[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: 19CFR210.42]

[Page 157-158]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
               Subpart G--Determinations and Actions Taken
 
Sec. 210.42  Initial determinations.

    (a)(1)(i) On issues concerning violation of section 337. Unless 
otherwise ordered by the Commission, the administrative law judge shall 
certify the record to the Commission and shall file an initial 
determination on whether there is a violation of section 337 of the 
Tariff Act of 1930 no later than 3 months before the target date set 
pursuant to Sec. 210.51(a) if the target date is 15 months or less from 
the date of institution, and no later than 4 months before the target 
date if the target date is more than 15 months from the date of 
institution.
    (ii) Recommended determination on issues concerning permanent relief 
and bonding. Unless the Commission orders otherwise, within 14 days 
after issuance of the initial determination on violation of section 337 
of the Tariff Act of 1930, the administrative law judge shall issue a 
recommended determination containing findings of fact and 
recommendations concerning--
    (A) The appropriate remedy in the event that the Commission finds a 
violation of section 337, and
    (B) The amount of the bond to be posted by the respondents during 
Presidential review of Commission action under section 337(j) of the 
Tariff Act.
    (2) On certain motions to declassify information. Following issuance 
of the public version of an initial determination under paragraph 
(a)(1)(i) of this section, the decision of an administrative law judge 
granting a motion to declassify information, in whole or in part, shall 
be in the form of an initial determination as provided in 
Sec. 210.20(b).
    (b) On issues concerning temporary relief or forfeiture of temporary 
relief bonds. Certification of the record and the disposition of an 
initial determination concerning a motion for temporary relief are 
governed by Secs. 210.65 and 210.66. The disposition of an initial 
determination concerning possible forfeiture or return of a 
complainant's temporary relief bond, in whole or in part, is governed by 
Sec. 210.70.
    (c) On other matters. The administrative law judge shall grant the 
following types of motions by issuing an initial determination or shall 
deny them by issuing an order: a motion to amend the complaint or notice 
of investigation pursuant to Sec. 210.14(b); a motion for a finding of 
default pursuant to Sec. 210.16; a motion for summary determination 
pursuant to Sec. 210.18; a motion for intervention pursuant to 
Sec. 210.19; a motion for termination pursuant to Sec. 210.21; a motion 
to suspend an investigation pursuant to Sec. 210.23; a motion for 
forfeiture or return of respondents' bonds pursuant to Sec. 210.50(d); a 
motion to set a target date exceeding 15 months pursuant to 
Sec. 210.51(a); or a motion for forfeiture or return of a complainant's 
temporary relief bond pursuant to Sec. 210.70.
    (d) Contents. The initial determination shall include: an opinion 
stating findings (with specific page references to principal supporting 
items of evidence in the record) and conclusions and the reasons or 
bases therefor necessary for the disposition of all material issues of 
fact, law, or discretion presented in the record; and a statement that, 
pursuant to Sec. 210.42(h), the initial determination shall become the 
determination of the Commission unless a party files a petition for 
review of the initial determination pursuant to Sec. 210.43(a) or the 
Commission, pursuant to Sec. 210.44, orders on its own motion a review 
of the initial determination or certain issues therein.
    (e) Notice to and advice from other departments and agencies. Notice 
of each

[[Page 158]]

initial determination granting a motion for termination of an 
investigation in whole or part on the basis of a consent order or a 
settlement, licensing, or other agreement pursuant to Sec. 210.21 of 
this part, and notice of such other initial determinations as the 
Commission may order, shall be provided to the U.S. Department of Health 
and Human Services, the U.S. Department of Justice, the Federal Trade 
Commission, the U.S. Customs Service, and such other departments and 
agencies as the Commission deems appropriate. The Commission shall 
consider comments, limited to issues raised by the record, the initial 
determination, and the petitions for review, received from such agencies 
when deciding whether to initiate review or the scope of review. The 
Commission shall allow such agencies 10 days after the service of an 
initial determination to submit their comments.
    (f) Initial determination made by the administrative law judge. An 
initial determination under this section shall be made and filed by the 
administrative law judge who presided over the investigation, except 
when that person is unavailable to the Commission and except as provided 
in Sec. 210.20(a).
    (g) Reopening of proceedings by the administrative law judge. At any 
time prior to the filing of the initial determination, the 
administrative law judge may reopen the proceedings for the reception of 
additional evidence.
    (h) Effect. (1) An initial determination filed pursuant to 
Sec. 210.42(a)(2) shall become the determination of the Commission 45 
days after the date of service of the initial determination, unless the 
Commission has ordered review of the initial determination or certain 
issues therein, or by order has changed the effective date of the 
initial determination.
    (2) An initial determination under Sec. 210.42(a)(1)(i) shall become 
the determination of the Commission 45 days after the date of service of 
the initial determination, unless the Commission, within 45 days after 
the date of such service shall have ordered review of the initial 
determination or certain issues therein or by order has changed the 
effective date of the initial determination. The findings and 
recommendations made by the administrative law judge in the recommended 
determination issued pursuant to Sec. 210.42(a)(1)(ii) will be 
considered by the Commission in reaching determinations on remedy and 
bonding by the respondents pursuant to Sec. 210.50(a).
    (3) An initial determination filed pursuant to Sec. 210.42(c) shall 
become the determination of the Commission 30 days after the date of 
service of the initial determination, except as provided in paragraph 
(h)(5) of this section, Sec. 210.50(d)(3) and Sec. 210.70(c), unless the 
Commission, within 30 days after the date of such service shall have 
ordered review of the initial determination or certain issues therein or 
by order has changed the effective date of the initial determination.
    (4) The disposition of an initial determination granting or denying 
a motion for temporary relief is governed by Sec. 210.66.
    (5) The disposition of an initial determination concerning possible 
forfeiture of a complainant's temporary relief bond is governed by 
Sec. 210.70(c).
    (i) Notice of determination. A notice stating the Commission's 
decision on whether to review an initial determination will be issued by 
the Secretary and served on the parties. Notice of the Commission's 
decision will be published in the Federal Register if the decision 
results in termination of the investigation in its entirety.

[59 FR 39039, Aug. 1, 1994, as amended at 59 FR 67628, Dec. 30, 1994; 60 
FR 53120, Oct. 12, 1995]