[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: 19CFR354.12]

[Page 299-300]
 
                        TITLE 19--CUSTOMS DUTIES
 
            CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 354--PROCEDURES FOR IMPOSING SANCTIONS FOR VIOLATION OF AN ANTIDUMPING 
OR COUNTERVAILING DUTY ADMINISTRATIVE PROTECTIVE ORDER--Table of Contents
 
Sec. 354.12  Hearing.

    (a) Scheduling of hearing. The presiding official will schedule the 
hearing at a reasonable time, date, and place, which will be in 
Washington, DC, unless the presiding official determines otherwise based 
upon good cause shown that another location would better serve the 
interests of justice. In setting the date, the presiding official will 
give due regard to the need for the parties

[[Page 300]]

adequately to prepare for the hearing and the importance of 
expeditiously resolving the matter.
    (b) Joinder or consolidation. The presiding official may order 
joinder or consolidation if sanctions are proposed against more than one 
party or if violations of more than one administrative protective order 
are alleged if to do so would expedite processing of the cases and not 
adversely affect the interests of the parties.
    (c) Hearing procedures. Hearings will be conducted in a fair and 
impartial manner by the presiding official, who may limit attendance at 
any hearing or portion thereof if necessary or advisable in order to 
protect business proprietary information from improper disclosure. The 
rules of evidence prevailing in courts of law shall not apply, and all 
evidentiary material the presiding official determines to be relevant 
and material to the proceeding and not unduly repetitious may be 
received into evidence and given appropriate weight. The presiding 
official may make such orders and determinations regarding the 
admissibility of evidence, conduct of examination and cross-examination, 
and similar matters as are necessary or appropriate to ensure 
orderliness in the proceedings. The presiding official will ensure that 
a record of the hearing be taken by reporter or by electronic recording, 
and will order such part of the record to be sealed as is necessary to 
protect business proprietary information.
    (d) Rights of parties. At a hearing each party shall have the right 
to:
    (1) Introduce and examine witnesses and submit physical evidence,
    (2) Confront and cross-examine adverse witnesses,
    (3) Present oral argument, and
    (4) Receive a transcript or recording of the proceedings, upon 
request, subject to the presiding official's orders regarding sealing 
the record.
    (e) Representation. Each charged or affected party has a right to 
represent himself or herself or to retain private counsel for that 
purpose. The Chief Counsel will represent the Department, unless the 
General Counsel determines otherwise. The presiding official may 
disallow a representative if such representation constitutes a conflict 
of interest or is otherwise not in the interests of justice and may 
debar a representative for contumacious conduct relating to the 
proceedings.
    (f) Ex parte communications. The parties and their representatives 
may not make any ex parte communications to the presiding official 
concerning the merits of the allegations or any matters at issue, except 
as provided in Sec. 354.8 regarding emergency interim sanctions.