[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: 19CFR210.39]

[Page 156]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
             Subpart F--Prehearing Conferences and Hearings
 
Sec. 210.39  In camera treatment of confidential information.

    (a) Definition. Except as hereinafter provided and consistent with 
Secs. 210.5 and 210.34, confidential documents and testimony made 
subject to protective orders or orders granting in camera treatment are 
not made part of the public record and are kept confidential in an in 
camera record. Only the persons identified in a protective order, 
persons identified in Sec. 210.5(b), and court personnel concerned with 
judicial review shall have access to confidential information in the in 
camera record. The right of the administrative law judge and the 
Commission to disclose confidential data under a protective order 
(pursuant to Sec. 210.34) to the extent necessary for the proper 
disposition of each proceeding is specifically reserved.
    (b) Transmission of certain Commission records to district court. In 
a civil action involving parties that are also parties to a proceeding 
before the Commission under section 337 of the Tariff Act of 1930, at 
the request of a party to the civil action that is also a respondent in 
the proceeding before the Commission, the district court may stay, until 
the determination of the Commission becomes final, proceedings in the 
civil action with respect to any claim that involves the same issues 
involved in the proceeding before the Commission under certain 
conditions. If such a stay is in effect, after the determination of the 
Commission becomes final, the Commission shall certify to the district 
court such portions of the record of its proceeding as the district 
court may request. Notwithstanding paragraph (a) of this section, the in 
camera record may be transmitted to a district court and be admissible 
in a civil action, subject to such protective order as the district 
court determines necessary, pursuant to 28 U.S.C. 1659.
    (c) In camera treatment of documents and testimony. The 
administrative law judge shall have authority to order documents or oral 
testimony offered in evidence, whether admitted or rejected, to be 
placed in camera.
    (d) Part of confidential record. In camera documents and testimony 
shall constitute a part of the confidential record of the Commission.
    (e) References to in camera information. In submitting proposed 
findings, briefs, or other papers, counsel for all parties shall make an 
attempt in good faith to refrain from disclosing the specific details of 
in camera documents and testimony. This shall not preclude references in 
such proposed findings, briefs, or other papers to such documents or 
testimony including generalized statements based on their contents. To 
the extent that counsel consider it necessary to include specific 
details of in camera data in their presentations, such data shall be 
incorporated in separate proposed findings, briefs, or other papers 
marked ``Business Confidential,'' which shall be placed in camera and 
become a part of the confidential record.

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