Importer Walks Back Motion to Compel Discovery of Documents, CBP Employee Addresses

On April 8, an importer sought to withdraw its motion to compel the government to give it certain unredacted documents and the addresses of several former CBP employees “relevant” to its case (see 2310160061) (Lutron Electronics Co. v. U.S.​​​​, CIT # 22-00264).

The new filing comes after both it and the government submitted identical requests to extend discovery, on April 5 and 8, respectively.

Importer Lutron, which claims its “intelligent shade machines” should be classified as “builders’ ware of plastics” rather than as curtains or blinds, said that it is withdrawing the motion after the Court of International Trade requested supplemental briefing supporting the importer’s need to access the unredacted documents (see 2403270044). Lutron said that it still believes in the merits of its position, but that it no longer wants its motion accepted “out of a desire to move this matter forward expeditiously.”

In a Jan. 26 conference, Lutron also noted, the Court of International Trade asked the government to give the importer the last known addresses of two employees Lutron was seeking. Both have since agreed to appear voluntarily for depositions, it said.

Lutron and the U.S. also both filed motions to amend their discovery schedule to allow fact-finding to continue until Aug. 9. The importer said both parties are still “actively engaged” in discovery.