15 CFR § 2004.38 - In the event of an adverse ruling.

---
identifier: "/us/cfr/t15/s2004.38"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "15 CFR § 2004.38 - In the event of an adverse ruling."
title_number: 15
title_name: "Commerce and Foreign Trade"
section_number: "2004.38"
section_name: "In the event of an adverse ruling."
chapter_name: "OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE"
part_number: "2004"
part_name: "DISCLOSURE OF RECORDS AND INFORMATION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "19 U.S.C. 2171(e)(3)."
regulatory_source: "81 FR 89846, Dec. 13, 2016, unless otherwise noted."
cfr_part: "2004"
---


# 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.