[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR4.12]

[Page 108-109]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 4_MISCELLANEOUS RULES--Table of Contents
 
Sec. 4.12  Disposition of documents submitted to the Commission.

    (a) Material submitted to the Commission. (1) Any person who has 
submitted material to the Commission may obtain, on request, the return 
of material submitted to the Commission which has not been received into 
evidence:
    (i) After the close of the proceeding in connection with which the 
material was submitted; or
    (ii) When no proceeding in which the material may be used has been 
commenced within a reasonable time after completion of the examination 
and analysis of all such material and other information assembled in the 
course of the investigation.
    (2) Such request shall be in writing, addressed to the custodian 
designated pursuant to Sec. 2.16 or the Secretary of the Commission in 
all other circumstances, and shall reasonably describe the material 
requested. A request for return of material may be filed at any time, 
but material will not be returned nor will commitments to

[[Page 109]]

return material be undertaken prior to the time described in this 
paragraph.
    (b) Commission-made copies of documents submitted to the Commission. 
The Commission will not return to the submitter copies of documents made 
by the Commission unless, upon a showing of extraordinary circumstances, 
the Commission determines that return would be required in the public 
interest.
    (c) Disposition of material not returned. Subsequent to the time 
prescribed in paragraph (a) of this section, the staff will examine all 
submitted material and Commission-made copies of documents located in a 
reasonable search of the Commission's files and will determine, 
consistent with the Federal Records Act, 44 U.S.C. 3301, which materials 
are appropriate for preservation as evidence of the organization, 
functions, policies, decisions, procedures, operations, or other 
activities of the Commission or because of the information value of data 
in them. The Commission will dispose of all material determined not to 
be appropriate for preservation in accordance with applicable 
regulations of the National Archives and Records Administration.

[46 FR 26292, May 12, 1981, as amended at 60 FR 37751, July 21, 1995]