C.F.R. » Title 19 » CHAPTER III—INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE › PART 351—ANTIDUMPING AND COUNTERVAILING DUTIES › Subpart C—Information and Argument

19 C.F.R. § 351.310

Hearings

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(a) Introduction. This section sets forth the procedures for requesting a hearing, indicates that the Secretary may consolidate hearings, and explains when the Secretary may hold closed hearing sessions.

(b) Pre-hearing conference. The Secretary may conduct a telephone pre-hearing conference with representatives of interested parties to facilitate the conduct of the hearing.

(c) Request for hearing. Any interested party may request that the Secretary hold a public hearing on arguments to be raised in case or rebuttal briefs within 30 days after the date of publication of the preliminary determination or preliminary results of review, unless the Secretary alters this time limit, or in a proceeding where the Secretary will not issue a preliminary determination, not later than a date specified by the Secretary. To the extent practicable, a party requesting a hearing must identify arguments to be raised at the hearing. At the hearing, an interested party may make an affirmative presentation only on arguments included in that party's case brief and may make a rebuttal presentation only on arguments included in that party's rebuttal brief.

(d) Hearings in general. (1) If an interested party submits a request under paragraph (c) of this section, the Secretary will hold a public hearing on the date stated in the notice of the Secretary's preliminary determination or preliminary results of administrative review (or otherwise specified by the Secretary in an expedited antidumping review), unless the Secretary alters the date. Ordinarily, the hearing will be held two days after the scheduled date for submission of rebuttal briefs.

(2) The hearing is not subject to 5 U.S.C. §§ 551-559, and § 702 (Administrative Procedure Act). Witness testimony, if any, will not be under oath or subject to cross-examination by another interested party or witness. During the hearing, the chair may question any person or witness and may request persons to present additional written argument.

(e) Consolidated hearings. At the Secretary's discretion, the Secretary may consolidate hearings in two or more cases.

(f) Closed hearing sessions. An interested party may request a closed session of the hearing no later than the date the case briefs are due in order to address limited issues during the course of the hearing. The requesting party must identify the subjects to be discussed, specify the amount of time requested, and justify the need for a closed session with respect to each subject. If the Secretary approves the request for a closed session, only authorized applicants and other persons authorized by the regulations may be present for the closed session (see § 351.305).

(g) Transcript of hearing. The Secretary will place a verbatim transcript of the hearing in the public and official records of the proceeding and will announce at the hearing how interested parties may obtain copies of the transcript.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2009–2025 · leading case: Qvd Food Co., Ltd. v. United States, 658 F.3d 1318 (Fed. Cir. 2011).
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Qvd Food Co., Ltd. v. United States, 658 F.3d 1318 (Fed. Cir. 2011). · cites it 2× “§ 1675 (e); 19 C.F.R. § 351.310 (d)(1). While Commerce may not have been legally required to solicit comments from interested parties on information that the agency itself placed on the record, it was permissible for Commerce to decline to rely on that information given the…”
M S Int'l, Inc. v. United States (Fed. Cir. 2022). · cites it 5× “Commerce denied the request for a hearing, ruling it untimely under 19 C.F.R. § 351.310 (c) because more than 30 days had passed since the preliminary determinations in both inves- tigations.”
M S Int'l, Inc. v. United States (Fed. Cir. 2022). · cites it 5× “Commerce denied the request for a hearing, ruling it untimely under 19 C.F.R. § 351.310 (c) because more than 30 days had passed since the preliminary determinations in both inves- tigations.”
Catfish Farmers of Am. v. United States, 2025 CIT 152 (Ct. Intl. Trade 2025). “The claim in that case contested the Department’s regulation imposing, in 19 C.F.R. § 351.310 (c) (2018), a procedural requirement that a request for a hearing be made within 30 days of publication of a preliminary determination.”
PSC VSMPO - Avisma Corp. v. United States, 2009 CIT 120 (Ct. Intl. Trade 2009). “Finally, Plaintiffs liken the contents of the Foster Affidavit to witness testimony and “additional written argument” allowed at hearings pursuant to 19 C.F.R. § 351.310 (d)(2) — hearings that occur after publication of the preliminary results and well after the submission…”
Catfish Farmers of Am. v. United States, 2013 CIT 63 (Ct. Intl. Trade 2013). “12 The defendant’s argument rather concerns credibility, and its latter point, for that matter, would be just as apt with respect to the affidavit of the Chief of FSD of BAS, concerning her government’s “inherently objective data.”
— 19 C.F.R. § 351.310(d)(2) — 1 case
Catfish Farmers of Am. v. United States, 2013 CIT 63 (Ct. Intl. Trade 2013). “12 The defendant’s argument rather concerns credibility, and its latter point, for that matter, would be just as apt with respect to the affidavit of the Chief of FSD of BAS, concerning her government’s “inherently objective data.”
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