Limitation on new evidence and adverse inference from non-submission in appeals from size determinations.

§ 134.308 Limitation on new evidence and adverse inference from non-submission in appeals from size determinations. (a) Evidence not previously presented to the Area Office which issued the size determination being appealed will not be considered by a Judge unless: (1) The Judge, on his or her own initiative, orders the submission of such evidence; or (2) A motion is filed and served establishing good cause for the submission of such evidence. The offered new evidence must be filed and served with the motion. (b) If the submission of evidence is ordered by a Judge, and the party in possession of that evidence does not submit it, the Judge may draw adverse inferences against that party. [61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002]