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ex parte meeting shall be included in the record of the

proceeding.

"(4) SUMMARIES; NONCONFIDENTIAL SUBMISSIONS.-The administéring authority and the Commission may disclose

"(A) any confidential information received in

the course of a proceeding if it is disclosed in a form which cannot be associated with, or otherwise be used to identify, operations of a particular person, and

“(B) any information submitted in connection with a proceeding which is not designated as confidential by the person submitting it.

"(b) CONFIDENTIAL INFORMATION.

"(1) CONFIDENTIALITY MAINTAINED.-Except

as provided in subsection (a)(4)(A) and subsection (c), information submitted to the administering authority or the Commission which is designated as confidential by the person submitting it shall not be disclosed to any person (other than an officer or employee of the administering authority or the Commission who is directly concerned with carrying out the investigation in connection with which the information is submitted) without the consent of the person submitting it. The administering authority and the Commission may require that

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information for which confidential treatment is re quested be accompanied by a non-confidential summary

in sufficient detail to permit a reasonable understanding

of the substance of the information submitted in confi

dence, or a statement that the information is not sus

ceptible to summary, accompanied by a statement of the reasons in support of the contention.

"(2) UNWARRANTED DESIGNATION.-If the administering authority or the Commission determines, on the basis of the nature and extent of the information or its availability from public sources, that designation of any information as confidential is unwarranted, then it shall notify the person who submitted it and ask for an explanation of the reasons for the designation. Unless that person persuades the administering authority or the Commission that the designation is warranted, or withdraws the designation, the administering authority or the Commission, as the case may be, shall return it to the party submitting it.

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"(c) LIMITED DISCLOSURE OF CERTAIN CONFIDEN21 TIAL INFORMATION UNDER PROTECTIVE ORDER.

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"(1) DISCLOSURE BY ADMINISTERING AUTHOR

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ITY OR COMMISSION.

"(A) IN GENERAL.-Upon receipt of an application, which describes with particularity the

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information requested and sets forth the reasons for the request, the administering authority and the Commission may make confidential information submitted by any other party to the investigation available under a protective order described in subparagraph (B).

"(B) PROTECTIVE ORDER.-The protective order under which information is made available shall contain such requirements as the administering authority or the Commission may determine by regulation to be appropriate. The administering authority and the Commission shall provide by regulation for such sanctions as the administering authority and the Commission determine to be appropriate, including disbarment from practice before the agency.

"(2) DISCLOSURE UNDER COURT ORDER.-If the administering authority denies a request for information under paragraph (1), or the Commission denies a request for confidential information submitted by the petitioner or an interested party in support of the petitioner concerning the domestic price or cost of production of the like product, then application may be made to the United States Customs Court for an order directing the administering authority or the Commission to make

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the information available. After notification of all par

ties to the investigation and after an opportunity for a hearing on the record, the court may issue an order, under such conditions as the court deems appropriate, which shall not have the effect of stopping or suspend

ing the investigation, directing the administering authority or the Commission to make all or a portion of the requested information described in the preceding sentence available under a protective order and setting forth sanctions for violation of such order if the court finds that, under the standards applicable in proceedings of the court, such an order is warranted, and that

“(A) the administering authority or the Commission has denied access to the information under subsection (b)(1),

"(B) the person on whose behalf the information is requested is an interested party who is a party to the investigation in connection with which the information was obtained or developed, and

"(C) the party which submitted the information to which the request relates has been notified, in advance of the hearing, of the request

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made under this section and of its right to appear and be heard.

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3 "SEC. 778. INTEREST ON CERTAIN OVERPAYMENTS AND UN

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DERPAYMENTS.

"(a) GENERAL RULE.-Interest shall be payable on 6 overpayments and underpayments of amounts deposited on 7 merchandise entered, or withdrawn from warehouse, for con8 sumption on and after the date on which notice of an affirma9 tive determination by the Commission under section 705(b) 10 or 735(b) with respect to such merchandise is published. 11

"(b) RATE.-The rate at which such interest is payable 12 shall be 8 percent per annum, or, if higher, the rate in effect 13 under section 6621 of the Internal Revenue Code of 1954 on 14 the date on which the rate or amount of the duty is finally 15 determined.".

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16 SEC. 102. PENDING INVESTIGATIONS.

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(a) PENDING INVESTIGATIONS OF BOUNTIES 18 GRANTS.-If, on the effective date of the application of title 19 VII of the Tariff Act of 1930 to imports from a country, 20 there is an investigation in progress under section 303 of that 21 Act as to whether a bounty or grant is being paid or bes22 towed on imports from such country, then:

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(1) If the Secretary of the Treasury has not yet made a preliminary determination under section 303 of that Act as to whether a bounty or grant is being paid