[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: 19CFR210.18]

[Page 139-140]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
                           Subpart D--Motions
 
Sec. 210.18  Summary determinations.

    (a) Motions for summary determinations. Any party may move with any 
necessary supporting affidavits for a summary determination in his favor 
upon all or any part of the issues to be determined in the 
investigation. Counsel or other representatives in support of the 
complaint may so move at any time after 20 days following the date of 
service of the complaint and notice instituting the investigation. Any 
other party or a respondent may so move at any time after the date of 
publication of the notice of investigation in the Federal Register. Any 
such motion by any party in connection with the issue of permanent 
relief, however, must be filed at least 30 days before the date fixed 
for any hearing provided for in Sec. 210.36(a)(1). Any motion for 
summary determination filed in connection with the temporary relief 
phase of an investigation must be filed on or before the deadline set by 
the presiding administrative law judge.
    (b) Opposing affidavits; oral argument; time and basis for 
determination. Any nonmoving party may file opposing affidavits within 
10 days after service of the motion for summary determination. The 
administrative law judge may, in his discretion or at the request of any 
party, set the matter for oral argument and call for the submission of 
briefs or memoranda. The determination sought by the moving party shall 
be rendered if pleadings and any depositions, answers to 
interrogatories, and admissions on file, together with the affidavits, 
if any, show that there is no genuine issue as to any material fact and 
that the moving party is entitled to a summary determination as a matter 
of law.
    (c) Affidavits. Supporting and opposing affidavits shall be made on 
personal knowledge, shall set forth such facts as would be admissible in 
evidence, and shall show affirmatively that the affiant is competent to 
testify to the matters stated therein. Sworn or certified copies of all 
papers or parts thereof referred to in an affidavit shall be attached 
thereto or served therewith. The administrative law judge

[[Page 140]]

may permit affidavits to be supplemented or opposed by depositions, 
answers to interrogatories, or further affidavits. When a motion for 
summary determination is made and supported as provided in this section, 
a party opposing the motion may not rest upon the mere allegations or 
denials of the opposing party's pleading, but the opposing party's 
response, by affidavits, answers to interrogatories, or as otherwise 
provided in this section, must set forth specific facts showing that 
there is a genuine issue of fact for the evidentiary hearing under 
Sec. 210.36(a)(1) or (2). If the opposing party does not so respond, a 
summary determination, if appropriate, shall be rendered against the 
opposing party.
    (d) Refusal of application for summary determination; continuances 
and other orders. Should it appear from the affidavits of a party 
opposing the motion that the party cannot, for reasons stated, present 
by affidavit facts essential to justify the party's opposition, the 
administrative law judge may refuse the application for summary 
determination, or may order a continuance to permit affidavits to be 
obtained or depositions to be taken or discovery to be had or may make 
such other order as is appropriate, and a ruling to that effect shall be 
made a matter of record.
    (e) Order establishing facts. If on motion under this section a 
summary determination is not rendered upon the whole case or for all the 
relief asked and a hearing is necessary, the administrative law judge, 
by examining the pleadings and the evidence and by interrogating counsel 
if necessary, shall if practicable ascertain what material facts exist 
without substantial controversy and what material facts are actually and 
in good faith controverted. The administrative law judge shall thereupon 
make an order specifying the facts that appear without substantial 
controversy and directing such further proceedings in the investigation 
as are warranted. The facts so specified shall be deemed established.
    (f) Order of summary determination. An order of summary 
determination shall constitute an initial determination of the 
administrative law judge.