19 CFR § 212.05

19 CFR · Customs Duties

§ 212.05 — Standards for awards.

19 CFR § 212.05

TitleTitle 19: Customs Duties PartPart 212: Implementation of the Equal Access to Justice Act

SourceeCFR (current through Mar 11, 2026)

This text of 19 C.F.R. § 212.05 (Standards for awards.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

19 C.F.R. § 212.05 (2026).

Text

§ 212.05 Standards for awards.

(a)The determination whether an applicant is a prevailing party shall be made on a case-by-case basis.

(b)A prevailing applicant may receive an award for fees and expenses incurred in connection with an adversary adjudication, or in a significant and discrete substantive portion of the adversary adjudication, unless the position of the Commission investigative attorney was substantially justified. The burden of proof that an award should not be made to an eligible prevailing applicant is on the Commission investigative attorney. An award may be avoided by showing that the position of the Commission was reasonable in law and fact.

(c)An award will be reduced or denied if the applicant has unduly or unreasonably protracted the adversary adjudication or if

Free access — add to your briefcase to read the full text and ask questions with AI

§ 212.05 Standards for awards.

(a) The determination whether an applicant is a prevailing party shall be made on a case-by-case basis.

(b) A prevailing applicant may receive an award for fees and expenses incurred in connection with an adversary adjudication, or in a significant and discrete substantive portion of the adversary adjudication, unless the position of the Commission investigative attorney was substantially justified. The burden of proof that an award should not be made to an eligible prevailing applicant is on the Commission investigative attorney. An award may be avoided by showing that the position of the Commission was reasonable in law and fact.

(c) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the adversary adjudication or if special circumstances make the award sought unjust. The burden of proof that an award should be reduced or denied for either of these reasons is on the Commission investigative attorney.