[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: 19CFR354.10]

[Page 298-299]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 354--PROCEDURES FOR IMPOSING SANCTIONS FOR VIOLATION OF AN ANTIDUMPING OR COUNTERVAILING DUTY ADMINISTRATIVE PROTECTIVE ORDER--Table of Contents
 
Sec.  354.10  Discovery.

    (a) Voluntary discovery. All parties are encouraged to engage in 
voluntary discovery procedures regarding any matter, not privileged, 
which is relevant to the subject matter of the pending proceeding.
    (b) Interrogatories and requests for admissions or production of 
documents. A

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party may serve on any other party interrogatories, requests for 
admissions, or requests for production of documents for inspection and 
copying, and a party concerned may then apply to the presiding official 
for such enforcement or administrative protective order as that party 
deems warranted concerning such discovery. The party will serve a 
discovery request at least 20 days before the scheduled date of a 
hearing, if a hearing has been requested and scheduled, unless the 
presiding official specifies a shorter time period. Copies of 
interrogatories, requests for admissions, and requests for production of 
documents and responses thereto will be served on all parties. Matters 
of fact or law of which admission is requested will be deemed admitted 
unless, within a period designated in the request (at least 10 days 
after the date of service of the request, or within such further time as 
the presiding official may allow), the party to whom the request is 
directed serves upon the requesting party a sworn statement either 
admitting or denying specifically the matters of which admission is 
requested or setting forth in detail the reasons why the party cannot 
truthfully either admit or deny such matters.
    (c) Depositions. Upon application of a party and for good cause 
shown, the presiding official may order the taking of the testimony of 
any person who is a party, or under the control or authority of a party, 
by deposition and the production of specified documents or materials by 
the person at the deposition. The application shall state the purpose of 
the deposition and shall set forth the facts sought to be established 
through the deposition.
    (d) Enforcement. The presiding official may order a party to answer 
designated questions, to produce specified documents or items, or to 
take any other action in response to a proper discovery request. If a 
party does not comply with such an order, the presiding official may 
make any determination or enter any order in the proceedings as he or 
she deems reasonable and appropriate. The presiding official may strike 
related charges or defenses in whole or in part, or may take particular 
facts relating to the discovery request to which the party failed or 
refused to respond as being established for purposes of the proceeding 
in accordance with the contentions of the party seeking discovery. In 
issuing a discovery order, the presiding official will consider the 
necessity to protect business proprietary information and will not order 
the release of information in circumstances where it is reasonable to 
conclude that such release will lead to unauthorized dissemination of 
such information.
    (e) Role of the Under Secretary. If a hearing has not been 
requested, the party seeking enforcement will ask the Under Secretary to 
appoint a presiding official to rule on motions under this section.