WASHINGTON — A judge on Monday refused a U.S. Justice Department request to delay a preliminary injunction that bars the government from accepting or reviewing China safeguard petitions.
Senior Judge Richard W. Goldberg of the U.S. Court of International Trade issued a one-sentence order three days after the Justice Department filed a motion for a stay. The federal agency argued in its motion filed Friday for a limited stay, at a minimum. That would have left intact the CIT’s preliminary injunction against imposing threat-based safeguards but would have allowed the government to self-initiate safeguards, consider and analyze pending petitions and hold consultations with China.
Goldberg’s ruling was a procedural victory for the U.S. Association of Importers of Textiles & Apparel, which brought the lawsuit against the government on Dec. 1, and another roadblock for domestic textile and apparel producers concerned that unrestrained imports from China are already flooding the market.
“It is an indication the judge has real confidence in his decision to grant the preliminary injunction,” said Brenda Jacobs, the lead counsel for the USA-ITA.
The USA-ITA sued five federal agencies seeking a permanent injunction, alleging that the government violated its own published regulations and the Administrative Procedures Act when it agreed to accept safeguard petitions based on the threat of market disruption as opposed to actual harm.
The government has until Monday to respond to the USA-ITA’s opposition to the government’s motion to dismiss the case. The Justice Department has also said it plans to file an appeal of the preliminary injunction with the Federal Circuit Court of Appeals.
Goldberg’s rulings have thrown into question the timing of potential China safeguards, which are essentially temporary quotas. A coalition of domestic textile and apparel groups, and the union UNITE HERE that filed 12 China safeguard petitions in an effort to curb the flow of Chinese imports could be forced to file new safeguard petitions, this time based on actual market disruption, if the CIT case or appeals process drags on.
“The judge is taking the [safeguard] process out of play by the extent of his actions,” said Auggie Tantillo, executive director of the American Manufacturing Trade Action Coalition. “This is indicative of the U.S. government’s inability to provide effective safeguard remedies. If it’s not a 17-month delay in producing [safeguard] regulations, it’s a set of rules that take 120 days to adjudicate, and now there is an extra layer of complexity because a judge is putting everything on ice.”
“Azzedine has been one of the biggest influences in my life. He has always been such a strong, loving, fatherly figure to me. I call him Papa. His designs are indescribably unique, they are pieces of art. He knew how to make the female form look its loveliest. I have so many memories of him; my favorite might be during my first show with him in Paris. He liked me and he wanted to help me get more work. He called all his friends at Kenzo and Comme des Garcons, and asked them to book me. They said, ‘But she can’t walk!’ And he said, ‘but she has such a great ass!' His friendship and support has been the great privilege of my career. I can't imagine life without him. Repose en paix mon Papa.” - @stephanieseymour tells @wwd. #wwdfashion (📷: @steveeichner) #alaia #azzedinealaia
Azzedine Alaïa, flanked by two of his closest friends, models Stephanie Seymour and Naomi Campbell.
He designed Seymour’s dress for her 1995 wedding to Peter Brant, and treated Campbell (who famously called him Papa), like a daughter. For more on the legendary designer, tap the link in bio. #wwdfashion #alaia #azzedinealaia
Azzedine Alaïa's “I-did-it-my-way” ethos stood out starkly at a time when brands are experimenting with consumer-facing fashion shows, coed formats and trans-seasonal collections – anything to perk up lackluster sales of ready-to-wear in an age of Insta-everything. “It’s not creation anymore. This becomes a purely industrial approach,” the late designer told WWD in an interview last year. “But anyway, the rhythm of collections is so stupid. It’s unsustainable. There are too many collections.” Read more about the iconic designer’s life and work on wwd.com, link in bio. #wwdfashion #azzedinealaia (📷: @WWD Archive, 1986) #alaia
Sneaker reselling app @goat’s latest exhibit, "The Greatest: New York," tells the story of New York's sneaker culture. To celebrate the exhibit, an intimate crowd gathered on Thursday night at the pop-up gallery space, located at Platform in Culver City, to hear guest speaker and illustrator @esymai talk about her own rise in streetwear and women in the business. "For me I'm just someone who is creative. I like to create things," said Chang. #wwdfashion
Azzedine Alaïa, one of the most iconic couturiers of the modern era whose body-con designs defined Eighties fashion, has died in Paris. The diminutive Tunisian-born designer, known for his structured knitted dresses with fitted waists and impeccably cut, figure-hugging second skin silhouettes was deeply admired by his peers, and counted supermodel Naomi Campbell - his adoptive daughter - among his inner circle, one of a gang of glamazons including Farida Khelfa, Carla Bruni and Stephanie Seymour who became ambassadors of his style. (📷: Alexandre Guirkinger) #wwdblast