ITC Grants Access to LG Counsel in Solar Safeguard Proceeding After Initial Denial

The International Trade Commission granted four Curtis Mallet-Prevost lawyers access to a safeguard proceeding on behalf of LG Electronics, potentially ending a dispute at the Court of International Trade over denied access (see 2110130037) (LG Electronics USA, Inc., et al. v. United States, CIT 21-00520). The ITC's one-page letter does not address larger issues in the case, such as the commission's power to deny access at all

The ITC originally denied a few of the lawyers access to the safeguard proceeding over Chinese solar panels due to their prior role in helping China in its consultations at the World Trade Organization. In 2018, China sought consultations at the WTO over U.S. safeguard measures on imports of crystaline silicon photovoltaic products. Curtis Mallet-Prevost helped China prepare for its arguments, but none of China's submissions contained any confidential business proprietary information (BPI), the lawyers said in their initial complaint at CIT (see 2109210054). China retained Curtis “only to provide assistance with the Panel proceeding,” the firm said. Curtis said it did not represent China or Chinese private entities in the original U.S. safeguard case.

Throughout discussions with the ITC and litigation at CIT, the Curtis lawyers affirmed that consultations with the Chinese government had ceased. The lawyers provided the commission with additional facts via an Oct. 8 letter affirming that they no longer represent the Chinese government in the WTO case and that they had not had communication with China since at least Aug. 1. This letter also held a commitment to “not work with the Government of China or any other country on any future part of the WTO case ... or on any other international dispute concerning the U.S. safeguard measure on CSPV products.” Daniel Porter, James Durling, Antonio Riva Palacio and Ana Amador signed the letter.