winthrop Shaw Pittman LLP
`1200 Seventeenth Street, N.W.
`Washington, D.C. 20036
`Email: Stephan.becker@pillsburylaw.com
`
`Lynn Fischer Fox, Esq..
`Arnold & Porter Kaye Scholer, LLP
`601 Massachusetts Ave., N.W.
`Washington, D.C. 20001
`Email: lynn.fischerfox@arnoldporter.com
`
`Matthew R. Nicely, Esq.
`Akin Gump Strauss Hauer & Feld LLC
`2001 K Street, N.W.
`Washington, D.C. 20006-1037
`Email: mnicely@akingump.com
`
`Stephen J. Orava, Esq.
`King & Spalding LLC
`1700 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006-4706
`Email: sorava@kslaw.com
`
`tradeservice@kslaw.com
`
`Matthew J. Clark, Esq.
`Arent Fox LLP
`1717 K Street, N.W.
`Washington, D.C. 20006-5344
`Email: matthew.clark@arentfox.com
`
`Jack A. Levy, Esq.
`Cassidy Levy Kent (USA) LLP
`900 19th Street, N.W. Suite 400
`Washington, D.C. 20006
`Email: jlevy@cassidylevy.com
`
`records@cassidylevy.com
`
`Jeffrey S. Neeley, Esq.
`Husch Blackwell LLP
`750 17th Street, N.W. Suite 900
`Washington, D.C. 20006
`Email: Jeffrey.neeley@huschblackwell.com
`
`Thomas E. Skilton, Esq.
`Cameron LLP
`Suite 1200
`818 Connecticut Avenue, NW
`Washington, D.C. 20006
`Email: tskilton@cameronllp.com
`
`Lawrence J. Bogard, Esq.
`Neville Peterson LLP
`1400 16th Street, N.W. Suite 350
`Washington, D.C. 20036 202
`Email: lbogard@npwdc.com
`
`Thomas J. Trendl, Esq.
`Steptoe & Johnson LLP
`1330 Connecticut Avenue, NW
`Washington, D.C. 20036-1795
`Email: ttrendl@steptoe.com
`
`Adams Lee, Esq.
`Harris Bricken Sliwoski, LLP
`600 Stewart Street, Suite 1200
`Seattle, WA 98101
`Email adams@harrisbricken.com
`
`AMERICAS 102613490
`
`
`
`
`
`
`
`

`

`Fresh, Chilled, or Frozen Blueberries
`
`Investigation Number TA-201-077 (Injury)
`
`
`Spencer S. Griffith, Esq.
`Akin Gump Strauss Hauer & Feld LLP
`2001 K Street, NW
`Washington, D.C. 20006-1037
`Email: sgriffith@akingump.com
`
`Minister Pablo Rodriguez Brizuela
`Embassy of the Republic of Argentina
`1600 New Hampshire Avenue, N.W.
`Washington, D.C. 20009
`Email: econargusa@embassyofargentina.us
`
`eeeuu@mrecic.gov.ar
`
`Sibylle Zitko
`Senior Legal Advisor
`Delegation of the European Union
` to the United States of America
`2175 K Street NW
`Washington, DC 20037
`Email: Sibylle.Zitko@eeas.europa.eu
`
`Gabriel Braga
`Embassy of Brazil
`3006 Massachusetts Avenue, N.W.
`Washington, D.C. 20008
`Email: gabriel.braga@itamaraty.gov.br
`
`Alejandro Rodriguez, Counselor
`Embassy of Uruguay
`1913 I Street, N.W.
`Washington, D.C. 20006
`Email: dec.urueeuu@mrree.gub.uy
`
`urueeuu@mree.gub.uy
`
`Mr. Carlos Rabanal
`Director of Legal Coherence and Defense
` of the International Trade Commitments
`Ministry of Foreign Trade and Tourism
` of Peru
`Calle Uno Oeste N° 50, Urbanizacion Corpac.
`San Isidro, Lima 27, Peru.
`Email: crabanal@mincetur.gob.pe
`
`Elena G. Nosyreva
`Ministry of Economic Development
` of the Russian Federation
`Presnenskaya Naberezhnaya, 10/2
`Moscow, Russia, 125039
`Email: nosyrevaEG@economy.gov.ru
`
`Mr. Wijayanto, Commmercial Attaché
`Embassy of Indonesia
`2020 Massachusetts Avenue, NW
`Washington, D.C. 20036
`Email: wijayanto@embassyofindonesia.org
`
`Mrs. Pradnyawati
`Director of Trade of Defense
`Ministry of Trade of Indonesia
`JI. M. I. Ridwan Rais No. 5, Gedung ll Lt. 10
`Jakarta Pusat, Indonesia
`Email: pradnyawati@kemendag.go.id
`
`pradnyawati@gmail.com
`
`
`
`
`Gregory J. Spak
`
`
`
`
`
`AMERICAS 102613490
`
`
`
`
`
`
`
`

`

`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`United States
`Phone: 202-205-1802
`www.usitc.gov
`
`Safeguards APO Application
`
`USITC-073 (Rev. 5/2020)
`
`APPLICATION FOR DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMATION UNDER
`ADMINISTRATIVE PROTECTIVE ORDER
`Inv. No. - TA-201-077 (Injury)
`(Name of Investigation) Fresh, Chilled, or Frozen Blueberries
`
`A. Authorized applicant status
`
`I, the undersigned, am an authorized applicant, as defined in § 206.17(a)(3) of the Commission's Rules of Practice and Procedure (19 C.F.R. §
`206.17(a)(3), as amended), for the disclosure of confidential business information (“CBI”) under the administrative protective order (“APO”)
`issued in the above-captioned investigation. I represent the following interested party, as defined in 19 C.F.R. § 206.(a)(3)(iii), which is a party
`to the investigation:
`
` Aneberries A.C. (foreign producers/exporters)
`(State the name of the interested party and its category, e.g., domestic producer, importer, etc.)
`
`I certify that I am (check one):
`
`(1) An attorney, excepting in-house corporate counsel.
`
`(2) An in-house corporate attorney, I am not involved in competitive decision making 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)
`
`1
`
`(4) A consultant or expert who appears regularly before the Commission and is not involved in competitive decision making 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 decision making 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 decision making: As defined in § 206.17 of the Commission's rules, involvement in "competitive decision making" 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.).
`
`1 NOTICE: 18 U.S.C. § 1001 and other laws of the United States provide severe penalties for the submission of false, fictitious, or fraudulent statements on this form. Similar provisions may also be
`applicable under Canadian or Mexican law.
`
`Page 1 of 2
`
`

`

`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`United States
`Phone: 202-205-1802
`www.usitc.gov
`
`Safeguards APO Application
`
`USITC-073 (Rev. 5/2020)
`
`B. Request for Information
`
`I hereby apply for disclosure to me, subject to the APO issued in the above-captioned investigation, all CBI properly disclosed pursuant
`to § 206.17 of the Commission's rules, for the purpose of representing an interested party in the investigation and filing comments on the
`CBI so disclosed. I agree to be bound by the provisions of the APO and § 206.17 of the Commission Rules of Practice and Procedure.
`
`C. Sanctions and other actions for breach of the APO
`I acknowledge that, pursuant to section 206.17(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 order 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 confidential business
`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.
`
`Oath
`I declare under penalty of perjury under the laws of the United States of America, Canada, and Mexico, as applicable, that the foregoing is
`true and correct.
`
` 15th
`Executed on this
`
`
`
`
`
`
`(day)
`(Print or type full name) Francisco de Rosenzweig
`1
`(Signature)
`
` December
`day of
`
`(month)
`
`, in
` 2020
`(year)
`(Title) Partner
`(Firm) White & Case LLP
`
`Mexico City, Mexico
`(city,state)
`
`.
`
`1
`
` NOTICE: 18 U.S.C. § 1001 and other laws of the United States provide severe penalties for the submission of false, fictitious, or fraudulent statements on this form. Similar provisions may also be
`applicable under Canadian or Mexican law.
`
`Page 2 of 2
`
`

`

`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`United States
`Phone: 202-205-1802
`www.usitc.gov
`
`Safeguards APO Application
`
`USITC-073 (Rev. 5/2020)
`
`APPLICATION FOR DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMATION UNDER
`ADMINISTRATIVE PROTECTIVE ORDER
`Inv. No. - TA-201-077
`(Injury)
`(Name of Investigation) Fresh, Chilled, or Frozen Blueberries
`
`A. Authorized applicant status
`
`I, the undersigned, am an authorized applicant, as defined in § 206.17(a)(3) of the Commission's Rules of Practice and Procedure (19 C.F.R. §
`206.17(a)(3), as amended), for the disclosure of confidential business information (“CBI”) under the administrative protective order (“APO”)
`issued in the above-captioned investigation. I represent the following interested party, as defined in 19 C.F.R. § 206.(a)(3)(iii), which is a party
`to the investigation:
`
` Aneberries A.C. (foreign producers/exporters)
`(State the name of the interested party and its category, e.g., domestic producer, importer, etc.)
`
`I certify that I am (check one):
`
`(1) An attorney, excepting in-house corporate counsel.
`
`(2) An in-house corporate attorney, I am not involved in competitive decision making 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:
`
` Gregory J. Spak
`(Name of Attorney - Please Print)
`
`(Signature of Attorney)
`
`1
`
`(4) A consultant or expert who appears regularly before the Commission and is not involved in competitive decision making 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 decision making 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 decision making: As defined in § 206.17 of the Commission's rules, involvement in "competitive decision making" 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.).
`
`1 NOTICE: 18 U.S.C. § 1001 and other laws of the United States provide severe penalties for the submission of false, fictitious, or fraudulent statements on this form. Similar provisions may also be
`applicable under Canadian or Mexican law.
`
`Page 1 of 2
`
`

`

`U.S. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`United States
`Phone: 202-205-1802
`www.usitc.gov
`
`Safeguards APO Application
`
`USITC-073 (Rev. 5/2020)
`
` B. Request for Information
`
`
`
`
`
`I hereby apply for disclosure to me, subject to the APO issued in the above-captioned investigation, all CBI properly disclosed pursuant
`to § 206.17 of the Commission's rules, for the purpose of representing an interested party in the investigation and filing comments on the
`CBI so disclosed. I agree to be bound by the provisions of the APO and § 206.17 of the Commission Rules of Practice and Procedure.
`
` C. Sanctions and other actions for breach of the APO
`
`I acknowledge that, pursuant to section 206.17(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 order 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 confidential business
`
` 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.
`
`
`Oath
`
` declare under penalty of perjury under the laws of the United States of America, Canada, and Mexico, as applicable, that the foregoing is
`true and correct.
`
`
` 11th
` December
` 2020
`Executed on this day of , in .
`(day)
`(month)
`(year)
`(city,state)
`(Print or type full name) Nicholas M. Seibert
`(Title) Director of Trade Analysis
`1
`(Firm) White & Case LLP
`(Signature)
`
` I
`
`1
`
` NOTICE: 18 U.S.C. § 1001 and other laws of the United States provide severe penalties for the submission of false, fictitious, or fraudulent statements on this form. Similar provisions may also be
`applicable under Canadian or Mexican law.
`
`Page 2 of 2
`
`Washingon, DC
`
`