[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: 19CFR210.13]

[Page 137-138]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
                          Subpart C--Pleadings
 
Sec.  210.13  The response.

    (a) Time for response. Except as provided in Sec.  210.59(a) and 
unless otherwise ordered in the notice of investigation or by the 
administrative law judge, respondents shall have 20 days from the date 
of service of the complaint and notice of investigation, by the 
Commission under Sec.  210.11(a) or by a party under Sec.  210.11(b), 
within which to file a written response to the complaint and the notice 
of investigation. When the investigation involves a motion for temporary 
relief and has not been declared ``more complicated,'' the response to 
the complaint and notice of investigation must be filed along with the 
response to the motion for temporary relief--i.e., within 10 days after 
service of the complaint, notice of investigation, and the motion for 
temporary relief by the Commission under Sec.  210.11(a) or by a party 
under Sec.  210.11(b). (See Sec.  210.59.)
    (b) Content of the response. In addition to conforming to the 
requirements of Sec.  201.8 of this chapter and Sec. Sec.  210.4 and 
210.5 of this part, each response shall be under oath and signed by 
respondent or his duly authorized officer, attorney, or agent with the 
name, address, and telephone number of the respondent and any such 
officer, attorney, or agent given on the first page of the response. 
Each respondent shall respond to each allegation in the complaint and in 
the notice of investigation, and shall set forth a concise statement of 
the facts constituting each ground of defense. There shall be a specific 
admission, denial, or explanation of each fact alleged in the complaint 
and notice, or if the respondent is without knowledge of any such fact, 
a statement to that effect. Allegations of a complaint and notice not 
thus answered may be deemed to have been admitted. Each response shall 
include, when available, statistical data on the quantity and value of 
imports of the involved article. Respondents who are importers must also 
provide the Harmonized Tariff Schedule item number(s) for importations 
of the accused imports occurring on or after January 1, 1989, and the 
Tariff Schedules of the United States item number(s) for importations 
occurring before January 1, 1989. Each response shall also include a 
statement concerning the respondent's capacity to produce the subject 
article and the relative significance of the United States market to its 
operations. Respondents who are not manufacturing their accused imports 
shall state the name and address of the supplier(s) of those imports. 
Affirmative defenses shall be pleaded with as much specificity as 
possible in the response. When the alleged unfair methods of competition 
and unfair acts are based upon the claims of a valid U.S. letters 
patent, the respondent is encouraged to make the following showing when 
appropriate:
    (1) If it is asserted in defense that the article imported or sold 
by respondents is not covered by, or produced under a process covered 
by, the claims of each involved U.S. letters patent, a showing of such 
noncoverage for each involved claim in each U.S. letters patent in 
question shall be made, which showing may be made by appropriate 
allegations and, when practicable, by a chart that applies the involved 
claims of each U.S. letters patent in question to a representative 
involved imported article of the respondent or to the process under 
which such article was produced;
    (2) Drawings, photographs, or other visual representations of the 
involved imported article of respondent or the process utilized in 
producing such article, and, when a chart is furnished under paragraph 
(b)(1) of this section, the parts of such drawings, photographs, or 
other visual representations, should be labeled so that they can be read 
in conjunction with such chart; and
    (3) If the claims of any involved U.S. letters patent are asserted 
to be invalid

[[Page 138]]

or unenforceable, the basis for such assertion, including, when prior 
art is relied on, a showing of how the prior art renders each claim 
invalid or unenforceable and a copy of such prior art. For good cause, 
the presiding administrative law judge may waive any of the substantive 
requirements imposed under this paragraph or may impose additional 
requirements.
    (c) Submission of article as exhibit. At the time the response is 
filed, if practicable, the respondent shall submit the accused article 
imported or sold by that respondent, unless the article has already been 
submitted by the complainant.