I know this isn't a court case where prior case law is ironclad, but in my view precedence should still be available for ITC to use - FDA has previously determined synthetic non-naturally occurring substances are classified as drugs, so the scientific determination has already been made, ITC does not have to make their own independent decision on EE-EPA - just cite previous FDA rulings. Doesn't mean that's what's going to happen, of course, too logical/common sense when political turf wars are involved.