---
kind: "range"
citation: "19 C.F.R. §§ 210.52–210.57"
title: "19"
from: "210.52"
to: "210.57"
count: 6
url: "https://uscodex.org/cfr/19/210.52..210.57"
---

# §210.52. Motions for temporary relief.


Requests for temporary relief under section 337 (e) or (f) of the Tariff Act of 1930 shall be made through a motion filed in accordance with the following provisions:

- (a) A complaint requesting temporary relief shall be accompanied by a motion setting forth the complainant's request for such relief. In determining whether to grant temporary relief, the Commission will apply the standards the U.S. Court of Appeals for the Federal Circuit uses in determining whether to affirm lower court decisions granting preliminary injunctions. The motion for temporary relief accordingly must contain a detailed statement of specific facts bearing on the factors the Federal Circuit has stated that a U.S. District Court must consider in granting a preliminary injunction.
- (b) The motion must also contain a detailed statement of facts bearing on:
  - (1) Whether the complainant should be required to post a bond as a prerequisite to the issuance of temporary relief; and
  - (2) The appropriate amount of the bond, if the Commission determines that a bond will be required.
- (c) In determining whether to require a bond as a prerequisite to the issuance of temporary relief, the Commission will be guided by practice under [Rule 65](/cfr/19/65.md) of the Federal Rules of Civil Procedure.
- (d) The following documents and information also shall be filed along with the motion for temporary relief:
  - (1) A memorandum of points and authorities in support of the motion;
  - (2) Affidavits executed by persons with knowledge of the facts asserted in the motion; and
  - (3) All documents, information, and other evidence in complainant's possession that complainant intends to submit in support of the motion.
- (e) If the complaint, the motion for temporary relief, or the documentation supporting the motion for temporary relief contains confidential business information as defined in [§ 201.6(a)](/cfr/19/201.6.md?p=a) of this chapter, the complainant must follow the procedure outlined in §§ [210.4(a)](/cfr/19/210.4.md?p=a), [210.5(a)](/cfr/19/210.5.md?p=a), [201.6 (a)](/cfr/19/201.6.md?p=a) and [(c)](/cfr/19/201.6.md?p=c), [210.8(a)](/cfr/19/210.8.md?p=a), and [210.55](/cfr/19/210.55.md) of this part.

# §210.53. Motion filed after complaint.

- (a) A motion for temporary relief may be filed after the complaint, but must be filed prior to the Commission determination under [§ 210.10](/cfr/19/210.10.md) on whether to institute an investigation. A motion filed after the complaint shall contain the information, documents, and evidence described in [§ 210.52](/cfr/19/210.52.md) and must also make a showing that extraordinary circumstances exist that warrant temporary relief and that the moving party was not aware, and with due diligence could not have been aware, of those circumstances at the time the complaint was filed. When a motion for temporary relief is filed after the complaint but before the Commission has determined whether to institute an investigation based on the complaint, the 35-day period allotted under [§ 210.58](/cfr/19/210.58.md) for review of the complaint and informal investigatory activity will begin to run anew from the date on which the motion was filed.
- (b) A motion for temporary relief may not be filed after an investigation has been instituted.

# §210.54. Service of motion by the complainant.


Notwithstanding the provisions of [§ 210.11](/cfr/19/210.11.md) regarding service of the complaint by the Commission upon institution of an investigation, on the day the complainant files a complaint and motion for temporary relief, if any, with the Commission (see § [210.8(a)(1)](/cfr/19/210.8.md?p=a-1) and [(a)(2)](/cfr/19/210.8.md?p=a-2) of [subpart B](/cfr/19/subpartB.md) of this part), the complainant must serve non-confidential copies of both documents (as well as non-confidential copies of all materials or documents attached thereto) on all proposed respondents and on the embassy in Washington, DC of the country in which each proposed respondent is located as indicated in the Complaint. If a complainant files any supplemental information with the Commission prior to institution, nonconfidential copies of that supplemental information must be served on all proposed respondents and on the embassy in Washington, DC of the country in which each proposed respondent is located as indicated in the complaint. The complaint, motion, and supplemental information, if any, shall be served by messenger, overnight delivery, or equivalent means. A signed certificate of service must accompany the complaint and motion for temporary relief. If the certificate does not accompany the complaint and the motion, the Secretary shall not accept the complaint or the motion and shall promptly notify the submitter. Actual proof of service on each respondent and embassy (e.g., certified mail return receipts, messenger, or overnight delivery receipts, or other proof of delivery)—or proof of a serious but unsuccessful effort to make such service—must be filed within 10 days after the filing of the complaint and motion. If the requirements of this section are not satisfied, the Commission may extend its 35-day deadline under [§ 210.58](/cfr/19/210.58.md) for determining whether to provisionally accept the motion for temporary relief and institute an investigation on the basis of the complaint.


# §210.55. Content of service copies.

- (a) Any purported confidential business information that is deleted from the nonconfidential service copies of the complaint and motion for temporary relief must satisfy the requirements of [§ 201.6(a)](/cfr/19/201.6.md?p=a) of this chapter (which defines confidential information for purposes of Commission proceedings). For attachments to the complaint or motion that are confidential in their entirety, the complainant must provide a nonconfidential summary of what each attachment contains. Despite the redaction of confidential material from the complaint and motion for temporary relief, the nonconfidential service copies must contain enough factual information about each element of the violation alleged in the complaint and the motion to enable each proposed respondent to comprehend the allegations against it.
- (b) If the Commission determines that the complaint, motion for temporary relief, or any exhibits or attachments thereto contain excessive designations of confidentiality that are not warranted under [§ 201.6(a)](/cfr/19/201.6.md?p=a) of this chapter, the Commission may require the complainant to file and serve new non-confidential versions of the aforesaid submissions in accordance with [§ 210.54](/cfr/19/210.54.md) and may determine that the 35-day period under [§ 210.58](/cfr/19/210.58.md) for deciding whether to institute an investigation and to provisionally accept the motion for temporary relief for further processing shall begin to run anew from the date the new non-confidential versions are filed with the Commission and served on the proposed respondents in accordance with [§ 210.54](/cfr/19/210.54.md).

# §210.56. Notice accompanying service copies.

- (a) Each service copy of the complaint and motion for temporary relief shall be accompanied by a notice containing the following text:
- (b) In the event that the complaint and motion for temporary relief are filed after the date specified in the above notice, the complainant must serve a supplementary notice to all proposed respondents and embassies stating the correct filing date. The supplementary notice shall be served by messenger, overnight delivery, or equivalent means. The complainant shall file a certificate of service and a copy of the supplementary notice with the Commission.

# §210.57. Amendment of the motion.


A motion for temporary relief may be amended at any time prior to the institution of an investigation. All material filed to amend the motion (or the complaint) must be served on all proposed respondents and on the embassies in Washington, DC, of the foreign governments that they represent, in accordance with [§ 210.54](/cfr/19/210.54.md). If the amendment expands the scope of the motion or changes the complainant's assertions on the issue of whether a bond is to be required as a prerequisite to the issuance of temporary relief or the appropriate amount of the bond, the 35-day period under [§ 210.58](/cfr/19/210.58.md) for determining whether to institute an investigation and provisionally accept the motion for temporary relief shall begin to run anew from the date the amendment is filed with the Commission. A motion for temporary relief may not be amended to expand the scope of the temporary relief inquiry after an investigation is instituted.