[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR201.13]

[Page 24-25]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 201--RULES OF GENERAL APPLICATION--Table of Contents
 
           Subpart B--Initiation and Conduct of Investigations
 
Sec.  201.13  Conduct of nonadjudicative hearings.

    (a) In general. Public hearings are held by the Commission when 
required by law or, if not required by law, when in the judgment of the 
Commission there is good and sufficient reason therefor. Public hearings 
will be held at the time and place specified in notices issued under 
Sec.  201.10. Public hearings are ordinarily held in the Hearing Room of 
the International Trade Commission Building, in Washington, DC, but may 
be held elsewhere at the Commission's discretion.
    (b) Presiding officials--(1) Who presides. Public hearings or 
conferences in nonadjudicative investigations will be conducted by the 
Commission or by one or more Commissioners. When the Commission deems it 
necessary, such hearings will be conducted by one or more designated 
employees. In all cases the transcript of the testimony at a hearing 
will be presented for the consideration of the Commission.
    (2) Powers and duties. The Commission, one or more of the 
Commissioners, or one or more designated employees shall have all the 
powers to conduct fair and impartial hearings, to take necessary action 
to avoid delay in the disposition of proceedings, including the 
prescription of time allocated to testimony, argument, and questioning, 
to regulate the course of hearings and the conduct of the parties and 
their counsel therein, and to maintain order.
    (c) Participation in a hearing--(1) Who may participate. A party may 
participate in the hearing, either in person or by representative. A 
nonparty who has testimony or arguments that may aid the Commission's 
deliberations may also participate, under such conditions as may be 
established by the presiding officials at the hearing.
    (2) Notices of participation. Notices of participation in a hearing 
shall be filed with the Secretary at least three (3) days in advance of 
the date set for the hearing or two (2) days in advance of the date set 
in the notice of investigation for a prehearing conference, whichever 
shall first occur, except that the presiding officials may waive this 
requirement for good cause. Witnesses on behalf of persons filing 
notices of participation need not file separate notices.
    (d) Witness list. Each person who files a notice of participation 
pursuant to paragraph (c) of this section shall simultaneously file with 
the Secretary a list of the witnesses he intends to call at the hearing.
    (e) Order of the testimony. Unless otherwise ordered by the 
presiding officials, witnesses will give testimony in the order 
designated by the Secretary to the Commission. Each witness, after being 
duly sworn, will be permitted to proceed with his or her testimony 
without interruption except by presiding officials.
    (f) Supplementary material. Up to five double-spaced pages of 
supplementary material, other than remarks read into the record, will be 
accepted for the record. Supplementary material exceeding five pages may 
be accepted upon a showing of such cause as may be deemed sufficient by 
the presiding officials. As used herein, the term supplementary material 
refers to (1) additional graphic material such as charts and diagrams 
used to illuminate an argument or clarify a position and (2) information 
not available to a party at the time its prehearing brief was filed.
    (g) Questioning of witnesses. After completing testimony, a witness 
may be questioned by any member of the Commission or by its staff. Any 
participant may, with the permission of the presiding officials, direct 
questions to the witness, but only for the purpose of assisting the 
Commission in obtaining relevant and material facts with respect to the 
subject matter of the investigation.
    (h) Oral argument. When, in the opinion of the presiding officials, 
time permits and the nature of the proceedings and the complexity or 
importance of the questions of fact or law involved warrant, the 
presiding officials may allow oral argument after conclusion of the 
testimony in a hearing. The presiding officials will determine in each 
instance the time to be allowed for argument and the allocation thereof.

[[Page 25]]

    (i) Briefs--(1) Parties. Briefs of the information produced at the 
hearing and arguments thereon may be presented to the Commission by 
parties to the investigation. Unless otherwise ordered, fourteen (14) 
clear copies shall be filed with the Secretary to the Commission. Time 
to be allowed for submission of briefs will be set after conclusion of 
testimony and oral argument, if any.
    (2) Nonparties. Any person who is not a party to an investigation 
may submit a short statement for the record regarding the subject matter 
of an investigation.
    (j) Verification of testimony. Oral or written information submitted 
at hearings will, upon order of the Commission, be subject to 
verification from books, papers, and records of the persons submitting 
the information and from any other available sources.
    (k) Hearing transcripts. A verbatim transcript of all hearings will 
be taken. The Commission does not distribute transcripts of the records 
of such hearings. Any person may inspect the transcript of a hearing at 
the Commission's office in Washington, DC, or purchase it from the 
official reporter.
    (l) To facilitate the conduct of hearings, parties intending to use 
easels, audio visual, and similar equipment in the course of hearing 
presentations should advise the Secretary of their intent to use such 
equipment at least three (3) working days before the hearing.
    (m) Closed sessions. (1) Upon a request filed by a party to the 
investigation no later than seven (7) days prior to the date of the 
hearing (or three (3) days prior to the date of a conference conducted 
under Sec.  207.15 of this chapter) that
    (i) Identifies the subjects to be discussed;
    (ii) Specifies the amount of time requested; and
    (iii) Justifies the need for a closed session with respect to each 
subject to be discussed, the Commission (or the Director, as defined in 
Sec.  207.2(c) of this chapter, for a conference under Sec.  207.15 of 
this chapter) may close a portion of a hearing (or conference under 
Sec.  207.15 of this chapter) held in any investigation in order to 
allow such party to address confidential business information, as 
defined in Sec.  201.6, during the course of its presentation.
    (2) In addition, during each hearing held in an investigation 
conducted under section 202 of the Trade Act, as amended, or in an 
investigation under title VII of the Tariff Act as provided in Sec.  
207.24 of this chapter, following the public presentation of the 
petitioner(s) and that of each panel of respondents, the Commission 
will, if it deems it appropriate, close the hearing in order to allow 
Commissioners to question parties and/or their representatives 
concerning matters involving confidential business information.

[47 FR 6189, Feb. 10, 1982, as amended at 47 FR 33682, Aug. 4, 1982; 54 
FR 13678, Apr. 5, 1989; 59 FR 66722, Dec. 28, 1994; 61 FR 37829, July 
22, 1996]