Trade Court Rejects Counsel's Motion to Withdraw From Customs Case Over Unpaid Legal Fees
The Court of International Trade in a July 11 order said that counsel for exporter Guangdong Hongteo Technology Co. could not withdraw from Hongteo's customs classification lawsuit. Judge Jennifer Choe-Groves said that since the plaintiff is a company and not a person, counsel for Hongteo -- namely, Lawrence Pilon and Serhiy Kiyasov of Rock Trade Law -- could not leave the case without substitute counsel first being identified. Pilon and Kiyasov sought to withdraw as counsel since Hongteo did not pay its outstanding legal fees.
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"Because no substitute counsel has yet been identified to replace Plaintiff’s counsel, the Court denies the Withdrawal Motion without prejudice," Choe-Groves ruled. However, the judge ruled that the plaintiff has 30 days to tell the court if it gets new counsel. Should this happen, Pilon and Kiyasov can refile the motion to withdraw. If no new counsel is hired or the issues are not sorted out with the current counsel, the court likely will dismiss the case, Choe-Groves said.
Hongteo filed its complaint at CIT in November 2021 to contest the classification of its aluminum fuel pump mounts. The exporter sought a different Harmonized Tariff Schedule subheading that would lower the duty rate and remove the Section 301 China tariff liability from the imports (see 2111120051).
(Guangdong Hongteo Technology Co. v. U.S., Slip Op. 22-80, CIT #20-03776, dated 07/11/22, Judge Jennifer Choe-Groves. Attorneys: Lawrence Pilon of Rock Trade Law for plaintiff Guangdong Hongteo; Edward Kenny for defendant U.S. government)