[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: 19CFR210.17]

[Page 140]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
                           Subpart D--Motions
 
Sec.  210.17  Failures to act other than the statutory forms of default.

    Failures to act other than the defaults listed in Sec.  210.16 may 
provide a basis for the presiding administrative law judge or the 
Commission to draw adverse inferences and to issue findings of fact, 
conclusions of law, determinations (including a determination on 
violation of section 337 of the Tariff Act of 1930), and orders that are 
adverse to the party who fails to act. Such failures include, but are 
not limited to:
    (a) Failure to respond to a motion that materially alters the scope 
of the investigation or a related proceeding;
    (b) Failure to respond to a motion for temporary relief pursuant to 
Sec.  210.59;
    (c) Failure to respond to a motion for summary determination under 
Sec.  210.18;
    (d) Failure to appear at a hearing before the administrative law 
judge after filing a written response to the complaint or motion for 
temporary relief, or failure to appear at a hearing before the 
Commission;
    (e) Failure to file a brief or other written submission requested by 
the administrative law judge or the Commission during an investigation 
or a related proceeding;
    (f) Failure to respond to a petition for review of an initial 
determination, a petition for reconsideration of an initial 
determination, or an application for interlocutory review of an 
administrative law judge's order;
    (g) Failure to file a brief or other written submission requested by 
the administrative law judge or the Commission; and
    (h) Failure to participate in temporary relief bond forfeiture 
proceedings under Sec.  210.70.

The presiding administrative law judge or the Commission may take action 
under this rule sua sponte or in response to the motion of a party.