of the court to hear and determine the action. Such motion shall be filed with the clerk of the court and referred to the chief judge. It shall state specifically the issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order, or the broad or significant implications in the administration or interpretation of the customs laws claimed to be involved, and shall otherwise conform to the requirements of Rule 4.12 (b). The time to respond and the filing of briefs, memoranda, and affidavits shall be governed so far as applicable by Rules 4.12 (c) and (d).

CHAPTER 5. PARTIES

RULE 5.1 AMERICAN MANUFACTURERS, PRODUCERS, OR WHOLESALERS; PRACTICE

(a) Party in Interest: A party in interest in an action filed under section 516 of the Tariff Act of 1930, as amended (19 U.S.C. § 1516, as amended) shall be deemed to be a defendant for the purposes of the application of these rules to that action.

(b) Trial, Participation: A party in interest who does not file responsive pleadings as required by these rules shall not be permitted to engage in the active conduct of the litigation unless, on motion for good cause shown, the court orders otherwise. If the court permits such a party to partici pate, the pleadings filed by the defendant, the United States, shall also be considered the pleadings of such party in interest for all purposes.

CHAPTER 6. DISCOVERY

RULE 6.1 GENERAL PROVISIONS GOVERNING

DISCOVERY

(a) Discovery Methods: Except as otherwise provided by Rule 7.1, parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; and, requests for admissions. Unless the court orders otherwise, the frequency of use of these methods is not limited.

(b) Scope of Discovery: Unless otherwise ordered by the court in accordance with these rules, the scope of discovery is as follows:

(1) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things, and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

(2) Subject to the provisions of subparagraph (3) of this paragraph (b), a party may obtain discovery of documents and tangible things prepared in anticipation of litigation or for trial by or for another party, by or for that other party's representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing of good cause therefor, except that a statement concerning the action. or its subject matter previously given by the party or any agent of his seeking the statement may be obtained without

such a showing. A statement of a party is (i) a written statement signed or otherwise adopted or approved by the party or his agent, or (ii) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by the party or his agent and contemporaneously recorded.

(3) By means of written interrogatories, in conformity with Rule 7.4, a party may require any other party to identify each person whom the other party expects to call as an expert witness at the trial, and to state the subject matter on which the expert is expected to testify.

In relation to the expert testimony to be adduced at the trial, the court, on its own motion or the motion of a party, may require the submission or exchange of statements of the proposed direct testimony of expert witnesses, in narrative or question and answer form, or summaries of experts' reports. Every such summary shall contain the substance of the report in terms of conclusions and the principal facts deemed to support the expert's conclusions.

(c) Protective Orders: Upon motion by any party or by the person from whom discovery is sought, and for good cause shown, the court may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including, but not limited to, one or more of the following:

(1) that the discovery not be had;

(2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

(3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

(4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the court;

(6) that a deposition, after being sealed, be opened only by order of the court;

(7) that a trade secret, or confidential research, develop

ment, or commercial information not be disclosed or be disclosed only in a designated way; or

(8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.

(d) Sequence and Timing of Discovery: Unless the court, upon motion, for the convenience of parties and witnesses and in the interest of justice, orders otherwise, methods of discovery may be used in any sequence; and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery: Provided, That no measure for discovery may be initiated prior to the filing of an answer.

(e) Supplementation of Responses: A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows:

(1) A party is under a duty seasonably to supplement his response with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, and the identity of each person expected to be called as an expert witness at trial and the subject matter on which the expert is expected to testify.

(2) A party who knows or later learns that his response is incorrect is under a duty seasonably to correct the response. (3) A duty to supplement responses may be imposed by order of the court, by agreement of the parties, or at any time prior to trial through request for supplementation of prior responses.

RULE 6.2 REQUEST FOR ADMISSIONS

(a) Scope and Content: After an answer has been filed a party may serve upon any other party a written request for admissions. A request for admissions may contain:

(1) a statement of the material matters of fact as to which it is believed that there is no substantial controversy between the parties (such statements being phrased clearly