from that response

..... The Efficient Use of Commission Resources

The Moving Respondents contend that a stay would promote efficient use of Commission resources. Memo. at 9. However, as discussed above, it does not appear that the Commission need address those issues pending in the Santa Clara Litigation. In the Staff’s view, given the procedural posture of the Santa Clara Litigation, a stay would do nothing to promote the efficient use of Commission resources. Should the Santa Clara Litigation result in rescission of the Agreement during the pendency of this investigation, and Mr. Moore refuses to join as a necessary party in this investigation, then it is possible that this investigation would not be able to proceed. However, mere speculation is not enough to overcome the Commission’s statutory mandate to complete investigations at the earliest practicable time. See 19 U.S.C. § 1337(b)(1)

(“The Commission shall conclude any such investigation and make its determination under this section at the earliest practicable time after the date of publication of notice of suchinvestigation.”). This factor thus weighs against granting the requested stay.

III. CONCLUSION

For the foregoing reasons, the Staff is of the view that the five factors do not on balance weigh in favor of granting the requested stay. The motion should thus be denied.