§ 2004.38 In the event of an adverse ruling.

FederalRegulations

Ask Donna

How this section applies to your facts.

Title 15 CFR: Commerce and Foreign Trade › 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: § 2004.38 In the event of an adverse ruling.

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

§ 2004.38 In the event of an adverse ruling. · 15 C.F.R. § 2004.38 (2026) | Frix