CIT Extends Preliminary Injunction to Unassigned Section 301 Cases
The Court of International Trade in a pair of administrative orders extended both the preliminary injunction enjoining liquidation of unliquidated entries subject to the massive Section 301 litigation and the order telling the U.S. to refund duties should the Section 301 plaintiffs be successful in unassigned Section 301 challenges. In July 2021, the court temporarily suspended liquidation of the subject imports. Judge Mark Barnett extended this order via an administrative order to unassigned Section 301 cases.
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In September 2021, the court vacated the temporary restraining order and the requirement for the U.S. to create a repository for entries subject to the suspension of liquidation. The order further acknowledged the U.S.'s position "that it must accept the option to stipulate to refund any duties found to have been illegally collected subject to various conditions." In another order, the trade court extended this order to new, unassigned Section 301 cases.