(a) General. Pursuant to section 284 of the Act, 19 U.S.C. 2395, any
worker, group of workers, certified or recognized union, or authorized
representative of such worker or group, aggrieved by a final
determination issued pursuant to the Act and Sec. 90.16(c),
Sec. 90.16(f), Sec. 90.16(g), Sec. 90.17(d), Sec. 90.18(e),
Sec. 90.18(h) or Sec. 90.18(i) may commence a civil action for review of
such determination with the United States Court of International Trade.
The party seeking judicial review must file for review in the Court of
International Trade within sixty (60) days after the notice of
determination has been published in the Federal Register.
(b) Certified record of the Secretary. Upon receiving a copy of the
summons and complaint from the clerk of the Court of International
Trade, the certifying officer shall promptly certify and file in such
court the record on which the determination was based. The record shall
include transcripts of any public hearings, the findings of fact made
pursuant to Sec. 90.16(b), Sec. 90.18(e), Sec. 90.18(h) or
Sec. 90.18(i), and other documents on which the determination was based.
(c) Further proceedings. If a case is remanded to the Secretary by
the Court of International Trade for the taking of further evidence, the
Director or Deputy Director shall direct that further proceedings be
conducted in accordance with the provisions of subpart B of this part,
including the taking of further evidence. A certifying officer, after
the conduct of such further proceedings, may make new or modified
findings of fact and may modify or affirm the previous determination.
Upon the completion of such further proceedings, the certifying officer
shall certify and file in the Court of International Trade the record of
such further proceedings.
(d) Substantial evidence. The findings of fact by the certifying
officer shall be conclusive if the Court of International Trade
determines that such findings of fact are supported by substantial
evidence.
[52 FR 23402, June 19, 1987]
