[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: 19CFR210.31]

[Page 150-151]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
               Subpart E--Discovery and Compulsory Process
 
Sec. 210.31  Requests for admission.

    (a) Form, content, and service of request for admission. Any party 
may serve on any other party a written request for admission of the 
truth of any matters relevant to the investigation and set forth in the 
request that relate to statements or opinions of fact or of the 
application of law to fact, including the genuineness of any documents 
described in the request. Copies of documents shall be served with the 
request unless they have been otherwise furnished or are known to be, 
and in the request are stated as being, in the possession of the other 
party. Each matter as to which an admission is requested shall be 
separately set forth. The request may be served upon a party whose 
complaint is the basis for the investigation after the date of 
publication in the Federal Register of the notice of investigation. The 
administrative law judge will determine the period within which a party 
may serve a request upon other parties.
    (b) Answers and objections to requests for admissions. A party 
answering a request for admission shall repeat the request for admission 
immediately preceding his answer. The matter may be deemed admitted 
unless, within the period specified by the administrative law judge, the 
party to whom the request is directed serves upon the party requesting 
the admission a sworn written answer or objection addressed to the 
matter. If objection is made, the reason therefor shall be stated. The 
answer shall specifically deny the matter or set forth in detail the 
reasons why the answering party cannot truthfully admit or deny the 
matter. A denial shall fairly meet the substance of the requested 
admission, and when good faith requires that a party qualify his answer 
or deny only a part of the matter as to which an admission is requested, 
he shall specify so much of it as is true and qualify or deny the 
remainder. An answering party may not give lack of information or 
knowledge as a reason for failure to admit or deny unless he states that 
he has made reasonable inquiry and that the information known to or 
readily obtainable by him is insufficient to enable him to admit or 
deny. A party who considers that a matter as to which an admission has 
been requested presents a genuine issue for a hearing may not object to 
the request on that ground alone; he may deny the matter or set forth 
reasons why he cannot admit or deny it.
    (c) Sufficiency of answers. The party who has requested the 
admissions may move to determine the sufficiency of the answers or 
objections. Unless the objecting party sustains his burden of showing 
that the objection is justified, the administrative law judge shall 
order that an answer be served. If the administrative law judge 
determines that an answer does not comply with the requirements of this 
section, he may order either that the matter is admitted or that an 
amended answer be served. The administrative law judge may, in lieu of 
these orders, determine that final disposition of the request be made at 
a prehearing conference or at a designated time prior to a hearing under 
this part.
    (d) Effect of admissions; withdrawal or amendment of admission. Any 
matter admitted under this section may be conclusively established 
unless the administrative law judge on motion permits withdrawal or 
amendment of the admission. The administrative law judge may permit 
withdrawal or amendment when the presentation of the issues of the 
investigation will be subserved thereby and the party who obtained the 
admission fails to satisfy the administrative law judge that withdrawal 
or amendment will prejudice him in maintaining his position on the issue

[[Page 151]]

of the investigation. Any admission made by a party under this section 
is for the purpose of the pending investigation only and is not an 
admission by him for any other purpose, nor may it be used against him 
in any other proceeding.