Other Fields
Agency Scheme: 
USDCDUMP0006
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Under Secretary
Name of Hearing Office (global name): 
Department of Commerce: Office of the Under Secretary
Sub-Agency/Bureau/Division:: 
International Trade Administration
Hearing Officer #1 (Title): 
Presiding Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

This scheme allows for hearings for review of sanctions issued when a party violates an Administrative Protective Order issued in an Anti-Dumping Proceeding. A party may request a hearing before a presiding official, who could be an administrative law judge, a hearing commissioner, or other person who is not under the supervision or control of the Assistant Secretary for Import Administration, the Deputy Secretary for International Trade, the Chief Counsel for Import Administration, or a member of the APO Sanctions Board. See 19 CFR 354.2. If a party is dissatisfied with a decision, he or she may appeal to the APO Sanctions Board, which consists of the Under Secretary for International Trade (who also serves as the chair), the Under Secretary for Economic Affairs, and the General Counsel. See 19 CFR 354.15(a).

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
19 CFR Part 354
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Parties are encouraged to engage in voluntary discovery procedures regarding any non-privileged matter relevant to the proceeding. See 19 CFR 354.10. "A party may serve on any other party interrogatories, requests for admissions, or requests for production of documents for inspection and copying." 19 CFR 354.10(b). Additionally, a party may apply for depositions, and upon a showing of good cause the presiding official can order the deposition of any party or under the control or authority of the party. See 19 CFR 354.10(c).
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Private Party
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted in oral hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination is permitted in oral hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
A decision must be issued within 20 days of the conclusion of an oral hearing. If the decision is based on documents only, then the decision must be issued within 15 days of the date of service of final written submissions. See 19 CFR 354.14(a)
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
"The presiding official may order joinder or consolidation if sanctions are proposed against more than one party or if violations of more than one administrative protective order are alleged if to do so would expedite processing of the cases and not adversely affect the interests of the parties." 19 CFR 354.12(b) "Hearings will be conducted in a fair and impartial manner by the presiding official, who may limit attendance at any hearing or portion thereof if necessary or advisable in order to protect business proprietary information from improper disclosure. The rules of evidence prevailing in courts of law shall not apply, and all evidentiary material the presiding official determines to be relevant and material to the proceeding and not unduly repetitious may be received into evidence and given appropriate weight." 19 CFR 354.12(c) "Upon request by the Deputy Under Secretary, a charged or affected party, or the APO Sanctions Board, a presiding official may modify or waive any rule in the part upon determining that no party will be unduly prejudiced and the ends of justice will thereby be served and upon notice to all parties." 19 CFR 354.4
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
The agency does not employ adjudicators solely for the purpose of serving as a presiding official. A presiding official is only appointed when a hearing is requested by the person alleged to have committed an APO violation. The person may request a hearing but ask that a presiding official not be appointed if settlement negotiations are underway. The presiding official is the person authorized to conduct hearings in administrative proceedings or to rule on any motion or make any determination under this part and may be an Administrative Law Judge, a Hearing Commissioner, or such other person who is not under the supervision or control of the Assistant Secretary for Enforcement and Compliance (formerly Import Administration), the Deputy Under Secretary for International Trade, the Chief Counsel for Trade Enforcement and Compliance (formerly Chief Counsel for Import Administration), or a member of the APO Sanctions Board.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
Verified by Agency: 
Verified