[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: 19CFR210.34]

[Page 153-154]
 
                        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. 210.34  Protective orders.

    (a) Issuance of protective order. Upon motion by a party or by the 
person from whom discovery is sought or by the administrative law judge 
on his own initiative, and for good cause shown, the administrative law 
judge may make any order that may appear necessary and appropriate for 
the protection of the public interest or that justice requires to 
protect a party or person from annoyance, embarrassment, oppression, or 
undue burden or expense, including one or more of the following:
    (1) That discovery not be had;
    (2) That the discovery may be had only on specified terms and 
conditions, including a designation of the time or place;
    (3) That discovery may be had only by a method of discovery other 
than that selected by the party seeking discovery;
    (4) That certain matters not be inquired into, or that the scope of 
discovery be limited to certain matters;
    (5) That discovery be conducted with no one present except persons 
designated by the administrative law judge;
    (6) That a deposition, after being sealed, be opened only by order 
of the Commission or the administrative law judge;
    (7) That a trade secret or other confidential research, development, 
or commercial information not be disclosed or be disclosed only in a 
designated way; and
    (8) That the parties simultaneously file specified documents or 
information enclosed in sealed envelopes to be opened as directed by the 
Commission or the administrative law judge. If the motion for a 
protective order is denied, in whole or in part, the Commission or the 
administrative law judge may, on such terms and conditions as are just, 
order that any party or person provide or permit discovery. The 
Commission also may, upon motion or sua sponte, issue protective orders 
or may continue or amend a protective order issued by the administrative 
law judge.
    (b) Unauthorized disclosure of information. If confidential business 
information submitted in accordance with the terms of a protective order 
is disclosed to any person other than in a manner authorized by the 
protective order, the party responsible for the disclosure must 
immediately bring all pertinent facts relating to such disclosure to the 
attention of the submitter of the information and the administrative law 
judge or the Commission, and, without prejudice to other rights and 
remedies of the submitter of the information, make every effort to 
prevent further disclosure of such information by the party or the 
recipient of such information.
    (c) Violation of protective order. Any individual who has agreed to 
be bound by the terms of a protective order issued pursuant to paragraph 
(a) of this section, and who is determined to have violated the terms of 
the protective order, may be subject to one or more of the following:
    (1) An official reprimand by the Commission;
    (2) Disqualification from or limitation of further participation in 
a pending investigation;
    (3) Temporary or permanent disqualification from practicing in any 
capacity before the Commission pursuant to Sec. 201.15(a) of this 
chapter;

[[Page 154]]

    (4) Referral of the facts underlying the violation to the 
appropriate licensing authority in the jurisdiction in which the 
individual is licensed to practice;
    (5) Sanctions of the sort enumerated in Sec. 210.33(b), or such 
other action as may be appropriate.

The issue of whether sanctions should be imposed may be raised on a 
motion by a party, the administrative law judge's own motion, or the 
Commission's own initiative in accordance with Sec. 210.25(a)(2). The 
Commission or the administrative law judge shall allow the parties to 
make written submissions and, if warranted, to present oral argument 
bearing on the issues of violation of a protective order and sanctions 
therefor. When the motion is addressed to the administrative law judge, 
he shall grant or deny a motion for sanctions by issuing an order.
    (d) Reporting requests for confidential business information--(1) 
Reporting Requirement. Each person subject to protective order issued 
pursuant to paragraph (a) of this section shall report in writing to the 
Commission immediately upon learning that confidential business 
information disclosed to him or her pursuant to the protective order is 
the subject of a subpoena, court or administrative order (other than an 
order of a court reviewing a Commission decision), discovery request, 
agreement, or other written request seeking disclosure, by him or any 
other person, of that confidential business information to persons who 
are not, or may not be, permitted access to that information pursuant to 
either a Commission protective order or Sec. 210.5(b).
    (2) Sanctions and other actions. After providing notice and an 
opportunity to comment, the Commission may impose a sanction upon any 
person who willfully fails to comply with paragraph (d)(1) of this 
section, or it may take other action.