CIT Partially Dismisses Exporter's Challenge to WRO on Certain Silica-Based Products
The Court of International Trade dismissed exporter Hoshine Silicon (Jia Xiang) Industry Co.'s challenge to CBP's issuance of a withhold release order on silica-based products made by its parent company Hoshine Silicon or its subsidiaries. However, in a confidential decision issued on April 16, Judge Claire Kelly denied the government's motion to dismiss Hoshine's second claim, which contested CBP's refusal to modify the WRO (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
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Kelly gave the U.S. 21 days to file a response to the complaint, which now only concerns CBP's refusal to modify the WRO. The U.S. moved to dismiss the case in its entirety, arguing that Hoshine has neither statutory nor constitutional standing to challenge the WRO (see 2408260044).
The court said it intends to issue a public opinion on April 22 in the case, giving the parties until April 21 to review the bracketed information in the decision. Kelly noted that two documents in the case, the modification petition and CBP's denial letter, are both redacted "in their entirety." The judge said it's "unclear to the Court whether every single word and fact in these documents are indeed business proprietary information or whether the entirety of the documents were marked as confidential for convenience purposes."