[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: 19CFR356.21]

[Page 319-320]
 
                        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.  356.21  Subpoenas.

    (a) Application for issuance of a subpoena. An application for 
issuance of a subpoena requiring a person to appear and depose or 
testify at the taking of a deposition or at a hearing shall be made to 
the administrative law judge. An application for issuance of a subpoena 
requiring a person to appear and depose or testify and to produce 
specified documents, papers, books, or other physical exhibits at the 
taking of a deposition, at a prehearing conference, at a hearing, or 
under any other circumstances, shall be made in writing to the 
administrative law judge and shall specify the material to be produced 
as precisely as possible, showing the general relevancy of the material 
and the reasonableness of the scope of the subpoena.
    (b) Use of subpoena for discovery. Subpoenas may be used by any 
party for purposes of discovery or for obtaining documents, papers, 
books, or other physical exhibits for use in evidence, or for both 
purposes. When used for discovery purposes, a subpoena may require a 
person to produce and permit the inspection and copying of nonprivileged 
documents, papers, books, or other physical exhibits which constitute or 
contain evidence relevant to the subject matter involved and which are 
in the possession, custody, or control of such person.
    (c) Application for subpoenas for nonparty department records or 
personnel or for records or personnel of other Government agencies. (1) 
An application for issuance of a subpoena requiring the production of 
nonparty documents, papers, books, physical exhibits, or other material 
in the records of the Department, or requiring the appearance of an 
official or employee of the Department, or requiring the production of 
records or personnel of other Government agencies shall specify as 
precisely as possible the material to be produced, the nature of the 
information to be disclosed, or the expected testimony of the official 
or employee, and shall contain a statement showing the general relevancy 
of the material, information, or testimony and the reasonableness of the 
scope of the application, together with a showing that such material, 
information, or testimony or their substantial equivalent could not be 
obtained without undue hardship by alternative means.
    (2) Such applications shall be ruled upon by the administrative law 
judge. To the extent that the motion is granted, the administrative law 
judge shall provide such terms and conditions for the production of the 
material, the disclosure of the information, or the appearance of the 
official or employee as may appear necessary and appropriate for the 
protection of the public interest.
    (3) No application for a subpoena for production of documents 
grounded upon the Freedom of Information Act (5 U.S.C. 552) shall be 
entertained by the administrative law judge.
    (d) Motion to limit or quash. Any motion to limit or quash a 
subpoena shall be filed within 10 days after service thereof, or within 
such other time as the administrative law judge may allow.
    (e) Ex parte rulings on applications for subpoenas. Applications for 
the

[[Page 320]]

issuance of subpoenas pursuant to this section may be made ex parte, 
and, if so made, such applications and rulings thereon shall remain ex 
parte unless otherwise ordered by the administrative law judge.
    (f) Role of the Under Secretary. If a hearing has not been 
requested, the party seeking enforcement will ask the Under Secretary to 
appoint an administrative law judge to rule on applications for issuance 
of a subpoena under this section.