[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: 19CFR210.14]

[Page 138]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
                          Subpart C--Pleadings
 
Sec.  210.14  Amendments to pleadings and notice; supplemental submissions; counterclaims.

    (a) Preinstitution amendments. The complaint may be amended at any 
time prior to the institution of the investigation.
    (b) Postinstitution amendments generally. (1) After an investigation 
has been instituted, the complaint or notice of investigation may be 
amended only by leave of the Commission for good cause shown and upon 
such conditions as are necessary to avoid prejudicing the public 
interest and the rights of the parties to the investigation. A motion 
for amendment must be made to the presiding administrative law judge. If 
the proposed amendment of the complaint would require amending the 
notice of investigation, the presiding administrative law judge may 
grant the motion only by filing with the Commission an initial 
determination. All other dispositions of such motions shall be by order.
    (2) If disposition of the issues in an investigation on the merits 
will be facilitated, or for other good cause shown, the presiding 
administrative law judge may allow appropriate amendments to pleadings 
other than complaints upon such conditions as are necessary to avoid 
prejudicing the public interest and the rights of the parties to the 
investigation.
    (c) Postinstitution amendments to conform to evidence. When issues 
not raised by the pleadings or notice of investigation, but reasonably 
within the scope of the pleadings and notice, are considered during the 
taking of evidence by express or implied consent of the parties, they 
shall be treated in all respects as if they had been raised in the 
pleadings and notice. Such amendments of the pleadings and notice as may 
be necessary to make them conform to the evidence and to raise such 
issues shall be allowed at any time, and shall be effective with respect 
to all parties who have expressly or impliedly consented.
    (d) Supplemental submissions. The administrative law judge may, upon 
reasonable notice and on such terms as are just, permit service of a 
supplemental submission setting forth transactions, occurrences, or 
events that have taken place since the date of the submission sought to 
be supplemented and that are relevant to any of the issues involved.
    (e) Counterclaims. At any time after institution of the 
investigation, but not later than ten business days before the 
commencement of the evidentiary hearing, a respondent may file a 
counterclaim at the Commission in accordance with section 337(c) of the 
Tariff Act of 1930. Counterclaims shall be filed in a separate document. 
A respondent who files such a counterclaim shall immediately file a 
notice of removal with a United States district court in which venue for 
any of the counterclaims raised by the respondent would exist under 28 
U.S.C. 1391.

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