CAFC "Upholds its Stay" Allowing CITA to Take Action on China Safeguard Petitions Based on Threat of Market Disruption
On June 28, 2005, a three-judge panel of the Court of Appeals for the Federal Circuit (CAFC) issued its opinion in USA-ITA v. U.S. et. al. which upholds its stay (lifting) of the Court of International Trade's (CIT's) preliminary injunction that had prevented the Committee for the Implementation of Textile Agreements (CITA) from considering, accepting, or taking further action on any China safeguard petitions based on the threat of market disruption.
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(In other words, the CAFC has reversed the CIT's preliminary injunction.)
(On April 27, 2005, the CAFC issued an order lifting the CIT's preliminary injunction. See ITT's Online Archives or 04/29/05 news, 05042900, for BP summary of the CAFC's order, including a background timeline. See ITT's Online Archives or 05/09/05 news, 05050912, for BP summary of CITA's resuming its consideration of China safeguard petitions based on threat of market disruption.)
CAFC opinion (D/N 05-1209, dated 06/28/05) available at http://fedcir.gov/opinions/05-1209.pdf
BP Note
According to a USA-ITA Textile Development Memo (TDM), the CIT is now expected to resume consideration of the USA-ITA's challenge to CITA's implementation of the China textile safeguards. (TDM, dated 06/30/05, www.usaita.com)