Exporter Hoshine Silicon (Jia Xiang) Industry Co. has no statutory or constitutional standing to challenge CBP's issuance of or refusal to modify the withhold release order on silica-based products made by its parent company Hoshine Silicon or its subsidiaries, the U.S. argued. Filing a reply brief at the Court of International Trade on Nov. 8, the government said Hoshine offered an incorrect "zone of interests" analysis to bolster its claim of statutory standing (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
The Court of International Trade failed to take anti-forced labor advocacy group International Rights Advocates' (IRAdvocates') allegations as true when ruling on whether the group had standing to challenge CBP's inaction on a petition to ban cocoa from Cote d'Ivoire, IRAdvocates argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit on Nov. 12. The advocacy group said it suffered injury-in-fact, since CBP's "failure to enforce Section 307" deprived the group of a "major tool in its foundational purpose of ending forced child labor in cocoa harvesting" (International Rights Advocates v. United States, Fed. Cir. # 24-2316).
Exporter Hoshine Silicon (Jia Xiang) Industry Co. on Oct. 18 told the Court of International Trade that it has statutory and constitutional standing to challenge CBP's denial of its petition to modify the withhold release order imposed on silica-based products made by its parent company Hoshine Silicon and its subsidiaries (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
Anti-forced labor advocacy group International Rights Advocates (IRAdvocates) will appeal a Court of International Trade decision finding it didn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire. The trade court said IRAdvocates failed to show that the agency's inaction harmed a "core business or diminished any asset" -- a standard estsablished by the Supreme Court (see 2408080049). Counsel for IRAdvocates said if its claim for standing fails on appeal, it's prepared to refile the case using a party that could hurdle the trade court's understanding of standing, such as a child laborer in West Africa or a U.S. chocolate company that competes with imports made using child labor (see 2408160009) (International Rights Advocates v. Alejandro Mayorkas, CIT # 23-00165).
The U.S. told the Court of International Trade on Aug. 23 that exporter Hoshine Silicon (Jia Xing) Industry Co. doesn't have statutory or constitutional standing to challenge CBP's denial of the company's request to remove it from a withhold release order (WRO) on silica-based products made by its parent company Hoshine Silicon and its subsidiaries (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
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Last week, the Court of International Trade said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) didn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire, alleging that it's harvested by child labor (see 2408080049). Speaking with Trade Law Daily, Terrence Collingsworth, counsel for IRAdvocates, said he intends to appeal the decision but, should that fail, he is ready to bring alternative plaintiffs before the court who may more clearly establish standing.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade on Aug. 8 said anti-forced labor advocacy group International Rights Advocates (IRAdvocates) doesn't have standing to challenge CBP's inaction in responding to a petition to ban cocoa from Cote d'Ivoire. Judge Claire Kelly said IRAdvocates failed to show that CBP's inaction "has harmed a core business or diminished any asset."
The Court of International Trade on Aug. 8 said anti-forced labor advocacy group International Rights Advocates didn't have standing to challenge CBP's inaction on a petition to ban imports of cocoa from Ivory Coast. Judge Claire Kelly said the group hasn't shown that CBP's failure to respond to the petition "harmed a core business or diminished any asset." Citing the U.S. Supreme Court's recent decision in FDA v. Alliance for Hippocratic Medicine, the judge said resources spent trying to compel the agency to act were expenses for advocacy, which can't establish standing.