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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`
`
`
` Inv. No. 337-TA-1279
`
`In the Matter of
`
`CERTAIN FLOCKED SWABS, PRODUCTS
`CONTAINING FLOCKED SWABS, AND
`METHODS OF USING SAME
`
`
`
`
`
`
`
`EVIDENTIARY HEARING PROCEDURES; AMENDING
`GROUND RULES
`
`ORDER NO. 50:
`
`(May 24, 2022)
`
`The evidentiary hearing in this investigation shall be conducted via WebEx, in
`
`accordance with the procedures in Ground Rule 11.4. See Order No. 13 at 22, EDIS Doc. ID
`
`752419 (Sept. 22, 2021). The hearing is scheduled for the week of June 27-July 1, 2022, from
`
`9:30 a.m. to 5:00 p.m. each day, in accordance with Ground Rule 11.3. Id. A prehearing
`
`conference shall be held via WebEx on Friday, June 24, 2022, starting at 10:00 a.m. Certain
`
`procedures for the evidentiary hearing shall be modified as set forth below:
`
`NEXT Advocates Program
`
`In accordance with the NEXT Advocates Program initiated by the Commission’s Office
`
`of Administrative Law Judges,1 the parties are encouraged to provide opportunities for less-
`
`experienced attorneys (i.e., those that have given three or fewer substantive oral arguments or
`
`witness examinations in any federal tribunal) to participate in substantive oral presentations
`
`during the course of the investigation and/or to examine witnesses at the evidentiary hearing.
`
`
`1 See NEXT Advocates Program Announcement,
`https://www.usitc.gov/next_advocates_nurturing_excellence_in_trial_advocates.htm.
`
`

`

`To support such participation, an additional 15 minutes of trial time will be provided to a
`
`party that permits a less-experienced attorney to examine a witness at the hearing (limited to two
`
`such time extensions for the complainant group, and two for the respondent group, at a single
`
`hearing). The additional time will be added to the hearing day. Parties who wish to participate
`
`in this arrangement should provide notice to the ALJ and the other parties before the prehearing
`
`conference. The notice should include a certification by lead counsel that one or more less-
`
`experienced attorneys will be examining a witness at the hearing. Such certification need not
`
`identify the less-experienced attorneys or the witnesses who will be examined. Such
`
`submissions should be sent to Bhattacharyya337@usitc.gov and need not be filed.2
`
`Ground Rule 9.5.7.1
`
`Ground Rule 9.5.7.1 shall be amended to limit the exchange of demonstrative exhibits to
`
`only those demonstrative exhibits that will be used in the direct examination of a witness.
`
`Demonstrative exhibits that will be used for cross-examination do not need to be exchanged in
`
`advance.
`
`Ground Rule 11.6.7
`
`Ground Rule 11.6.7 shall be amended to require the sequestration of fact witnesses.
`
`Requests to waive sequestration may be considered at the pre-hearing conference.
`
`SO ORDERED.
`
`
`
`
`
`___________________________________
`Monica Bhattacharyya
`Administrative Law Judge
`
`
`2 As set forth in the NEXT Advocates program announcement, more-experienced attorneys will be
`permitted to assist less-experienced attorneys, if necessary, and to clarify any statements on the record
`before conclusion of the session, if necessary.
`
`- 2 -
`
`
`

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