19 C.F.R. § 207.4

The record

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(a) Maintenance of the record. The Secretary shall maintain the record of each investigation conducted by the Commission pursuant to title VII of the Act. The record shall be maintained contemporaneously with each actual filing in the record. It shall be divided into public and nonpublic sections. The Secretary shall also maintain a contemporaneous index of all materials filed in the record. All material properly filed with the Secretary shall be placed in the record. The Commission need not consider in its determinations or include in the record any material that is not filed with the Secretary. All material which is placed in the record shall be maintained in the public record, with the exception of material which is privileged, or which is business proprietary information submitted in accordance with § 201.6 of this chapter. Privileged and business proprietary material shall be maintained in the nonpublic record.

(b) Audits. The Commission may in its discretion verify information received in the course of an investigation. To the extent a verification results in new or different information, the Commission shall place such information on the record.

(c) Materials provided by the administering authority. Materials received by the Commission from the administering authority shall be placed on the Commission's record and shall be designated by the Commission as public or nonpublic in conformity with the applicable designation of the administering authority. Any requests to the Commission either to permit access to such materials or to release such materials shall be referred to the administering authority for its advice.

[44 FR 76468, Dec. 26, 1979, as amended at 61 FR 37829, July 22, 1996]
Notes of Decisions
Cited in 3 cases, 1979–2008 · leading case: Flintkote Co. v. Blumenthal, 469 F. Supp. 115 (N.D.N.Y. 1979).
Flintkote Co. v. Blumenthal, 469 F. Supp. 115 (N.D.N.Y. 1979). · cites it 2× “See 19 C.F.R. § 207.4 (1978). Then, on September 25, 1978, after three days of public hearings and within three months after the Secretary’s publication of a LTFV determination, the ITC determined, by a vote of three commissioners to one with two commissioners not participating,…”
Music Ctr. S.N.C. Di Luciano Pisoni & C. v. Prestini Musical Instruments Corp., 874 F. Supp. 543 (E.D.N.Y 1995). “19 C.F.R. § 207.4 (1993). 10 . If there was no proof of any violation of the APO leading to disclosure of a trade secret to defendants, and no issue of the existence of any trade secret disclosed, there would be no issue of fact to be tried.”
Consol. Fibers, Inc. v. United States, 574 F. Supp. 2d 1371 (Ct. Intl. Trade 2008). “30 (b) requiring plaintiffs to identify where in the record such information is found, or (2) cited to the administrative record before Commerce, which is not part of the Commission’s record, see 19 C.F.R. § 207.4 . Had the Commission accepted new factual information at such a…”
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