(a) Advisory opinions. Upon request of any person, the Commission may, upon such investigation as it deems necessary, issue an advisory opinion as to whether any person's proposed course of action or conduct would violate a Commission exclusion order, cease and desist order, or consent order. The Commission will consider whether the issuance of such an advisory opinion would facilitate the enforcement of section 337 of the Tariff Act of 1930, would be in the public interest, and would benefit consumers and competitive conditions in the United States, and whether the person has a compelling business need for the advice and has framed his request as fully and accurately as possible. Advisory opinion proceedings are not subject to sections 554, 555, 556, 557, and 702 of title 5 of the United States Code.
(b) Revocation. The Commission may at any time reconsider any advice given under this section and, where the public interest requires, revoke its prior advice. In such event the person will be given notice of the Commission's intent to revoke as well as an opportunity to submit its views to the Commission. The Commission will not proceed against a person for violation of an exclusion order, cease and desist order, or consent order with respect to any action that was taken in good faith reliance upon the Commission's advice under this section, if all relevant facts were accurately presented to the Commission and such action was promptly discontinued upon notification of revocation of the Commission's advice. [59 FR 39039, Aug. 1, 1994, as amended at 73 FR 38327, July 7, 2008]
Sec. Appendix A to Part 210--Adjudication and Enforcement ----------------------------------------------------------------------------------------------------------------
Commission deadline for
Petitions for review Response to petitions determining whether to
Initial determination concerning: due: due: review the initial
determination:----------------------------------------------------------------------------------------------------------------1. Violation Sec. 210.42(a)(1)..... 12 days from service of 8 days from service of 60 days from service of
the initial any petition. the initial
determination. determination (on
private parties).2. Summary initial determination that 10 days from service of 5 business days from 45 days from service of
would terminate the investigation if the initial service of any the initial
it became the Commission's final determination. petition. determination (on
determination Sec. 210.42(c). private parties).3. Other matters Sec. 210.42(c).... 5 business days from 5 business days from 30 days from service of
service of the initial service of any the initial
determination. petition. determination (on
private parties).4. Forfeiture or return of 10 days from service of 5 business days from 45 days from service of
respondents' bond Sec. the initial service of any the initial
210.50(d)(3). determination. petition. determination (on
private parties).5. Forfeiture or return of 10 days from service of 5 business days from 45 days from service of
complainant's temporary relief bond the initial service of any the initial
Sec. 210.70(c). determination. petition. determination (on
private parties).6. Formal enforcement proceedings 10 days from service of 5 business days from 45 days from service of
Sec. 210.75(b). the enforcement service of any the enforcement
initial determination. petition. initial determination
(on private parties).---------------------------------------------------------------------------------------------------------------- [78 FR 23486, Apr. 19, 2013]
Sec. Appendix B to Part 210--Adjudication and Enforcement ------------------------------------------------------------------------
Recommended determination Response to
concerning: Comments due: comments due:------------------------------------------------------------------------Modification or Rescission Sec. 10 days from 5 business days
210.76(a)(1). service of the from service of
recommended any comments.
determination.------------------------------------------------------------------------ [78 FR 23487, Apr. 19, 2013]