[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: 19CFR356.20]

[Page 318-319]
 
                        TITLE 19--CUSTOMS DUTIES
 
                         DEPARTMENT OF COMMERCE
 
PART 356--PROCEDURES AND RULES FOR IMPLEMENTING ARTICLE 1904 OF THE NORTH AMERICAN FREE TRADE AGREEMENT--Table of Contents
 
 Subpart D--Violation of a Protective Order or a Disclosure Undertaking
 
Sec.  356.20  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 sanctions 
proceeding.
    (b) Limitations on discovery. The administrative law judge shall 
place such limits upon the kind or amount of discovery to be had or the 
period of time during which discovery may be carried out as shall be 
consistent with the time limitations set forth in this Part.
    (c) Interrogatories and requests for admissions or production of 
documents. A party may serve on any other party interrogatories, 
requests for admissions, or requests for production of documents for 
inspection and copying, and the party may then apply to the 
administrative law judge for such enforcement or 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 
administrative law judge 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 administrative law judge 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.
    (d) Depositions. Upon application of a party and for good cause 
shown, the administrative law judge 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.
    (e) Supplementation of responses. A party who has responded to a 
request for discovery with a response that was complete when made is 
under no duty to supplement the party's response to include information 
thereafter acquired, except as follows:
    (1) A party is under a duty to seasonably supplement the party's 
response with respect to any question directly addressed to:
    (i) The identity and location of persons having knowledge of 
discoverable matters; and
    (ii) The identity of each person expected to be called as an expert 
witness at a hearing, the subject matter on which the witness is 
expected to testify, and the substance of the testimony.
    (2) A party is under a duty to seasonably amend a prior response if 
the party obtains information upon the basis of which the party:
    (i) Knows the response was incorrect when made; or
    (ii) Knows that the response, though correct when made, is no longer 
true, and the circumstances are such that a failure to amend the 
response is in substance a knowing concealment.
    (3) A duty to supplement responses may be imposed by order of the 
administrative law judge, agreement of the

[[Page 319]]

parties, or at any time prior to a hearing through new requests for 
supplementation of prior responses.
    (f) Enforcement. The administrative law judge 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 administrative law judge 
may make any determination or enter any order in the proceedings as the 
administrative law judge deems reasonable and appropriate. The 
administrative law judge 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 purpose of the proceeding in accordance with the 
contentions of the party seeking discovery. In issuing a discovery 
order, the administrative law judge will consider the necessity to 
protect 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.