[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR210.10]

[Page 132-133]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
Subpart B--Commencement of Preinstitution Proceedings and Investigations
 
Sec. 210.10  Institution of investigation.

    (a)(1) The Commission shall determine whether the complaint is 
properly filed and whether an investigation should be instituted on the 
basis of the complaint. That determination shall be made within 30 days 
after the complaint is filed, unless--
    (i) Exceptional circumstances preclude adherence to a 30-day 
deadline;
    (ii) Additional time is allotted under other sections of this part 
in connection with the preinstitution processing of a motion by the 
complainant for temporary relief;
    (iii) The complainant requests that the Commission postpone the 
determination on whether to institute an investigation; or
    (iv) The complainant withdraws the complaint.
    (2) If exceptional circumstances preclude Commission adherence to 
the 30-day deadline for determining whether to institute an 
investigation on the basis of the complaint, the determination will be 
made as soon after that deadline as possible.
    (3) If additional time is allotted in connection with the 
preinstitution processing of a motion by the complainant for temporary 
relief, the Commission will determine whether to institute an 
investigation and provisionally accept the motion within 35 days after 
the filing of the complaint or by a subsequent deadline computed in 
accordance with Sec. 210.53(a), Sec. 210.54, Sec. 210.55(b), 
Sec. 210.57, or Sec. 210.58 as applicable.
    (4) If the complainant desires to have the Commission postpone 
making a determination on whether to institute an investigation in 
response to the complaint, the complainant must file a written request 
with the Secretary. If the request is granted, the determination will be 
rescheduled for whatever date is appropriate in light of the facts.
    (5)(i) The complainant may withdraw the complaint as a matter of 
right at any time before the Commission votes on whether to institute an 
investigation. To effect such withdrawal, the complainant must file a 
written notice with the Commission. If the complaint is being withdrawn 
pursuant to a settlement agreement, a copy of the agreement must be 
filed with the Commission along with the notice of withdrawal. If the 
agreement contains confidential business information within the meaning 
of Sec. 201.6(a) of this chapter, at least one copy of the agreement 
with such information deleted shall accompany the motion, in addition to 
a copy of the confidential version.
    (ii) If a motion for temporary relief was filed in addition to the 
complaint,

[[Page 133]]

the motion must be withdrawn along with the complaint, and the 
complainant must serve copies of the notice of withdrawal on all 
proposed respondents and on the embassies that were served with copies 
of the complaint and motion pursuant to Sec. 210.54.
    (b) An investigation shall be instituted by the publication of a 
notice in the Federal Register. The notice will define the scope of the 
investigation and may be amended as provided in Sec. 210.14 (b) and (c).
    (c) If the Commission determines not to institute an investigation 
on the basis of the complaint, the complaint shall be dismissed, and the 
complainant and all proposed respondents will receive written notice of 
the Commission's action and the reason(s) therefor.