UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C.
`
`In the Matter of
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`CERTAIN STAINLESS STEEL PRODUCTS,
`CERTAIN PROCESSES FOR
`MANUFACTURING OR RELATING TO SAME
`AND CERTAIN PRODUCTS CONTAINING
`SAME
`
`Inv. 337-TA-933
`
`ORDER NO. 1:
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`PROTECTIVE ORDER
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`(October 10, 2014)
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`WHEREAS, documents and information may be sought, produced or exhibited by and among
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`the parties to the above captioned proceeding, which materials relate to trade secrets or other
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`confidential research, development or commercial information, as such terms are used in the
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`Commission's Rules, 19 C.F.R. § 210.5;
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`IT IS HEREBY ORDERED THAT:
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`l. Confidential business infonnation is information which concerns or relates to the trade
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`secrets, processes, operations, style of work, or apparatus, or to the production, sales, shipments,
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`purchases, transfers, identification of customers, inventories, amount or source of any income,
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`profits,
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`losses, or expenditures of any person, finn, partnership, corporation, or other
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`organization, or other infonnation of commercial value, the disclosure of which is likely to have
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`the effect of either (i) impairing the Commission‘s ability to obtain such information as is
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`necessary to perform its statutory functions; or (ii) causing substantial harm to the competitive
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`position of the person, finn, partnership, corporation, or other organization from which the
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`information was obtained, unless the Commission is required by law to disclose such
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`information. The term “confidential business infomiation” includes “proprietary infonnation”
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`within the meaning of section 777(b) of the Tariff Act of 1930 (19 U.S.C. § l677f(b)).
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`2(a). Any information submitted, in pre hearing discovery or in a pleading, motion, or
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`response to a motion either voluntarily or pursuant to order, in this investigation, which is
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`asserted by a supplier to contain or constitute confidential business information shall be so
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`designated by such supplier in writing, or orally at a deposition, conference or hearing, and shall
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`be segregated from other information being submitted. Documents shall be clearly and
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`prominently marked on their
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`face with the legend:
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`"CONFIDENTIAL BUSINESS
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`INFORMATION, SUBJECT TO PROTECTIVE ORDER," or a comparable notice.
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`Such
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`information, Whether submitted in writing or in oral testimony, shall be treated in accordance
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`with the terms of this protective order.
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`(b). The Administrative Law Judge or the Commission may determine that information
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`alleged to be confidential is not confidential, or that its disclosure is necessary for the proper
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`disposition of the proceeding, before, during or after the close of a hearing herein.
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`If such a
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`determination is made by the Administrative Law Judge or the Commission, opportunity shall be
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`provided to the supplier of such information to argue its confidentiality prior to the time of such
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`ruling.
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`3. In the absence of written permission from the supplier or an order by the Commission
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`or the Administrative Law Judge, any confidential documents or business information submitted
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`in accordance with the provisions of paragraph 2 above shall not be disclosed to any person other
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`than:
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`(i) outside counsel for parties to this investigation, including necessary secretarial and
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`support personnel assisting such counsel; (ii) qualified persons taking testimony involving such
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`documents or information and necessary stenographic and clerical personnel
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`thereof;
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`(iii)
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`technical experts and their staff who are employed for the purposes of this litigation (unless they
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`are otherwise employed by, consultants to, or otherwise affiliated with a non-governmental
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`party, or are employees of any domestic or foreign manufacturer, Wholesaler, retailer, or
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`distributor of the products, devices or component parts which are the subject of
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`this
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`investigation); (iv) the Commission, the Administrative Law Judge, the Commission staff, and
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`personnel of any governmental agency as authorized by the Commission; and (v) the
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`Commission,
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`its employees, and contract personnel who are acting in the capacity of
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`Commission employees, for developing or maintaining the records of this investigation or related
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`proceedings for which this information is submitted, or in internal audits and investigations
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`relating to the programs and operations of the Commission pursuant to 5 U.S.C. Appendix 3.1
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`4. Confidential business information submitted in accordance with the provisions of
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`paragraph 2 above shall not be made available to any person designated in paragraph 3(i)2 and
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`(iii) unless he or she shall have first read this order and shall have agreed, by letter filed with the
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`Secretary of this Commission:
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`(i) to be bound by the tenns thereof; (ii) not to reveal such
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`confidential business information to anyone other than another person designated in paragraph 3;
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`and (iii) to utilize such confidential business infonnation solely for purposes of this investigation.
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`5. If the Commission or the Administrative Law Judge orders, or if the supplier and all
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`parties to the investigation agree, that access to, or dissemination of information submitted as
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`confidential business information shall be made to persons not included in paragraph 3 above,
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`such matter shall only be accessible to, or disseminated to, such persons based upon the
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`1See Commission Administrative Order 97-06 (Feb. 4, 1997).
`2Necessary secretarial and support personnel assisting counsel need not sign onto the protective order themselves
`because they are covered by counsel’s signing onto the protective order.
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`conditions pertaining to, and obligations arising from this order, and such persons shall be
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`considered subject to it, unless the Commission or the Administrative Law Judge finds that the
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`information is not confidential business information as defined in paragraph l thereof.
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`6. Any confidential business information submitted to the Commission or
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`the
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`Administrative Law Judge in connection with a motion or other proceeding within the purview
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`of this investigation shall be submitted under seal pursuant to paragraph 2 above. Any portion of
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`a transcript
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`in connection with this
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`investigation containing any confidential business
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`infonnation submitted pursuant to paragraph 2 above shall be bound separately and filed under
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`seal. When any confidential business information submitted in accordance with paragraph 2
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`above is included in an authorized transcript of a deposition or exhibits thereto, arrangements
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`shall be made with the court reporter taking the deposition to bind such confidential portions and
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`separately label
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`them "CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO
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`PROTECTIVE ORDER." Before a court reporter or translator receives any such infonnation, he
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`or she shall have first read this order and shall have agreed in writing to be bound by the terms
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`thereof. Alternatively, he or she shall sign the agreement included as Attachment A hereto.
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`Copies of each such signed agreement shall be provided to the supplier of such confidential
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`business information and the Secretary of the Commission.
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`7. The restrictions upon, and obligations accruing to, persons who become subject to this
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`order shall not apply to any information submitted in accordance with paragraph 2 above to
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`which the person asserting the confidential status thereof agrees in Writing,or the Commission or
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`the Administrative Law Judge rules, after an opportunity for hearing, was publicly known at the
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`time it was supplied to the receiving party or has since become publicly known through no fault
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`of the receiving party.
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`8. The Commission, the Administrative Law Judge, and the Commission investigative
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`attorney acknowledge that any document or information submitted as confidential business
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`information pursuant to paragraph 2 above is to be treated as such within the meaning of 5
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`U.S.C. § 552(b)(4) and 18 U.S.C. § 1905, subject to a contrary ruling, after hearing, by the
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`Commission or its Freedom of Information Act Officer, or the Administrative Law Judge. When
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`such information is made part of a pleading or is offered into the evidentiary record, the data set
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`forth in 19 C.F.R. § 201.6 must be provided except during the time that the proceeding is
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`pending before the Administrative Law Judge. During that
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`time,
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`the party offering the
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`confidential business information must, upon request, provide a statement as to the claimed basis
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`for its confidentiality.
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`9. Unless a designation of confidentiality has been withdrawn, or a determination has
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`been made bythe Commission or the Administrative Law Judge that information designated as
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`confidential, is no longer confidential, the Commission, the Administrative Law Judge, and the
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`Commission investigative attomey shall take all necessary and proper steps to preserve the
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`confidentiality of, and to protect each supplier's rights with respect to, any confidential business
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`information designated by the supplier in accordance with paragraph 2 above, including, without
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`limitation:
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`(a) notifying the supplier promptly of (i) any inquiry or request by anyone for the
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`substance of or access to such confidential business information, other than those authorized
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`pursuant to this order, under the Freedom of Information Act, as amended (5 U.S.C. § 552) and
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`(ii) any proposal to redesignate or make public any such confidential business information; and
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`(b) providing the supplier at least seven days after receipt of such inquiry or request within which
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`to take action before the Cormnission,
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`its Freedom of Information Act Officer, or the
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`Administrative Law Judge, or otherwise to preserve the confidentiality of and to protect its rights
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`in, and to, such confidential business information.
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`10. If while an investigation is before the Administrative Law Judge, a party to this order
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`who is to be a recipient of any business information designated as confidential and submitted in
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`accordance with paragraph 2 disagrees with respect to such a designation, in full or in part, it
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`shall notify the supplier in writing, and they will thereupon confer as to the status of the subject
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`information proffered within the context of this order.
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`If prior to, or at the time of such a
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`conference, the supplier withdraws its designation of such infomiation as being subject to this
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`order, but nonetheless submits such infonnation for purposes of the investigation; such supplier
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`shall express the withdrawal, in writing, and serve such withdrawal upon all parties and the
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`Administrative Law Judge. If the recipient and supplier are unable to concur upon the status of
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`the subject information submitted as confidential business information within ten days from the
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`date of notification of such disagreement, any party to this order may raise the issue of the
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`designation of such a status to the Administrative Law Judge who will rule upon the matter. The
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`Administrative Law Judge may sua sponte question the designation of the confidential status of
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`any information and, after opportunity for hearing, may remove the confidentiality designation.
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`ll. No less than 10 days (or any other period of time designated by the Administrative
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`Law Judge) prior to the initial disclosure to a proposed expert of any confidential infomiation
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`submitted in accordance with paragraph 2, the party proposing to use such expert shall submit in
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`writing the name of such proposed expert and his or her educational and detailed employment
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`history to the supplier.
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`If the supplier objects to the disclosure of such confidential business
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`information to such proposed expert as inconsistent with the language or intent of this order or
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`on other grounds, it shall notify the recipient in writing of its objection and the grounds therefore
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`prior to the initial disclosure.
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`If the dispute is not resolved on an informal basis within ten days
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`of receipt of such notice of objections, the supplier shall submit immediately each objection to
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`the Administrative Law Judge for a ruling.
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`If the investigation is before the Commission the
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`matter shall be submitted to the Commission for resolution. The submission of such confidential
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`business information to such proposed expert shall be withheld pending the ruling of the
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`Commission or the Administrative Law Judge. The terms of this paragraph shall be inapplicable
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`to experts Within the Commission or to experts from other governmental agencies who are
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`consulted with or used by the Commission.
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`12.
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`If confidential business infonnation submitted in accordance with paragraph 2 is
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`disclosed to any person other than in the manner authorized by this protective order, the party
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`responsible for the disclosure must
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`immediately bring all pertinent
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`facts relating to such
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`disclosure to the attention of the supplier and the Administrative Law Judge and, without
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`prejudice to other rights and remedies of the supplier, make every effort to prevent further
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`disclosure by it or by the person who was the recipient of such information.
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`13. Nothing in this order shall abridge the right of any person to seek judicial review or
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`to pursue other appropriate judicial action with respect to any ruling made by the Commission,
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`its Freedom of Information Act Officer, or the Administrative Law Judge conceming the issue of
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`the status of confidential business infonnation.
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`14. Upon final termination of this investigation, each recipient of confidential business
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`information that is subject to this order shall assemble and return to the supplier all items
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`containing such infonnation submitted in accordance with paragraph 2 above, including all
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`copies of such matter which may have been made. Alternatively, the parties subject to this order
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`may, with the written consent of the supplier, destroy all items containing confidential business
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`information and certify to the supplier (or his counsel) that such destruction has taken place.
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`This paragraph shall not apply to the Commission, including its investigative attomey, and the
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`Administrative Law Judge, which shall retain such material pursuant to statutory requirements
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`and for other recordkeeping purposes, but may destroy those additional copies in its possession
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`which it regards as surplusage.
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`Notwithstanding the above paragraph, confidential business
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`information may be
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`transmitted to a district court pursuant to Commission Rule 2lO.5(c).
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`15.
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`If any confidential business infonnation which is supplied in accordance with
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`paragraph 2 above is supplied by a nonparty to this investigation, such a nonparty shall be
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`considered a "supplier" as that term is used in the context of this order.
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`16. Each nonparty supplier shall be provided a copy of this order by the party seeking
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`information from said supplier.
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`l7. The Secretary shall serve a copy of this order upon all parties.
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`heodore R Essex
`Administrative Law Judge
`
`S
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`Attachment A
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`NONDISCLOSURE AGREEMENT FOR REPORTER/STENOGRAPHER/TRANSLATOR
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`I,
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`, do solemnly swear or affinn that I will not divulge
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`any information communicated to me in any confidential portion of the investigation or hearing
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`in the matter of Certain Stainless Steel Products, Certain Processes for Manufacturing or
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`Relating to the Same and Certain Products Containing Same, Investigation No. 337-TA-933,
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`except as permitted in the protective order issued in this case.
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`I will not directly or indirectly
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`use, or allow the use of such information for any purpose other than that directly associated with
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`my official duties in this case.
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`Further, I will not by direct action, discussion, recommendation, or suggestion to any
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`person reveal the nature or content of any information communicated during any confidential
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`portion of the investigation or hearing in this case.
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`I also affirm that I do not hold any position or official relationship with any of the
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`participants in said investigation.
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`I am aware that the unauthorized use or conveyance of information as specified above is
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`a violation of the Federal Criminal Code and punishable by a fine of up to $10,000,
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`imprisonment of up to ten (10) years, or both.
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`Signed
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`Dated
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`Finn or affiliation
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`9
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`

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`CERTAIN STAINLESS STEEL PRODUCTS, CERTAIN
`PROCESSES FOR MANUFACTURING OR RELATING TO
`SAME AND CERTAIN PRODUCTS CONTAINING SAME
`
`Inv. No. 337-TA-933
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER NO. 1 has been served by
`hand upon the Commission Investigative Attorney, Reginald D. Lucas, Esq., and the following
`parties as indicated, on October 10, 2014.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Valbruna Slater Stainless. Inc.,
`Valbruna Stainless. Inc.. and Acciaierie Valbruna S.p.A. :
`
`Gregory J. Spak, Esq.
`WHITE & CASE LLP
`1155 Avenue of the Americas
`New York, NY 10036
`
`Resgondents:
`
`Viraj Profiles Limited
`10, Imperial Chambers, 1“ Floor
`Wilson Road, Ballard Estate
`Mumbai 400038, India
`
`Viraj Holdings P. Ltd.
`78, Abdul Rehman Street
`Chippi Chawl, Kalbadevi
`Mumbai 400003, India
`
`Viraj —U.S.A., Inc.
`100 Quentin Roosevelt Boulevard, Suite 505
`Garden City, NY l 1530
`
`Flanschenwerk Bebitz GmbH
`Lebendorfer StraBe 1
`Kdnnern 06420, Germany
`
`El Via Hand Delivery
`E] Via Express Delivery
`E Via First Class Mail
`El Other:
`
`U Via Hand Delivery
`El Via Express Delivery
`E Via First Class Mail
`El Other:
`
`[:1Via Hand Delivery
`Cl Via Express Delivery
`IZIVia First Class Mail
`El Other:
`
`[II Via Hand Delivery
`U Via Express Delivery
`Via First Class Mail
`El Other:
`
`U Via Hand Delivery
`U Via Express Delivery
`Via First Class Mail
`Cl Other:
`
`

`
`CERTAIN STAINLESS STEEL PRODUCTS, CERTAIN
`PROCESSES FOR MANUFACTURING OR RELATING TO
`SAME AND CERTAIN PRODUCTS CONTAINING SAME
`
`Inv. No. 337-TA 933
`
`Certificate of Service —Page 2
`
`Bebitz Flanges Work Pvt. Ltd.
`140/2 Saravalli Village, Palghar Road
`Boisar Dist Thane
`Maharashtra, India
`
`Bebitz U.S.A.
`100 Quentin Roosevelt Boulevard, Suite 505
`Garden City, NY 11530
`
`Ta Chen Stainless Pipe Co., Ltd.
`N0. 122, Yi-Lin Road,
`Rende Township Tainan
`71752 Taiwan
`
`Ta Chen International, Inc.
`5855 Obispo Avenue
`Long Beach, CA 90805
`
`El Via Hand Delivery
`El Via Express Delivery
`@ Via First Class Mail
`Cl Other:
`
`III Via Hand Delivery
`U Via Express Delivery
`E Via First Class Mail
`
`U Other:a"_*j—
`
`U Via Hand Delivery
`U Via Express Delivery
`Via First Class Mail
`El Other:
`
`II] Via Hand Delivery
`El Via Express Delivery
`Via First Class Mail
`El Other: