Massive Section 301 Litigation Approaches First Birthday
Friday is the one-year anniversary of the first-filed Section 301 complaint alleging the Lists 3 and 4A tariffs on Chinese goods are unlawful under the 1974 Trade Act and violate the 1946 Administrative Procedure Act protections against sloppy agency rulemakings…
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(see 2009110041). Virtually all the roughly 3,800 cases from 6,500 or more importers that have since inundated the U.S. Court of International Trade seek to vacate the Lists 3 and 4A tariff rulemakings and get the duties refunded with interest. The court’s order Wednesday vacating components of its July 6 preliminary injunction order instructed the government to liquidate customs entries from China with Lists 3 and 4A tariff exposure “in the ordinary course” and refund the money with interest if the tariffs are declared unlawful, once the litigation becomes “final and conclusive” (see 2109080061). The order also frees the litigation to return to arguments on the merits after a prolonged battle over many months over refund relief. Oct. 1 is the deadline for DOJ to file papers supporting its June 1 dispositive motion and response to the plaintiffs’ Aug. 2 cross-motion. Nov. 15, the last date listed on the court’s April 13 briefing schedule (in Pacer), is when the plaintiffs file their reply.