Gumbo / Per these ITC rules, decision seems to be due 60 days after ID, not 45
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Oct 22, 2013 11:20PM
Per the USITC rules regarding petitions for review, section 210.43 it seems that the reivew for an Initial Determination on Issues of Violation, which is, I believe, what our ID is, would be due 60 days after the ID, rather than 45 as stated by PTSC in the 10q. Additionally, per my earlier post today, it seems the ITC will tack on to any review period, the additional days that the government was shut down, so our 60 day timing would be 76, or if indeed it's 45 days, would be 61.
Perhaps there are some intricacies in the regulations that puts us in the 45 day category, but it seems pretty clear from the verbage of 210.42 (a)(1)(i) that our ID falls under that category, so per 210.43 (d), we'd be at 60 days from ID to decision on petition.
Corrections welcome.
§ 210.43 Petitions for review of initial determinations on matters other than temporary relief.
(d)Grant or denial of review. (1) The Commission shall decide whether to grant, in whole or in part, a petition for review of an initial determination filed pursuant to § 210.42(a)(1) within 60 days of the service of the initial determination on the parties, or by such other time as the Commission may order. The Commission shall decide whether to grant, in whole or in part, a petition for review of an initial determination filed pursuant to § 210.42(a)(2) or § 210.42(c), which grants a motion for summary determination that would terminate the investigation in its entirety if it becomes the final determination of the Commission, § 210.50(d)(3), or § 210.70(c) within 45 days after the service of the initial determination on the parties, or by such other time as the Commission may order. The Commission shall decide whether to grant, in whole or in part, a petition for review of an initial determination filed pursuant to § 210.42(c), except as noted above, within 30 days after the service of the initial determination on the parties, or by such other time as the Commission may order.
http://www.usitc.gov/secretary/fed_reg_notices/rules/itcrules0624.pdf