[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: 19CFR210.25]

[Page 145-146]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
                           Subpart D--Motions
 
Sec.  210.25  Sanctions.

    (a)(1) Any party may file a motion for sanctions for abuse of 
process under Sec.  210.4(d)(1), abuse of discovery under Sec.  
210.27(d)(3), failure to make or cooperate in discovery under Sec.  
210.33 (b) or (c), or violation of a protective order under Sec.  
210.34(c). A motion alleging abuse of process should be filed promptly 
after the requirements of Sec.  210.4(d)(1)(i) have been satisfied. A 
motion alleging abuse of discovery, failure to make or cooperate in 
discovery, or violation of a protective order should be filed promptly 
after the allegedly sanctionable conduct is discovered.
    (2) The administrative law judge (when the investigation or related 
proceeding is before him) or the Commission (when the investigation or 
related proceeding is before it) also may raise the sanction issue sua 
sponte. (See also Sec. Sec.  210.4(d)(1)(ii), 210.27(d)(3), 210.33(c), 
and 210.34(c).)
    (b) A motion for sanctions shall be addressed to the presiding 
administrative law judge, if the allegedly sanctionable conduct occurred 
and is discovered while the administrative law judge is presiding in an 
investigation or in a related proceeding. During an investigation, the 
administrative law judge's ruling on the motion shall be in the form of 
an order, if it is issued before or concurrently with the initial 
determination concerning violation of section 337 of the Tariff Act of 
1930 or termination of the investigation. In a related proceeding, the 
administrative law judge's ruling shall be in the form of an order, 
regardless of the point in time at which the order is issued.
    (c) A motion for sanctions shall be addressed to the Commission, if 
the allegedly sanctionable conduct occurred while the Commission is 
presiding or is filed after the subject investigation or related 
proceeding is terminated. The Commission may assign the motion to an 
administrative law judge for

[[Page 146]]

issuance of a recommended determination. The deadlines and procedures 
that will be followed in processing the recommended determination will 
be set forth in the Commission order assigning the motion to an 
administrative law judge.
    (d) If an administrative law judge's order concerning sanctions is 
issued before the initial determination concerning violation of section 
337 of the Tariff Act of 1930 or termination of the investigation, it 
may be appealed under Sec.  210.24(b)(1) with leave from the 
administrative law judge, if the requirements of that section are 
satisfied. If the order is issued concurrently with the initial 
determination, the order may be appealed by filing a petition meeting 
the requirements of Sec.  210.43(b). The periods for filing such 
petitions and responding to the petitions will be specified in the 
Commission notice issued pursuant to Sec.  210.42(i), if the initial 
determination has granted a motion for termination of the investigation, 
or in the Commission notice issued pursuant to Sec.  210.46(a), if the 
initial determination concerns violation of section 337. The Commission 
will determine whether to adopt the order after disposition of the 
initial determination concerning violation of section 337 or termination 
of the investigation.
    (e) If the administrative law judge's ruling on the motion for 
sanctions is in the form of a recommended determination pursuant to 
paragraph (c) of this section, the deadlines and procedures for parties 
to contest the recommended determination will be set forth in the 
Commission order assigning the motion to an administrative law judge.
    (f) If a motion for sanctions is filed with the administrative law 
judge during an investigation, he may defer his adjudication of the 
motion until after he has issued a final initial determination 
concerning violation of section 337 of the Tariff Act of 1930 or 
termination of investigation. If the administrative law judge defers his 
adjudication in such a manner, his ruling on the motion for sanctions 
must be in the form of a recommended determination and shall be issued 
no later than 90 days after issuance of the aforesaid initial 
determination on violation of section 337 or termination of the 
investigation. To aid the Commission in determining whether to adopt a 
recommended determination, any party may file written comments with the 
Commission 14 days after service of the recommended determination. 
Replies to such comments may be filed within seven days after service of 
the comments. The Commission will determine whether to adopt the 
recommended determination after reviewing the parties' arguments and 
taking any other steps the Commission deems appropriate.