Trade Court Gives CBP More Time to Reconsider WRO Modification Petition
The Court of International Trade last week stayed until Nov. 26 exporter Hoshine Silicon (Jia Xing) Industry's (Jiaxing Hoshine's) case against a withhold release order on silica-based products made by its parent company, Hoshine Silicon, or its subsidiaries. The parties in the case asked for the stay while Jiaxing Hoshine works its way through the administrative process (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
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Most recently, on May 30, CBP issued a questionnaire to Jiaxing Hoshine, and the company issued its response on July 16. The response included over 7,000 pages of documents, and CBP is "still considering that response," the parties said in a joint status report. In light of this "progress" and the parties' agreement to "certain additional administrative steps," the U.S. and Jiaxing Hoshine asked for another 90 days for CBP to finish out the administrative process.
The WRO was issued in 2021 on the grounds that Hoshine and its subsidiaries make silica-based products with forced labor. Jiaxing Hoshine brought the case to challenge the issuance of the WRO and CBP's refusal to modify the order to specifically exclude the company (see 2402210045). Recently, the trade court rejected the government's attempt to dismiss the case, finding that Jiaxing Hoshine has constitutional and statutory standing to challenge CBP's decision not to revoke or modify the WRO (see 2504220056).
The U.S. then asked for a voluntary remand of the case to review evidence supplied in the company's original submission, let Hoshine submit additional information, ask additional questions regarding the original and new evidence, and give the company a reasonable time to respond (see 2505150015). CBP said it would issue a new decision on the WRO petition.