Rule 71. Documents in an Action Described in 28 U.S.C. §1581(c) or (f)
(a) Actions Described in 28 U.S.C. §1581(c). Unless the alternative procedure prescribed by subdivision (b) of this rule is followed, in an action described in 28 U.S.C. §1581(c), within 40 days after the date of service of the complaint on the administering authority established to administer title VII of the Tariff Act of 1930 or the United States International Trade Commission, the administering authority or the Commission shall file with the clerk of the court the items specified in paragraphs (1) and (2) of this subdivision (a), if they exist, and the certified list specified in paragraph (3) of this subdivision (a), as part of the official record of the civil action.
(1) A copy of all information presented to or obtained by the administering authority or the Commission during the course of the administrative proceedings, including all governmental memoranda pertaining to the case and the record of ex parte meetings required to be maintained by section 777(a)(3) of the Tariff Act of 1930.
(2) A copy of the determination and the facts and conclusions of law upon which such determination was based, all transcripts or records of conferences or hearings, and all notices published in the Federal Register.
(3) A certified list of all items specified in paragraphs (1) and (2) of this subdivision (a).
(b) Alternative Procedure in an Action Described in 28 U.S.C. §1581(c). As an alternative to the procedures prescribed in subdivision (a) of this rule in an action described in 28 U.S.C. §1581(c):
(1) Within 40 days after the date of service of the complaint upon the administering authority or the International Trade Commission, the administering authority or the Commission may file with the clerk of the court a certified list of all items described in subdivisions (a)(1) and (a)(2) of this rule, along with a copy of the determination and the facts and conclusions of law upon which such determination was based. The Commission shall in addition file a copy of its staff report of information received in the investigation. If either agency uses this alternative procedure, it shall serve on the parties notice of that fact in conjunction with service of the certified list.
(2) The agency shall retain the remainder of the record. All parts of the record shall be a part of the record on review for all purposes.
(3) At any time, the court may order any part of the record retained by the agency to be filed. A motion by a party to have the agency file a retained part of the record shall set forth reasons why the submission of appendices required by Rule 56.2(c) is insufficient to fairly present the relevant portions of the record to the court.
(c) Confidential or Privileged Information in an Action Described in 28 U.S.C. §1581(c). In an action described in 28 U.S.C. §1581(c), any document, comment, or information that is accorded confidential or privileged status by the agency whose action is being contested and that is required to be filed with the clerk of the court, shall be filed under seal. Any such document, comment, or information shall be accompanied by a nonconfidential description of the nature of the material being transmitted.
(d) Documents in an Action Described in 28 U.S.C. §1581(f). In an action described in 28 U.S.C. §1581(f), within 15 days after the date of service of the summons and complaint on the administering authority or the International Trade Commission, the administering authority or the Commission shall file, with the clerk of the court, under seal, the confidential information involved, together with pertinent parts of the record, which shall be accompanied by a nonconfidential description of the nature of the information being filed, as part of the official court record of the action.
(e) Documents Filed-Copies. Certified copies of the original papers in the agency proceeding may be filed.
(f) Filing of the Record With the Clerk of the Court-What Constitutes. The filing of the record shall be as prescribed by subdivision (a) of this rule, unless the alternative procedure prescribed by subdivision (b) of this rule is followed. In the latter event, the filing of the certified list and the part of the record filed pursuant to subdivision (b) shall constitute filing of the record.
(As amended Oct. 3, 1990, eff. Jan. 1, 1991; Nov. 14, 1997, eff. Jan. 1, 1998.)
Practice Comment
The court has established Security Procedures for Safeguarding Confidential Information in the Custody and Control of the Clerk. These procedures apply to confidential information or privileged information received by the court and may include: trade secrets, commercial or financial information, and information provided to the United States by foreign governments or foreign businesses or persons. These procedures do not pertain to national security information.
Section 11(a) of Security Procedures regulates the transmittal of confidential information to and from the clerk by government agencies and private parties. A copy of Section 11(a) is available upon request from, and is posted in, the Office of the Clerk.
References in Text
The Tariff Act of 1930, referred to in subd. (a), is act June 17, 1930, ch. 497,