Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 15 - Commerce and Foreign Trade |
Subtitle C - Regulations Relating to Foreign Trade Agreements |
Chapter XX - Office of the United States Trade Representative |
Part 2004 - Disclosure of Records and Information |
Subpart D - Production or Disclosure of USTR Records, Information and Employee Testimony in Legal Proceedings |
§ 2004.38 - In the event of an adverse ruling.
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§ 2004.38 In the event of an adverse ruling.
(a) Notwithstanding USTR's rejection of a demand or request for records, information or testimony, if a court or other competent authority orders a USTR employee to comply with the demand, the employee promptly must notify the General Counsel of the order, and must respectfully decline to comply, citing United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).
(b) To seek reconsideration of USTR's rejection of a demand or request, or of any restrictions on receiving records, information or testimony, a requester must send a petition for reconsideration in accordance with § 2004.34(a) within 10 days of the date of the determination. The petition must contain a clear and concise statement of the basis for the reconsideration with supporting authorities. Determinations about petitions for reconsideration are within the discretion of the United States Trade Representative or his/her designee, and are final.
(c) Pursuant to section 704 of the Administrative Procedure Act, 5 U.S.C. 704, a petition for reconsideration of a final determination under this section is a prerequisite to judicial review.