PART 207—INVESTIGATIONS OF WHETHER INJURY TO DOMESTIC INDUSTRIES RESULTS FROM IMPORTS SOLD AT LESS THAN FAIR VALUE OR FROM SUBSIDIZED EXPORTS TO THE UNITED STATES Authority: 19 U.S.C. 1335, 1671-1677n, 2482, 3513, 4582. Source: 44 FR 76468, Dec. 26, 1979, unless otherwise noted. § 207.1 Applicability of part. Part 207 applies to proceedings of the Commission under section 516A and title VII of the Tariff Act of 1930 (19 U.S.C. 1303, 1516A and 1671-1677n) (the Act), other than investigations under section 783 (19 U.S.C. 1677n), which will be conducted pursuant to procedures specified by the Office of the United States Trade Representative. [61 FR 37829, July 22, 1996] Subpart A—General Provisions Source: 56 FR 11923, Mar. 21, 1991, unless otherwise noted. § 207.2 Definitions applicable to part 207. For the purposes of this part, the following terms have the meanings hereby assigned to them: (a) The term the Act (b) The term administering authority (c) The term Director (d) The term ex parte meeting (1) Any interested party or other person providing factual information in connection with an investigation, and (2) Any Commissioner, or member of a Commissioner's staff, in which less than all parties participate, and which is not a hearing or conference for which an opportunity to participate is given to the parties. (e) The term injury (f) The term record (1) All information presented to or obtained by the Commission during the course of an investigation, including completed questionnaires, any information obtained from the administering authority, written communications from any person filed with the Secretary, staff reports, all governmental memoranda pertaining to the case, and the record of ex parte meetings required to be kept pursuant to section 777(a)(3) of the Act; and (2) A copy of all Commission orders and determinations, all transcripts or records of conferences or hearings, and all notices published in the Federal Register (g) The term coalition or trade association [44 FR 76468, Dec. 26, 1979, as amended at 60 FR 21, Jan. 3, 1995] § 207.3 Service, filing, and certification of documents. (a) Certification. (b) Service. (c) Filing. i.e., [44 FR 76468, Dec. 26, 1979, as amended at 61 FR 37829, July 22, 1996; 63 FR 30607, June 5, 1998; 70 FR 8511, Feb. 22, 2005] § 207.4 The record. (a) Maintenance of the record. (b) Audits. (c) Materials provided by the administering authority. [44 FR 76468, Dec. 26, 1979, as amended at 61 FR 37829, July 22, 1996] § 207.5 Ex parte meetings. There shall be included in the record of each investigation a record of ex parte meetings as required by section 777(a)(3) of the Act. The record of each ex parte meeting shall include the identity of the persons present at the meeting, the date, time, and place of the meeting, and a summary of the matters discussed or submitted. § 207.6 [Reserved] § 207.7 Limited disclosure of certain business proprietary information under administrative protective order. (a)(1) Disclosure. e.g., (2) Application. (3) Authorized applicant. (A) An attorney for an interested party which is a party to the investigation; (B) A consultant or expert under the direction and control of a person under paragraph (a)(3)(i)(A) of this section; (C) A consultant or expert who appears regularly before the Commission and who represents an interested party which is a party to the investigation; or (D) A representative of an interested party which is a party to the investigation, if such interested party is not represented by counsel. (ii) In addition, an authorized applicant must not be involved in competitive decisionmaking for an interested party which is a party to the investigation. Involvement in “competitive decisionmaking” includes past, present, or likely future activities, associations, and relationships with an interested party which is a party to the investigation that involve the prospective authorized applicant's advice or participation in any of such party's decisions made in light of similar or corresponding information about a competitor (pricing, product design, etc.). (4) Forms and determinations. (ii) Should the Secretary determine pursuant to this section that materials sought to be protected from public disclosure by a person do not constitute business proprietary information or were not required to be served under paragraph (f) of this section, then the Secretary shall, upon request, issue an order on behalf of the Commission requiring the return of all copies of such materials served in accordance with paragraph (f) of this section. (iii) The Secretary shall release business proprietary information only to an authorized applicant whose application has been accepted and who presents the application along with adequate personal identification; or a person described in paragraph (b)(1)(iv) of this section who presents a copy of the statement referred to in that paragraph along with adequate personal identification. (iv) An authorized applicant granted access to business proprietary information in the preliminary phase of an investigation may, subject to paragraph (c) of this section, retain such business proprietary information during any final phase of that investigation, provided that the authorized applicant has not lost his authorized applicant status ( e.g., (b) Administrative protective order. (1) Not divulge any of the business proprietary information obtained under the administrative protective order and not otherwise available to the applicant, to any person other than (i) Personnel of the Commission concerned with the investigation, (ii) The person or agency from whom the business proprietary information was obtained, (iii) A person whose application for access to business proprietary information under the administrative protective order has been granted by the Secretary, and (iv) Other persons, such as paralegals and clerical staff, who are employed or supervised by the authorized applicant; who have a need thereof in connection with the investigation; who are not involved in competitive decision making for an interested party which is a party to the investigation; and who have signed a statement in a form approved by the Secretary that they agree to be bound by the administrative protective order (the authorized applicant shall be responsible for retention and accuracy of such forms and shall be deemed responsible for such persons' compliance with the administrative protective order); (2) Use such business proprietary information solely for the purposes of representing an interested party in the Commission investigation then in progress or during judicial or other review of such Commission investigation; (3) Not consult with any person not described in paragraph (b)(1) of this section concerning such business proprietary information without first having received the written consent of the Secretary and the party or the attorney of the party from whom such business proprietary information was obtained; (4) Whenever materials ( e.g., (5) Serve all materials containing business proprietary information as directed by the Secretary and pursuant to paragraph (f) of this section; (6) Transmit all materials containing business proprietary information with a cover sheet identifying the materials as containing business proprietary information; (7) Comply with the provisions of this section; (8) Make true and accurate representations in the authorized applicant's application and promptly notify the Secretary of any changes that occur after the submission of the application and that affect the representations made in the application ( e.g., (9) Report promptly and confirm in writing to the Secretary any breach of the administrative protective order; and (10) Acknowledge that breach of the administrative protective order may subject the authorized applicant to such sanctions or other actions as the Commission deems appropriate. (c) Final disposition of material released under administrative protective order. (d) Commission responses to a breach of administrative protective order. (1) Disbarment from practice in any capacity before the Commission along with such person's partners, associates, employer, and employees, for up to seven years following publication of a determination that the order has been breached; (2) Referral to the United States Attorney; (3) In the case of an attorney, accountant, or other professional, referral to the ethics panel of the appropriate professional association; (4) Such other administrative sanctions as the Commission determines to be appropriate, including public release of or striking from the record any information or briefs submitted by, or on behalf of, the offender or the party represented by the offender, denial of further access to business proprietary information in the current or any future investigations before the Commission, and issuance of a public or private letter of reprimand; and (5) Such other actions, including but not limited to, a warning letter, as the Commission determines to be appropriate. (e) Breach investigation procedure. (2) Where the sanction imposed is a private letter of reprimand, the Secretary shall expunge the sanction from the recipient's record two (2) years from the date of issuance of the sanction, provided that (i) The recipient has not received another unexpunged sanction pursuant to this section at any time prior to the end of the two year period, and (ii) The recipient is not the subject of an investigation for possible breach of administrative protective order under this section at the end of the two year period. Upon the completion of such a pending breach investigation without the issuance of a sanction, the original sanction shall be expunged. The Secretary shall notify a sanction recipient in the event that the sanction is expunged. (f) Service. (2) If a party's request under paragraph (g) of this section is granted, the Secretary shall accept the nondisclosable confidential business information into the record. The party shall serve the submission containing such information in accordance with the requirements of § 207.3(b) and paragraph (f)(1) of this section, with the information redacted from the copies served. (3) The Secretary shall not accept for filing into the record of an investigation submissions filed without a proper certificate of service. Failure to comply with paragraph (f) of this section may result in denial of party status and such sanctions as the Commission deems appropriate. Business proprietary information in submissions must be dealt with as required by § 207.3(c). (g) Exemption from disclosure In general. e.g., (2) Request for exemption. (3) Procedure if request is approved. (4) Procedure if request is denied. [44 FR 76468, Dec. 26, 1979, as amended at 59 FR 66723, Dec. 28, 1994; 61 FR 37829, July 22, 1996; 68 FR 32978, June 3, 2003; 70 FR 8512, Feb. 22, 2005; 76 FR 61942, Oct. 6, 2011] § 207.8 Questionnaires to have the force of subpoenas; subpoena enforcement. Any questionnaire issued by the Commission in connection with any investigation under title VII of the Act may be issued as a subpoena and subscribed by a Commissioner, after which it shall have the force and effect of a subpoena authorized by the Commission. Whenever any party or any other person fails to respond adequately to such a subpoena or whenever a party or any other person refuses or is unable to produce information requested in a timely manner and in the form required, or otherwise significantly impedes an investigation, the Commission may: (a) Use the facts otherwise available in making its determination; (b) Seek judicial enforcement of the subpoena pursuant to 19 U.S.C. 1333; (c) Make inferences adverse to such person's position, if such person is an interested party that has failed to cooperate by not acting to the best of its ability to comply with a request for information; and (d) Take such other actions as necessary to obtain needed information. [61 FR 37831, July 22, 1996] Subpart B—Preliminary Determinations Source: 56 FR 11927, Mar. 21, 1991, unless otherwise noted. § 207.10 Filing of petition with the Commission. (a) Filing of the petition. (b) Service of the petition. (ii) The petitioner shall serve persons enumerated on the list established by the Secretary pursuant to § 207.7(a)(4) that have not been served pursuant to paragraph (b)(1)(i) of this section within two (2) calendar days of the establishment of the Secretary's list. (2) A copy of the petition omitting business proprietary information shall be served by petitioner on those persons enumerated on the list established by the Secretary pursuant to § 201.11(d) of this chapter within two (2) calendar days of the establishment of the Secretary's list. (3) Service of the petition shall be attested by filing a certificate of service with the Commission. (c) Amendments and withdrawals; critical circumstances. (2) When not made in the petition, any allegations of critical circumstances under section 703 or section 733 of the Act shall be made in an amendment to the petition and shall be filed as early as possible. Critical circumstances allegations, whether made in the petition or in an amendment thereto, shall contain information reasonably available to petitioner concerning the factors enumerated in sections 705(b)(4)(A) and 735(b)(4)(A) of the Act. [61 FR 37831, July 22, 1996, as amended at 70 FR 8512, Feb. 22, 2005; 76 FR 61942, Oct. 6, 2011; 79 FR 35924, June 25, 2014; 90 FR 235, Jan. 3, 2025] § 207.11 Contents of petition. (a) The petition shall be signed by the petitioner or its duly authorized officer, attorney, or agent, and shall set forth the name, address, and telephone number of the petitioner and any such officer, attorney, or agent, and the names of all representatives of petitioner who will appear in the investigation. (b)(1) The petition shall allege the elements necessary for the imposition of a duty under section 701(a) or section 731(a) of the Act and contain information reasonably available to the petitioner supporting the allegations. (2) The petition shall also include the following specific information, to the extent reasonably available to the petitioner: (i) Identification of the domestic like product(s) proposed by petitioner; (ii) A listing of all U.S. producers of the proposed domestic like product(s), including a street address, phone number, and contact person(s) with email address(es) for each producer; (iii) A listing of all U.S. importers of the subject merchandise, including street addresses, email addresses, and phone numbers for each importer. (iv) Identification of each product on which the petitioner requests the Commission to seek pricing information in its questionnaires; and (v) A listing of the main purchasers from which each petitioning firm experienced lost sales or lost revenue by reason of the subject merchandise during a period covering the three most recently completed calendar years and that portion of the current calendar year for which information is reasonably available. For each named purchaser, petitioners must provide the email address of the specific contact person, 5-digit zip code, and the information identified in the template spreadsheet specified in the Commission's Handbook on Filing Procedures. Petitioners must certify that all lost sales or lost revenue allegations identified in the petition will also be submitted electronically in the manner specified in the Commission's Handbook on Filing Procedures. (3) The petition shall contain a certification that each item of information specified in paragraph (b)(2) of this section that the petition does not include was not reasonably available to the petitioner. (4) Petitioners are also advised to refer to the administering authority's regulations concerning the contents of petitions. [61 FR 37831, July 22, 1996, as amended at 79 FR 35924, June 25, 2014; 80 FR 52618, Sept. 1, 2015] § 207.12 Notice of preliminary phase of investigation. Upon receipt by the Commission of a petition under § 207.10 or receipt of notice that the administering authority has commenced an investigation under section 702(a) or section 732(a) of the Act, the Director shall, as soon as practicable after consultation with the administering authority, institute an investigation and commence the preliminary phase of the investigation under section 703(a) or section 733(a) of the Act and shall publish a notice to that effect in the Federal Register. [61 FR 37832, July 22, 1996] § 207.13 Cooperation with administering authority; preliminary phase of investigation. Subsequent to institution of an investigation pursuant to section 207.12, the Director shall conduct such investigation as the Director deems appropriate. Information adduced in the investigation shall be placed on the record. The Director shall cooperate with the administering authority in its determination of the sufficiency of a petition and in its decision whether to permit any proposed amendment to a petition. Notwithstanding §§ 201.11(c) and 201.14(b) of this chapter, late filings in the preliminary phase of an investigation shall be referred to the Director, who shall determine whether to accept such filing for good cause shown by the person making the filing. [61 FR 37832, July 22, 1996] § 207.14 Negative petition determination. Upon receipt by the Commission of notice from the administering authority under section 702(d) or section 732(d) of the Act that the administering authority has made a negative petition determination under section 702(c)(3) or section 732(c)(3) of the Act, the investigation begun pursuant to § 207.12 shall terminate. All persons who have received requests for information from the Director shall be notified of the termination. [61 FR 37832, July 22, 1996] § 207.15 Written briefs and conference. Each party may submit to the Commission on or before a date specified in the notice of investigation issued pursuant to § 207.12 a written brief containing information and arguments pertinent to the subject matter of the investigation. Briefs shall be signed, shall include a table of contents, and shall contain no more than fifty (50) pages of textual material. Any person not a party may submit a brief written statement of information pertinent to the investigation within the time specified and the same manner specified for the filing of briefs. In addition, the presiding official may permit persons to file within a specified time answers to questions or requests made by the Commission's staff. If the presiding official deems it appropriate, the presiding official shall hold a conference. The conference, if any, shall be held in accordance with the procedures in § 201.13 of this chapter, except that in connection with its presentation a party may provide written witness testimony at the conference. The party shall file the written testimony in accordance with § 201.8(d) of this chapter no later than the date of the conference. If the written testimony is filed on the day of the conference, the party shall also file with the Secretary on that day nine (9) true paper copies of any such written testimony. The presiding official may request the appearance of witnesses, take testimony, and administer oaths. [90 FR 235, Jan. 3, 2025] § 207.16 [Reserved] § 207.17 Staff report. Prior to the Commission's preliminary determination, the Director shall submit to the Commission a staff report. A public version of the staff report shall be made available to the public after the Commission's preliminary determination and a business proprietary version shall also be made available to persons authorized to receive business proprietary information under § 207.7. § 207.18 Notice of preliminary determination. Whenever the Commission makes a preliminary determination, the Secretary shall serve copies of the determination and a public version of the staff report on the petitioner, other parties to the investigation, and the administering authority. The Secretary shall publish a notice of such determination in the Federal Register. [61 FR 37832, July 22, 1996] Subpart C—Final Determinations, Short Life Cycle Products Source: 56 FR 11928, Mar. 21, 1991, unless otherwise noted. § 207.20 Investigative activity following preliminary determination. (a) If the Commission's preliminary determination is affirmative, the Director shall continue investigative activities pending notice by the administering authority of its preliminary determination under section 703(b) or section 733(b) of the Act. (b) The Director shall circulate draft questionnaires for the final phase of an investigation to parties to the investigation for comment. Any party desiring to comment on draft questionnaires shall submit such comments in writing to the Commission within a time specified by the Director. All requests for collecting new information shall be presented at this time. The Commission will disregard subsequent requests for collection of new information absent a showing that there is a compelling need for the information and that the information could not have been requested in the comments on the draft questionnaires. [61 FR 37832, July 22, 1996, as amended at 79 FR 35925, June 25, 2014] § 207.21 Final phase notice of scheduling. (a) Notice from the administering authority of an affirmative preliminary determination under section 703(b) or section 733(b) of the Act and notice from the administering authority of an affirmative final determination under section 705(a) or section 735(a) of the Act shall be deemed to occur on the date on which the transmittal letter of such determination is received by the Secretary from the administering authority or the date on which notice of such determination is published in the Federal Register, (b) Upon receipt of notice from the administering authority of an affirmative preliminary determination under section 703(b) or section 733(b) of the Act or, if the administering authority's preliminary determination is negative, notice of an affirmative final determination under section 705(a) or section 735(a) of the Act, the Commission shall publish in the Federal Register (c) If the administering authority's preliminary determination is negative, the Director shall continue such investigative activities as the Director deems appropriate pending a final determination by the administering authority under section 705(a) or section 735(a) of the Act. (d) Upon receipt by the Commission of notice from the administering authority of its final negative determination under section 705(a) or section 735(a) of the Act, the corresponding Commission investigation shall be terminated. [61 FR 37832, July 22, 1996] § 207.22 Prehearing and final staff reports. (a) Prehearing staff report. (b) Final staff report. [56 FR 11927, Mar. 21, 1991, as amended at 60 FR 22, Jan. 3, 1995. Redesignated at 61 FR 37832, July 22, 1996] § 207.23 Prehearing brief. Each party who is an interested party shall submit to the Commission, no later than five (5) business days prior to the date of the hearing specified in the notice of scheduling, a prehearing brief. Prehearing briefs shall be signed and shall include a table of contents.
The prehearing brief should present a party's case concisely and shall, to the extent possible, refer to the record and include information and arguments which the party believes relevant to the subject matter of the Commission's determination under section 705(b) or section 735(b) of the Act. Any person not an interested party may submit a brief written statement of information pertinent to the investigation within the time specified and the same manner specified for filing of prehearing briefs. [79 FR 35925, June 25, 2014, as amended at 90 FR 235, Jan. 3, 2025] § 207.24 Hearing. (a) In general. (b) Procedures. Federal Register. (c) Hearing transcripts In general. (2) Revision of transcripts. (d) Closed sessions. [61 FR 37832, July 22, 1996, as amended at 70 FR 8512, Feb. 22, 2005; 76 FR 61943, Oct. 6, 2011; 90 FR 235, Jan. 3, 2025] § 207.25 Posthearing briefs. Any party may file a posthearing brief concerning the information adduced at or after the hearing with the Secretary within a time specified in the notice of scheduling or by the presiding official at the hearing. No such posthearing brief shall exceed fifteen (15) pages of textual material. In addition, the presiding official may permit persons to file answers to questions or requests made by the Commission at the hearing within a specified time. The Secretary shall not accept for filing posthearing briefs or answers which do not comply with this section. [90 FR 236, Jan. 3, 2025] § 207.26 Statements by nonparties. Any person other than a party may submit a brief written statement of information pertinent to the investigation within the time specified for the filing of posthearing briefs. [56 FR 11928, Mar. 21, 1991. Redesignated at 61 FR 37832, July 22, 1996] § 207.27 Short life cycle products. (a) An eligible domestic entity may file a petition to establish a product category for short life cycle merchandise which has been the subject of two or more affirmative dumping determinations. The Commission shall within thirty (30) days of the filing of the petition determine its sufficiency. If the petition is found to be sufficient, the Commission shall institute a proceeding to establish a product category and publish a notice of institution in the Federal Register. (b) The Commission may on its own initiative and at any time modify the scope of a product category established in a proceeding pursuant to paragraph (a) of this section. Ninety (90) days prior to such modification, the Commission shall publish a notice of proposed modification in the Federal Register. [56 FR 11928, Mar. 21, 1991. Redesignated at 61 FR 37832, July 22, 1996] § 207.28 Anticircumvention. Prior to providing advice to the administering authority pursuant to section 781(e)(3) of the Act, the Commission shall publish in the Federal Register [90 FR 236, Jan. 3, 2025] § 207.29 Publication of notice of determination. Whenever the Commission makes a final determination, the Secretary shall serve copies of the determination and the nonbusiness proprietary version of the final staff report on the petitioner, other parties to the investigation, and the administering authority. The Secretary shall publish notice of such determination in the Federal Register. [61 FR 37833, July 22, 1996] § 207.30 Comment on information. (a) In any final phase of an investigation under section 705 or section 735 of the Act, the Commission shall specify a date on which it will disclose to all parties to the investigation all information it has obtained on which the parties have not previously had an opportunity to comment. Any such information that is business proprietary information will be released to persons authorized to obtain such information pursuant to § 207.7. The date on which disclosure is made will occur after the filing of posthearing briefs pursuant to § 207.25. (b) The parties shall have an opportunity to file comments on any information disclosed to them after they have filed their posthearing brief pursuant to § 207.25. Comments shall only concern such information, and shall not exceed fifteen (15) pages of textual material. A comment may address the accuracy, reliability, or probative value of such information by reference to information elsewhere in the record, in which case the comment shall identify where in the record such information is found. Comments containing new factual information shall be disregarded. The date on which such comments must be filed will be specified by the Commission when it specifies the time that information will be disclosed pursuant to paragraph (a) of this section. The record shall close on the date such comments are due, except with respect to investigations subject to the provisions of section 771(7)(G)(iii) of the Act, and with respect to changes in bracketing of business proprietary information in the comments permitted by § 207.3(c). [61 FR 37833, July 22, 1996, as amended at 76 FR 61943, Oct. 6, 2011; 79 FR 35925, June 25, 2014; 90 FR 236, Jan. 3, 2025] Subpart D—Terminated, Suspended, and Continued Investigations, Investigations to Review Negotiated Agreements, and Investigations To Review Outstanding Determinations Source: 56 FR 11929, Mar. 21, 1991, unless otherwise noted. § 207.40 Termination and suspension of investigation. (a) An investigation under title VII may be terminated by the Commission by giving notice in the Federal Register (b) Upon receipt of notice of suspension of an investigation by the administering authority under section 704 (b) or (c) or 734(b), (c), or (1), of the Act, the Secretary shall issue a notice of suspension of the Commission investigation. Such suspension shall not prevent the Director from conducting such other investigative activities as he deems appropriate with respect to the subject matter of the suspended investigation. (c) Resumption of suspended investigation Purpose. (2) Procedures. [56 FR 11927, Mar. 21, 1991, as amended at 60 FR 22, Jan. 3, 1995] § 207.41 Commission review of agreements to eliminate the injurious effect of subsidized imports or imports sold at less than fair value. If the administering authority determines to suspend an investigation upon acceptance of an agreement to eliminate the injurious effect of subsidized imports or imports sold at less than fair value, the Commission shall, upon petition, initiate an investigation to determine whether the injurious effect of imports of the merchandise which was the subject of the suspended investigation is eliminated completely by the agreement. Petitions may be filed by a party to the investigation which is an interested party described in paragraph (C), (D), (E), (F), or (G) of section 771(9) of the Act. Investigations under this section shall be completed within seventy five (75) days of their initiation. § 207.42 Investigation continued upon request. Upon receipt of advice from the administering authority that it has received a request for the continuation of a suspended investigation pursuant to section 704(g) or 734(g) of the Act, the Commission shall continue the investigation. The procedures set forth in subparts B and C of this part, including applicable time limitations, shall apply to all continued investigations within this rule. § 207.43 [Reserved] § 207.44 Consolidation of investigations. The Commission may, when appropriate, consolidate continued investigations under section 704(g) or section 734(g) of the Act with investigations to review agreements for the elimination of injury under section 704(h) or section 734(h) of the Act. § 207.45 Investigation to review outstanding determination. (a) Request for review. (b) Notice of receipt of a request. Federal Register Federal Register (c) Institution of an investigation. Federal Register Federal Register (d) Conduct of review investigation. [56 FR 11929, Mar. 21, 1991, as amended at 63 FR 30607, June 5, 1998; 79 FR 35925, June 25, 2014] § 207.46 Investigations concerning certain countervailing duty orders. (a) Definitions. (1) Requesting party (2) Order (3) WTO Agreement (b) Request for review. (1) A description and identification of the relevant domestic like product, the industry in the United States producing that product that is likely to be materially injured by reason of imports of the subject merchandise if the Order is revoked, and each individual member of that industry. (2) Information reasonably available to the requesting party concerning the names and addresses of all known enterprises believed to be manufacturing, producing, exporting, or importing the subject merchandise; (3) Information reasonably available to the requesting party documenting that the industry described in paragraph (b)(1) of this section is likely to be materially injured by reason of subject imports if the Order is revoked, including: (i) Information concerning the capacity, production, sales, market share, inventories, employment, wages, productivity, profits, ability to raise capital, and development and production efforts of the industry described in paragraph (b)(1) of this section. (ii) Information concerning current and projected production capacity in the exporting country of the subject merchandise, inventories of the subject merchandise, and the existence of barriers to the importation of such merchandise into countries other than the United States. (4) Information concerning any scope and anticircumvention rulings issued by the administering authority with respect to the Order. (c) Initiation of Investigation. Federal Register. (2) Subject to paragraph (c)(3) of this section, a section 753 investigation shall be completed within one year of the date of publication of the notice of initiation of such investigation in the Federal Register. (3) The Commission may take more than one year to complete section 753 investigations for which requests for investigations are received within one year after the date on which the WTO Agreement enters into force with respect to the United States. All such investigations must be completed within four years of that date, however. In determining whether to extend the completion date for a section 753 investigation, the Commission shall consult with the administering authority. Grounds for extending completion include, but are not limited to, the desire to conduct investigations involving the same or similar domestic industries and domestic like products on a simultaneous basis, and the desire to efficiently manage the Commission's caseload. (d) Conduct of Investigations. (e) When No Request for Review Is Filed. (f) Pending and Suspended Section 303 Investigations. (g) Request for simultaneous section 751(c) review. (2) Should the administering authority, after consulting with the Commission, determine to initiate a section 751(c) review, the Commission shall conduct a consolidated review under sections 751(c) and 753 of the Act of the orders involving the same or comparable subject merchandise. Any such consolidated review shall be conducted under the applicable procedures set forth in subparts A and F of this part. (3) Should the administering authority, after consulting with the Commission, determine not to initiate a section 751(c) review, the Commission will consider the request for a section 753 review pursuant to the procedures established in this section. [60 FR 23, Jan. 3, 1995, as amended at 63 FR 30607, June 5, 1998] Subpart E—Judicial Review Source: 56 FR 11930, Mar. 21, 1991, unless otherwise noted. § 207.50 Judicial review. (a) In general. (b) Transmittal of record. (c) Service of process. § 207.51 Judicial review of denial of application for disclosure of certain business proprietary information under administrative protective order. (a) In general. (b) Transmittal of record. (c) Pertinent parts of the record. (1) The application for Commission disclosure together with any documents filed in support thereof or in opposition thereto. (2) Any Government memoranda relating to the Commission's determination, and (3) The Commission's action on the application. (d) Service of process. Subpart F—Five-Year Reviews Source: 63 FR 30608, June 5, 1998, unless otherwise noted. § 207.60 Definitions. For purposes of this subpart: (a) The term five-year review (b) The term expedited review (c) The term full review (d) The term notice of institution Federal Register § 207.61 Responses to notice of institution. (a) When information must be filed. Federal Register. (b) Information to be filed with the Secretary. (1) A statement expressing its willingness to participate in the review by providing information requested by the Commission; (2) A statement regarding the likely effects of revocation of the order(s) or termination of the suspended investigation(s) under review; (3) Such information or industry data as the Commission may specify in the notice of institution. (c) When requested information cannot be supplied. (d) Submissions by persons other than interested parties. Federal Register. [44 FR 76468, Dec. 26, 1979, as amended at 74 FR 2849, Jan. 16, 2009; 76 FR 61944, Oct. 6, 2011; 79 FR 35925, June 25, 2014; 90 FR 236, Jan. 3, 2025] § 207.62 Rulings on adequacy and nature of Commission review. (a) Basis for rulings on adequacy. (b) Comments to the Commission. (i) Any interested party that is a party to the five-year review and that has responded to the notice of institution; and (ii) Any party, other than an interested party, that is a party to the five-year review. (2) Comments shall be submitted within the time specified in the notice of institution. In a grouped review, only one set of comments shall be filed per party. Comments shall not exceed fifteen (15) pages of textual material. Comments containing new factual information shall be disregarded. (c) Notice of scheduling of full review. Federal Register (d) Procedures for expedited reviews. (2) The following parties may file the comments described in paragraph (d)(1) of this section: (i) Any interested party that is a party to the five-year review and that has filed an adequate response to the notice of institution; and (ii) Any party, other than an interested party, that is a party to the five-year review. (3) Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review within the time specified for the filing of written comments. (4) The Director shall prepare and place in the record, prior to the date on which the comments described in paragraph (d)(1) of this section must be filed, a staff report containing information concerning the subject matter of the review. A version of the staff report containing business proprietary information shall be placed in the nonpublic record and made available to persons authorized to receive business proprietary information under § 207.7, and a nonbusiness proprietary version of the staff report shall be placed in the public record. (e) Use of facts available. [63 FR 30608, June 5, 1998, as amended at 68 FR 32978, June 3, 2003; 76 FR 61944, Oct. 6, 2011; 79 FR 35925, June 25, 2014; 90 FR 236, Jan. 3, 2025] § 207.63 Circulation of draft questionnaires. (a) The Director shall circulate draft questionnaires to the parties for comment in each full review. (b) Any party desiring to comment on the draft questionnaires shall submit such comments in writing to the Commission within a time specified by the Director. All requests for collecting new information should be presented at this time. The Commission will disregard subsequent requests for collection of new information absent a showing that there is a compelling need for the information and that the information could not have been requested in the comments on the draft questionnaires. § 207.64 Staff reports. (a) Prehearing staff report. (b) Final staff report. [63 FR 30608, June 5, 1998, as amended at 68 FR 32978, June 3, 2003] § 207.65 Prehearing briefs. Each party to a five-year review may submit a prehearing brief to the Commission on the date specified in the scheduling notice. A prehearing brief shall be signed and shall include a table of contents.
A prehearing brief shall be filed electronically, and nine (9) true paper copies shall be submitted (on paper measuring 8.5 × 11 inches and single-sided) on the same business day. The prehearing brief should present a party's case concisely and shall, to the extent possible, refer to the record and include information and arguments which the party believes relevant to the subject matter of the Commission's determination. [79 FR 35925, June 25, 2014, as amended at 90 FR 236, Jan. 3, 2025] § 207.66 Hearing. (a) In general. (b) Procedures. § 207.67 Posthearing briefs and statements. (a) Briefs from parties. (b) Statements from nonparties. [63 FR 30608, June 5, 1998, as amended at 76 FR 61944, Oct. 6, 2011; 79 FR 35926, June 25, 2014; 90 FR 236, Jan. 3, 2025] § 207.68 Final comments on information. (a) The Commission shall specify a date after the filing of posthearing briefs on which it will disclose to all parties to the five-year review all information it has obtained on which the parties have not previously had an opportunity to comment. Any such information that is business proprietary information will be released to persons authorized to obtain such information pursuant to § 207.7. (b) The parties shall have an opportunity to file comments on any information disclosed to them after they have filed their posthearing brief pursuant to § 207.67. Comments shall only concern such information, and shall not exceed fifteen (15) pages of textual material. A comment may address the accuracy, reliability, or probative value of such information by reference to information elsewhere in the record, in which case the comment shall identify where in the record such information is found. Comments containing new factual information shall be disregarded. The date on which such comments must be filed will be specified by the Commission when it specifies the time that information will be disclosed pursuant to paragraph (a) of this section. The record shall close on the date such comments are due, except with respect to changes in bracketing of business proprietary information in the comments permitted by § 207.3(c). [63 FR 30608, June 5, 1998, as amended at 76 FR 61944, Oct. 6, 2011; 79 FR 35926, June 25, 2014; 90 FR 236, Jan. 3, 2025] § 207.69 Publication of determinations. Whenever the Commission makes a determination concluding a five-year review, the Secretary shall serve copies of the determination and, when applicable, the nonbusiness proprietary version of the final staff report on all parties to the review, and on the administering authority. The Secretary shall publish notice of such determination in the Federal Register. Subpart G—Implementing Regulations for the United States-Mexico-Canada Agreement Authority: Sec. 777(d) of the Tariff Act of 1930 (19 U.S.C. 1677f (d); secs. 402(g), 405 of the North American Free Trade Agreement Implementation Act (107 Stat. 2057, Pub. L. 103-182, Dec. 8, 1993). Source: 59 FR 5097, Feb. 3, 1994, unless otherwise noted. § 207.90 Scope. This subpart sets forth the procedures and regulations for implementation of Section D of Chapter 10 of the Agreement between the United States of America, the United Mexican States, and Canada, as provided by Section 422(a) of the United States-Mexico-Canada Implementation Act (19 U.S.C. 1677(f)). These regulations are authorized by section 412(g), as amended by section 504(c)(3)(G), of the United States-Mexico-Canada Implementation Act and 19 U.S.C. 4582. [88 FR 14891, Mar. 10, 2023] § 207.91 Definitions. Except as otherwise provided in this subpart, the definitions set forth in the Binational Panel Rules and the ECC Rules (as defined in this section) are applicable to this subpart and to any protective orders issued pursuant to this subpart. As used in this subpart— Administrative Law Judge Agreement Binational Panel Rules Canadian Secretary Charged party Clerical person Commission Commission Secretary Complaint Counsel Date of service Days ECC Rules Extraordinary challenge committee Final determination Free Trade Area country Investigative attorney Mexican Secretary Notice of appearance Panel review Party Person Privileged information Professional Prohibited act Proprietary information Protective order Responsible Secretary Secretariat Service address Service list United States Secretary USMCA Act [88 FR 14891, Mar. 10, 2023] § 207.92 Procedures for commencing review of final determinations. (a) Notice of Intent to Commence Judicial Review. (b) Request for Panel Review. [88 FR 14892, Mar. 10, 2023] § 207.93 Protection of proprietary information during panel and committee proceedings. (a) Requests for protective orders. (b) Persons authorized to receive proprietary information under protective order. (1) The members of a binational panel or an extraordinary challenge committee, any assistant to a member, court reporters and translators; (2) Counsel and professionals, provided that the counsel or professional does not participate in competitive decision-making, as defined in US Steel Corp. United States, (3) Clerical persons who are employed or retained by and under the direction and control of a person described in paragraph (b) (1), (2), (5) or (6) of this section who has been issued a protective order, if such clerical persons: (i) Are not involved in the competitive decision-making, or the support functions for the competitive decision-making, of a participant to the proceeding or of any person that would gain a competitive advantage through knowledge of the proprietary information sought, and (ii) Have agreed to be bound by the terms set forth in the application for protective order of the person who retains or employs him or her; (4) The Secretaries of the United States, Canadian and Mexican sections of the Secretariat and members of their staffs; (5) Any officer or employee of the United States Government who the United States Trade Representative informs the Commission Secretary needs access to proprietary information to make recommendations regarding the convening of extraordinary challenge committees; and (6) Any officer or employee of the Government of Canada or the Government of Mexico who the Canadian Minister of Trade or the Mexican Secretary of Economia ( Secretaría de Economía (7) Counsel representing, and other staff providing support to, the investigating authority, the Commission. (c) Procedures for obtaining access to proprietary information under protective order Persons who must file an application for release under protective order. (2) Contents of applications for release under protective order. (i) The Commission Secretary shall adopt from time to time forms for submitting requests for release pursuant to protective order that incorporate the terms of this section. The Commission Secretary shall supply the United States Secretary with copies of the forms for persons described in paragraphs (b)(1), (4), (5), and (6) of this section. Other applicants may obtain the forms at the Commission Secretary's office at 500 E Street SW, Washington, DC 20436, or from the website of the Commission Secretary. (ii) Such forms shall require the applicant to submit a personal sworn statement that, in addition to such other conditions as the Commission Secretary may require, the applicant will: (A) Not disclose any proprietary information obtained under protective order and not otherwise available to any person other than: ( 1 ( 2 ( 3 ( 4 (B) Not use any of the proprietary information released under protective order and not otherwise available for purposes other than the particular proceedings under Section D of Chapter 10 of the USMCA, or Article 1904 of the NAFTA, as applicable; (C) Upon completion of panel review, or at such other date as may be determined by the Commission Secretary, return to the Commission, or certify to the Commission Secretary the destruction of, all documents released under the protective order and all other material (such as briefs, notes, or charts), containing the proprietary information released under the protective order, except that those described in paragraph (b)(1) of this section may return such documents and other materials to the United States Secretary. The United States Secretary may retain a single file copy of each document for the official file. (D) Update information in the application for protective order as required by the protective order; and (E) Acknowledge that the person becomes subject to the provisions of 19 U.S.C. 1677f(f) and to this subpart, as well as corresponding provisions of Canadian and Mexican law on disclosure undertakings concerning proprietary information. (3) Timing of applications. (4) Filing and service of applications Applications of persons described in paragraph (b)(1) of this section. (ii) Applications of persons described in paragraph (b)(2) of this section Filing. (B) Service. (iii) Applications of persons described in paragraph (b)(4) of this section. (iv) Applications of persons described in paragraph (b)(5) of this section. (v) Applications of persons described in paragraph (b)(6) of this section. (5) Persons who retain access to proprietary information under a protective order issued during the administrative proceedings. (ii) Any person described in paragraph (c)(5)(i) of this section, concurrent with the filing of a complaint or notice of appearance in the panel review on behalf of the participant represented by such person, shall: (A) File the completed original of the form (USMCA APO Form C) and three (3) copies with the Commission Secretary; and (B) File four (4) copies of the completed USMCA APO Form C with the United States Secretary. (iii) Any person described in paragraph (c)(5)(i) of this section must submit a new application for a protective order at the commencement of a panel review. (d) Issuance of protective orders Applicants described in paragraphs (b)(1), (4), (5), and (6) of this section. (2) Applicants described in paragraph (b)(2) of this section. (ii) Denial of application. (iii) Appeal from denial of an application. (iv) Approval of the application. (v) Filing of protective orders. (e) Retention of protective orders; service list. (f) Filing of amendments to granted applications. (1) If a person described in paragraph (b)(1) of this section, submit any amendments to the application for a protective order to the United States Secretary, who shall file the original and three (3) copies with the Commission Secretary; (2) If a person described in paragraph (b)(2) of this section, file the original and three (3) copies of any amendments to the application with the Commission Secretary and four (4) copies with the United States Secretary; or (3) If any other person, file the original and three (3) copies of any amendments to the application with the Commission Secretary. (g) Modification or revocation of protective orders. (2) Any person may file a response to the request within twenty (20) days after it is filed, unless the Commission issues a notice indicating otherwise. After consideration of the request and any responses thereto, the Commission shall take such action as it deems appropriate. (3) If a request filed under this paragraph alleges that a person is violating the terms of a protective order, the Commission may treat the request as a report of violation under § 207.101 of this subpart. (4) The Commission may also modify or revoke a protective order on its own initiative. (5) If the Commission revokes, amends or modifies a person's protective order, it shall provide to the person, the United States Secretary and all participants a copy of the Notice of Revocation, amendment or modification. [59 FR 5097, Feb. 3, 1994, as amended at 70 FR 8512, Feb. 22, 2005; 88 FR 14892, Mar. 10, 2023] § 207.94 Protection of privileged information during panel and committee proceedings. If a panel or ECC decides that the Commission is required, pursuant to the United States law, to grant access pursuant to a protective order to information for which the Commission has claimed a privilege, any individual to whom the panel or ECC has directed the Commission release information and who is otherwise within the category of individuals eligible to receive proprietary information pursuant to § 207.93(b), may file an application for a protective order with the Commission. Upon receipt of such application, the Commission Secretary shall certify to the Commission that a panel or ECC has required the Commission to release such information to specified persons, pursuant to 19 U.S.C. 1677f(f)(1). Twenty-four hours following such certification, the Commission Secretary shall issue a protective order releasing such information to any authorized applicant subject to terms and conditions equivalent to those described in § 207.93(c)(2). [88 FR 14893, Mar. 10, 2023] Procedures for Imposing Sanctions for Violation of the Provisions of a Protective Order Issued During Panel and Committee Proceedings § 207.100 Sanctions. (a) A person, other than a person exempted from this regulation by the provisions of 19 U.S.C. 1677f(f)(4), who is determined under this subpart to have committed a prohibited act, may be subject to one or more of the following sanctions: (1) A civil penalty not to exceed $100,000 for each violation, each day of a continuing violation constituting a separate violation; (2) Debarment from practice in any capacity before the Commission, which disbarment may, in appropriate circumstances, include such person's partners, associates, employers and employees, for a designated time period following publication of a determination that the protective order has been breached; (3) Denial of further access to proprietary or privileged information covered by the breached protective order or to proprietary information in future Commission proceedings; (4) An official reprimand by the Commission; (5) In the case of an attorney, accountant, or other professional, referral of the facts underlying the prohibited act to the ethics panel or other disciplinary body of the appropriate professional association or licensing authority; (6) When appropriate, referral of the facts underlying the violation to the United States Trade Representative or his or her designees, or to another government agency; and (7) Any other administrative sanctions as the Commission determines to be appropriate. (b) Each partner, associate, employer, and employee described in paragraph (a)(2) of this section is entitled to all the administrative rights set forth in this subpart. (c) For the purposes of this subpart, the knowing receipt of information the receipt of which constitutes a violation of a protective order includes, but is not limited to, the reading or unauthorized dissemination of the information covered by a protective order by a person who knows or should reasonably believe that he or she is not authorized to read or disseminate such information. § 207.101 Reporting of prohibited act and commencement of investigation. (a) Any person who has information indicating that a prohibited act has been committed shall immediately report all pertinent facts relating thereto to the Commission Secretary. (b) Upon receipt, the Commission Secretary shall record the information, assign an investigation number, and forward all information he or she received to the Office of Unfair Import Investigations. (c) As expeditiously as possible, the Office of Unfair Import Investigations shall conduct an inquiry to determine whether there is reasonable cause to believe that a person or persons have committed a prohibited act. At any time, the Office of Unfair Import Investigations may request that the Commission assign an administrative law judge to oversee the inquiry. (d) At the conclusion of the inquiry, the Office of Unfair Import Investigations shall assess whether the available information is sufficient to provide reasonable cause to believe that a person or persons have committed a prohibited act. § 207.102 Initiation of proceedings. (a) Upon completion of the inquiry, (1) If the Office of Unfair Import Investigations concludes that there is not reasonable cause to believe that a person or persons have committed a prohibited act, the Office of Unfair Import Investigations shall: (i) Submit a report to the Commission; and (ii) Unless the Commission directs otherwise, the file shall be closed and returned to the Commission Secretary. (2) If the Office of Unfair Import Investigations concludes that there is reasonable cause to believe that a person or persons have committed a prohibited act, the Office of Unfair Import Investigations shall: (i) Make a recommendation to the Commission regarding whether and to what extent it is appropriate to notify the person whose proprietary information may have been compromised; and (ii) Submit a report and recommendation to the Commission regarding whether to initiate sanctions proceedings or to take other appropriate action. (b) The Commission may make any appropriate determination regarding the initiation of sanctions proceedings, including rejecting, approving, or approving and amending any recommendation made by the Office of Unfair Import Investigations. (c) If the Commission determines that it is appropriate to issue a charging letter, the Commission shall appoint an administrative law judge to oversee the proceeding and the Commission Secretary shall initiate a proceeding under this subpart by issuing a charging letter as set forth in 19 CFR 207.103. (d) If the Commission determines that it is appropriate to initiate proceedings, but that the party to be charged is beyond the jurisdiction of the Commission and within the jurisdiction of another Free Trade Area country, or that for other reasons an authorized agency of another Free Trade Area country would be the more appropriate forum for initiation of a proceeding, the Commission shall take the necessary steps for issuance of a letter requesting the authorized agency of another Free Trade Area country to initiate proceedings under applicable law on the basis of an alleged prohibited act. (e) The Commission may make any determination regarding notification about the alleged prohibited act and the relevant underlying facts to the persons who submitted the proprietary information that allegedly has been disclosed. A determination by the Commission on this subject does not foreclose the administrative law judge from redetermining at any time during the hearing whether notification to the compromised party is appropriate. (f) If the Commission determines that it is not appropriate to issue a charging letter or to refer the facts to the authorized agency of another Free Trade Area country, the file shall be closed and returned to the Commission Secretary, unless the Commission directs otherwise. (g) All aspects of the inquiry shall remain confidential, except as deemed reasonably necessary to the Office of Unfair Import Investigations to gather relevant information and to protect the interests of the person who submitted the proprietary information, or except as otherwise ordered by the Commission. Except as the Commission may otherwise order, the Commission Secretary shall maintain all closed investigatory files in confidence to the extent permitted by law, and shall destroy any documentary evidence containing allegations of a prohibited act for which no proceeding is initiated one year after the file is closed. § 207.103 Charging letter. (a) Contents of charging letter. (1) Allegations concerning a prohibited act; (2) A citation to § 207.100 of this subpart, for a listing of sanctions that may be imposed for a prohibited act; (3) A statement that a proceeding has been initiated and that an APA hearing will be held before an administrative law judge; (4) A statement that the charged party or his or her attorney may request the issuance of an appropriate administrative protective order to obtain access to the information upon which the charge is based; (5) A statement that the charged party has a right to retain an attorney at the charged party's own expense for purposes of representation; and (6) A statement that the charged party has the right to request in the response described in § 207.104 of this subpart that the proceedings remain confidential to the extent practicable. (b) Service of charging letter. (i) Mailing a copy by registered or certified mail addressed to the charged party at the party's last known permanent address; or (ii) Personal service; or (iii) Any other method acceptable under Rule 4 of the Federal Rules of Civil Procedure. (2) Service shall be evidenced by a certificate of service signed by the person making such service. (c) Confidentiality of charging letter. (d) Amendment of charging letter. (2) If the administrative law judge determines that the charging letter should be amended to include additional parties, the judge shall issue a recommended determination to that effect. The Commission shall review the recommended determination, and issue a determination granting or denying the motion to amend the charging letter to include additional parties. (3) Upon motion, the administrative law judge may grant leave to amend the charging letter for good cause shown upon such conditions as are necessary to avoid prejudicing the public interest and the rights of the parties already charged. (4) Any amended charging letter shall be served upon all charged parties in the form and manner set forth in paragraphs (a) and (b) of this section. § 207.104 Response to charging letter. (a) Time for filing. (b) Form and content. (c) Request for confidentiality. § 207.105 Confidentiality. (a) Protection of proprietary and privileged information. (b) Confidentiality of proceedings. § 207.106 Interim measures. (a) At any time after proceedings are initiated, the administrative law judge, upon motion, or on his or her own initiative, may issue a recommended determination to revoke the allegedly-violated protective order, to disclose information about the proceedings that would otherwise be kept confidential, or to take other appropriate interim measures. (b) Before issuing a determination recommending interim sanctions, the administrative law judge shall afford a party against whom such measures are proposed the opportunity to oppose them. The administrative law judge shall ordinarily decide any motion under this section no more than twenty (20) days after it is filed. (c) The Commission shall review any recommended determination regarding the imposition of interim measures within twenty (20) days from its issuance or such other time as it may order. The Commission may impose any appropriate interim sanctions. (d) The administrative law judge may recommend to the Commission that interim measures be modified or revoked. The Commission shall rule on such recommendation within ten (10) days after its issuance or such other time as it may order. (e) The Commission Secretary shall immediately notify the Secretariat of any interim measures that revoke or modify an outstanding protective order in an ongoing panel review. The Commission Secretary shall also immediately notify the Secretariat of any revocation or modification of an interim measure. § 207.107 Motions. (a) Presentation and disposition. (2) While part of a proceeding is pending before the Commission, all motions relating to that part of the proceeding shall be addressed to the Chairman of the Commission. All written motions shall be filed with the Commission Secretary and served upon all parties. (b) Content. (c) Responses. (d) Service. § 207.108 Preliminary conference. As soon as practicable after the response to the charging letter is filed, the administrative law judge shall direct counsel or other representatives for the parties to meet with him or her at a preliminary conference, unless the administrative law judge determines that such a conference is not necessary. At the conference, the administrative law judge shall consider the issuance of such orders as the administrative law judge deems necessary for the conduct of the proceedings. Such orders may include, as appropriate under these regulations, the establishment of a discovery schedule or the issuance of an order, if requested, to provide for maintaining the confidentiality of the proceedings pursuant to § 207.105(b) of this subpart. § 207.109 Discovery. (a) Discovery methods. (1) Depositions upon oral examination or written questions; (2) Written interrogatories; (3) Production of documents or things for inspection and other purposes; and (4) Requests for admissions. (b) Sanctions. (c) Depositions of nonparty officers or employees of the United States or another Free Trade Area country government Depositions of Commission officers or employees. (2) Depositions of officers or employees of other United States agencies, or of the government of another Free Trade Area country. § 207.110 Subpoenas. (a) Application for issuance of a subpoena. (b) Enforcement of a subpoena. (c) Application for subpoena grounded upon the Freedom of Information Act. § 207.111 Prehearing conference. The administrative law judge may direct the attorney or other representatives for the parties to meet with him or her to consider any or all of the following: (a) Simplification and clarification of the issues; (b) Scope of the hearing; (c) Stipulations and admissions of either fact or the content and authenticity of documents; (d) Disclosure of the names of witnesses and the exchange of documents or other physical evidence that will be introduced in the course of the hearing; and (e) Such other matters as may aid in the orderly and expeditious disposition of the proceedings. § 207.112 Hearings. (a) Purpose of and scheduling of hearings. (b) Joinder or consolidation. (c) Compliance with Administrative Procedure Act. § 207.113 The record. (a) Definition of the record. (1) The charging letter and response, motions and responses, and other documents and exhibits properly filed with the Commission Secretary; (2) All orders, notices, and the recommended or initial determinations of the administrative law judge; (3) Orders, notices, and any final determination of the Commission; (4) Hearing transcripts, and evidence admitted at the hearing; and (5) Any other items certified into the record by the administrative law judge. (b) Certification of the record. § 207.114 Initial determination. (a) Time for filing of initial determination. (2) The administrative law judge may request the Commission to extend the time period for issuance of the initial determination for good cause shown. (b) Contents of the initial determination. (1) An opinion making all necessary findings of fact and conclusions of law and the reasons therefor, and (2) A statement that the initial determination shall become the determination of the Commission unless a party files a petition for review of the determination pursuant to § 207.115 or the Commission pursuant to § 207.116 of this subpart, orders on its own motion a review of the initial determination or certain issues therein. (c) Burden of proof. (d) Effect of initial determination. § 207.115 Petition for review. (a) The petition and responses. (2) Any person who wishes to obtain judicial review pursuant to 19 U.S.C. 1677f(f)(5) must first seek review by the Commission in accordance with the procedures set forth in this regulation governing petitions for review. (3) Any petition for review must be filed within fourteen (14) days after service of the initial determination on the charged party. The petition shall: (i) Identify the party seeking review; (ii) Specify the issues upon which review is sought, including a statement as to whether review is sought of the initial determination regarding the commitment of a prohibited act, or of the initial determination regarding sanctions; (iii) Set forth a concise statement of the relevant law or material facts necessary for consideration of the stated issues; and (iv) Present a concise argument setting forth the reasons why review is necessary or appropriate. (4) Any issue not raised in the petition for review filed under this section will be deemed to have been abandoned and may be disregarded by the Commission. (5) Any party may file a response to the petition within seven (7) days after service of the petition, except that a party who has defaulted may not file a response to any issue regarding which the party is in default. (b) Grant or denial of review. (2) The Commission shall base its decision whether to grant a petition for review upon the petition and response thereto, without oral argument or further written submissions, unless the Commission shall order otherwise. (3) The Commission shall grant a petition for review of an initial determination or certain issues therein when at least one of the participating Commissioners votes for ordering review. In its notice, the Commission shall establish the scope of the review and the issues that will be considered and make provisions for the filing of briefs and oral argument if deemed appropriate by the Commission. The notice that the Commission has granted the petition shall be served by the Commission Secretary on all parties. § 207.116 Commission review on its own motion. Within forty-five (45) days of the date of service of the initial determination, the Commission on its own initiative shall order review of an initial determination or certain issues therein upon request of any Commissioner. § 207.117 Review by Commission. On review, the parties may not present argument on any issue that is not set forth in the notice of review; and the Commission may affirm, reverse, modify, set aside or remand for further proceedings, in whole or in part, the initial determination of the administrative law judge. The Commission may make any findings or conclusions that in its judgment are proper based on the record in the proceeding. § 207.118 Role of the General Counsel in advising the Commission. The Assistant General Counsel for Section 337 Investigations shall serve as Acting General Counsel for the purpose of advising the Commission on proceedings brought under this subpart if the prohibited act described in the charging letter involves a protective order issued in connection with a panel review that was pending when the letter was issued, and the General Counsel participated in the panel review. No other Commission attorney shall advise the Commission on proceedings under this subpart concerning a protective order issued during a panel review in which the attorney participated. § 207.119 Reconsideration. (a) Motion for reconsideration. (b) Disposition of motion for reconsideration. § 207.120 Public notice of sanctions. If the final Commission decision is that there has been a prohibited act, and that public sanctions are to be imposed, notice of the decision will be published in the Federal Register