CBP to Conclude Remand Proceeding on WRO Modification Petition by Feb. 23
CBP's consideration of exporter Hoshine Silicon (Jia Xing) Industry's (Jiaxing Hoshine's) petition to be removed from a withhold release order on silica-based products made by its parent company, Hoshine Silicon, is likely to be completed by the end of the current stay period in Jiaxing Hoshine's case at the Court of International Trade. In a joint status report, the U.S. and Jiaxing Hoshine said a remand determination will be issued at the end of the stay period, which is set for Feb. 23 (Hoshine Silicon (Jia Xing) Industry v. United States, CIT # 24-00048).
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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, though the remand proceedings were delayed by the federal government shutdown.