Law Firm Set to Again Ask Trade Court to Withdraw Representation From Unresponsive Client

A law firm representing a plaintiff in a classification case at the Court of International Trade says that its client has become unresponsive and will again ask the court for permission to withdraw its representation as counsel for Guangdong Hongteo Technology Co., Ltd., according to an Aug. 11 status report at CIT (Guangdong Hongteo Technology Co. v. U.S., CIT #20-03776). The firm, Rock Trade Law, has previously tried to withdraw its representation over alleged outstanding legal fees but Judge Jennifer Choe-Groves said that since the plaintiff is a company and not a person, Rock Trade Law could not leave the case without substitute counsel first being identified (see 2207110070).

The underlying case concerns the classification of Hongteo's aluminum fuel pump mounts. The entries were liquidated under subheading 8409.91.5085, which provides for "parts ... suitable for use solely or principally with spark-ignition internal combustion piston engines (including rotary engines)," dutiable at 2.5%. This subheading is under List 3 Section 301 tariffs on goods from China, subjecting them to an additional 10% tariff due to the time at which the mounts were imported. Hongteo argued that the mounts should properly be classified under subheading 8302.30.3060 as "Other mountings, fittings and similar articles suitable for motor vehicles," among other things, dutiable at 2%, but free of Section 301 liability due to an exclusion offered by the Office of the U.S. Trade Representative (see 2111120051).

Rock Trade says that it has not received any response or communication from its client since May 29 and has made numerous efforts to contact Hongteo. The lack of communication has "significantly jeopardized" the firm's representation of its client and Rock Trade argues that it is incapable of effective representation without Hongteo's cooperation.