[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: 19CFR210.16]

[Page 138-139]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
                           Subpart D--Motions
 
Sec. 210.16  Default.

    (a) Definition of default. (1) A party shall be found in default if 
it fails to respond to the complaint and notice of investigation in the 
manner prescribed in Sec. 210.13 or Sec. 210.59(c), or otherwise fails 
to answer the complaint and notice, and fails to show cause why it 
should not be found in default.
    (2) A party may be found in default as a sanction for abuse of 
process, under Sec. 210.4(c), or failure to make or cooperate in 
discovery, under Sec. 210.33(b).
    (b) Procedure for determining default. (1) If a respondent has 
failed to respond or appear in the manner described in paragraph (a)(1) 
of this section, a party may file a motion for, or the administrative 
law judge may issue upon his own initiative, an order directing that 
respondent to show cause why it should not be found in default. If the 
respondent fails to make the necessary showing, the administrative law 
judge shall issue an initial determination finding the respondent in 
default. An administrative law judge's decision denying a motion for a 
finding of default under paragraph (a)(1) of this section shall be in 
the form of an order.
    (2) Any party may file a motion for issuance of, or the 
administrative law judge may issue on his own initiative, an initial 
determination finding a party in default for abuse of process under 
Sec. 210.4(c) or failure to make or cooperate in discovery. A motion for 
a finding of default as a sanction for abuse of process or failure to 
make or cooperate in discovery shall be granted by initial determination 
or denied by order.
    (3) A party found in default shall be deemed to have waived its 
right to appear, to be served with documents, and to contest the 
allegations at issue in the investigation.
    (c) Relief against a respondent in default. (1) After a respondent 
has been found in default by the Commission, the complainant may file 
with the Commission a declaration that it is seeking immediate entry of 
relief against the respondent in default. The facts alleged in the 
complaint will be presumed to be true with respect to the defaulting 
respondent. The Commission may issue an exclusion order, a cease and 
desist order, or both, affecting the defaulting respondent only after 
considering the effect of such order(s) upon the public health and 
welfare, competitive conditions in the U.S. economy, the production of 
like or directly competitive articles in the United States, and U.S. 
consumers, and concluding that the order(s) should still be issued in 
light of the aforementioned public interest factors.
    (2) In any motion requesting the entry of default or the termination 
of the investigation with respect to the last remaining respondent in 
the investigation, the complainant shall declare whether it is seeking a 
general exclusion order. The Commission may issue a general exclusion 
order pursuant to section 337(g)(2) of the Tariff Act of 1930, 
regardless of the source or importer of the articles concerned, provided 
that a violation of section 337 of the Tariff Act of 1930 is established 
by

[[Page 139]]

substantial, reliable, and probative evidence, and only after 
considering the aforementioned public interest factors and the 
requirements of Sec. 210.50(c).

[59 FR 39039, Aug. 1, 1994, as amended at 59 FR 67627, Dec. 30, 1994]