[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: 19CFR212.06]

[Page 180]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 212--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec.  212.06  Allowable fees and expenses.

    (a) Awards will be based on rates customarily charged by persons 
engaged in the business of acting as attorneys, agents and expert 
witnesses, even if the services were made available without charge or at 
a reduced rate to the applicant.
    (b) No award for the fee of an attorney or agent under these rules 
may exceed $75.00 per hour. No award to compensate an expert witness may 
exceed the highest rate at which the Commission pays expert witnesses. 
However, an award may include the reasonable expenses of the attorney, 
agent, or expert witness as a separate item if the attorney, agent or 
expert witness ordinarily charges clients separately for such expenses.
    (c) In determining the reasonableness of the fee sought for an 
attorney, agent or expert witness, the presiding officer shall consider 
the following:
    (1) If the attorney, agent or expert witness is in private practice, 
his or her customary fee for similar services, or, if an employee of the 
applicant, the fully allocated cost of the service;
    (2) The prevailing rate for similar services in the community in 
which the attorney, agent or expert witness ordinarily performs 
services;
    (3) The time actually spent in the representation of the applicant;
    (4) The time reasonably spent in light of the difficulty or 
complexity of the issues in the adversary adjudication; and
    (5) Such other factors as may bear on the value of the services 
provided.
    (d) The reasonable cost of any study, analysis, engineering report, 
test, project or similar matter prepared on behalf of a party may be 
awarded to the extent that the charge for the service does not exceed 
the prevailing rate for similar services and the study or other matter 
was necessary for preparation of the applicant's case.