[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: 19CFR210.33]

[Page 152-153]
 
                        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. 210.33  Failure to make or cooperate in discovery; sanctions.

    (a) Motion for order compelling discovery. A party may apply to the 
administrative law judge for an order compelling discovery upon 
reasonable notice to other parties and all persons affected thereby.
    (b) Non-monetary sanctions for failure to comply with an order 
compelling discovery. If a party or an officer or agent of a party fails 
to comply with an order including, but not limited to, an order for the 
taking of a deposition or the production of documents, an order to 
answer interrogatories, an order issued pursuant to a request for 
admissions, or an order to comply with a subpoena, the administrative 
law judge, for the purpose of permitting resolution of relevant issues 
and disposition of the investigation without unnecessary delay despite 
the failure to comply, may take such action in regard thereto as is 
just, including, but not limited to the following:
    (1) Infer that the admission, testimony, documents, or other 
evidence would have been adverse to the party;
    (2) Rule that for the purposes of the investigation the matter or 
matters concerning the order or subpoena issued be taken as established 
adversely to the party;
    (3) Rule that the party may not introduce into evidence or otherwise 
rely upon testimony by the party, officer, or agent, or documents, or 
other material in support of his position in the investigation;
    (4) Rule that the party may not be heard to object to introduction 
and use of secondary evidence to show what the withheld admission, 
testimony, documents, or other evidence would have shown;
    (5) Rule that a motion or other submission by the party concerning 
the order or subpoena issued be stricken or rule by initial 
determination that a determination in the investigation be rendered 
against the party, or both; or
    (6) Order any other non-monetary sanction available under Rule 37(b) 
of the Federal Rules of Civil Procedure. Any such action may be taken by 
written or oral order issued in the course of the investigation or by 
inclusion in the initial determination of the administrative law judge. 
It shall be the duty of the parties to seek, and that of the 
administrative law judge to grant, such of the foregoing means of relief 
or other appropriate relief as may be sufficient to compensate for the 
lack of withheld testimony, documents, or other evidence. If, in the 
administrative law judge's opinion such relief would not be sufficient, 
the administrative law judge shall certify to the Commission a request 
that court enforcement of the subpoena or other discovery order be 
sought.
    (c) Monetary sanctions for failure to make or cooperate in 
discovery. (1) If a party or an officer, director, or managing agent of 
the party or person designated to testify on behalf of a party fails to 
obey an order to provide or permit discovery, the administrative law 
judge or the Commission may make such orders in regard to the failure as 
are just. In lieu of or in addition to taking action listed in paragraph 
(b) of this section and to the extent provided

[[Page 153]]

in Rule 37(b)(2) of the Federal Rules of Civil Procedure, the 
administrative law judge or the Commission, upon motion or sua sponte 
under Sec. 210.25, may require the party failing to obey the order or 
the attorney advising that party or both to pay reasonable expenses, 
including attorney's fees, caused by the failure, unless the 
administrative law judge or the Commission finds that the failure was 
substantially justified or that other circumstances make an award of 
expenses unjust. Monetary sanctions shall not be imposed under this 
section against the United States, the Commission, or a Commission 
investigative attorney.
    (2) Monetary sanctions may be imposed under this section to 
reimburse the Commission for expenses incurred by a Commission 
investigative attorney or the Commission's Office of Unfair Import 
Investigations. Monetary sanctions will not be imposed under this 
section to reimburse the Commission for attorney's fees.