A text-only order Sept. 15 of the three-judge panel at the Court of International Trade granted the motion for leave filed by three importers to enter into the record of the Section 301 litigation their previously unexpected amicus brief in the Section 301 litigation (see 2209140054). Verifone, Drone Nerds and Specialized Bicycle Components argued in the brief for the lists 3 and 4A tariffs to be vacated for Administrative Procedure Act violations at the Office of the U.S. Trade Representative that remain uncured after the agency filed its Aug. 1 remand determination. The three importers are “interested parties” to the litigation, as they are “individual claimants” among the thousands of Section 301 lawsuits filed, and because they “do business in and with China,” their motion said (In Re Section 301 Cases, CIT #21-00052).
Automated shade machines are neither "curtains" nor " builders' wares" but are complex machines classifiable in the tariff schedule as appliances with individual functions, importer Lutron said in a Sept. 14 complaint to the Court of International Trade (Lutron Electronics v. U.S., CIT #22-00264).
Countries whose industries have been damaged by Chinese oversubsidization and overcapacity have tried to discourage subsidies in China, with results that have "been mixed at best," said Anna Ashton, the Eurasia Group's director of China corporate affairs and U.S.-China relations. She said allowing China to join the World Trade Organization, more than 20 years ago, was part of this system of carrots and sticks to effect changes in China.
The U.S. Court of International Trade in its April 1 remand order gave the Office of the U.S. Trade Representative “one final opportunity” to cure its Administrative Procedure Act violations and "flesh out" the reasons why it rejected the 9,000+ comments it received in the Lists 3 and 4A Section 301 tariff rulemakings, without devising “new rationales for dismissing them,” said Akin Gump lawyers for lead Section 301 plaintiffs HMTX Industries and Jasco Products, in comments in docket 1:21-cv-52 on USTR’s Aug. 1 remand determination. “USTR’s response to that directive flunks the Court’s test,” they said.
The Court of International Trade in its April 1 remand order gave the Office of the U.S. Trade Representative “one final opportunity” to cure its Administrative Procedure Act violations and "flesh out" the reasons why it rejected the 9,000+ comments it received in the lists 3 and 4A Section 301 tariff rulemakings, without devising “new rationales for dismissing them,” Akin Gump lawyers for lead Section 301 plaintiffs HMTX Industries and Jasco Products said in comments on USTR’s Aug. 1 remand determination. “USTR’s response to that directive flunks the Court’s test,” they said (In Re Section 301 Cases, CIT #21-00052).
The Court of International Trade “bent over backwards” to allow the Office of the U.S. Trade Representative to comply with its Administrative Procedure Act obligations in its imposition of the lists 3 and 4A Section 301 tariffs on Chinese goods when it remanded the duties to the agency for further explanation on the rationale for the actions it took in the context of the comments it received, said an amicus brief filed Sept. 14 in the massive Section 301 litigation from the Retail Litigation Center, CTA, the National Retail Federation and four other trade associations. With USTR’s “non-responsive” answer to the remand order, the time has come for the court “to impose the normal remedy for unlawful agency action” and to vacate the lists 3 and 4A tariffs, it said (In Re Section 301 Cases, CIT #21-00052).
The Court of International Trade in its April 1 remand order gave the Office of the U.S. Trade Representative “one final opportunity” to cure its Administrative Procedure Act violations and "flesh out" the reasons why it rejected the 9,000+ comments it received in the lists 3 and 4A Section 301 tariff rulemakings, without devising “new rationales for dismissing them,” Akin Gump lawyers for lead Section 301 plaintiffs HMTX Industries and Jasco Products said in comments on USTR’s Aug. 1 remand determination. “USTR’s response to that directive flunks the Court’s test,” they said (In Re Section 301 Cases, CIT #21-00052).
The U.S. Court of International Trade “bent over backwards” to allow the Office of the U.S. Trade Representative to comply with its Administrative Procedure Act obligations in its imposition of the Lists 3 and 4A Section 301 tariffs on Chinese goods when it remanded the duties to the agency for further explanation on the rationale for the actions it took in the context of the comments it received, said an amicus brief Wednesday in docket 1:21-cv-52 from the Retail Litigation Center, CTA, National Retail Federation and four other trade associations. With USTR’s “non-responsive” answer Aug. 1 to the remand order, the time has come for the court “to impose the normal remedy for unlawful agency action” by vacating the Lists 3 and 4A tariffs and ordering them refunded, it said.
The Court of International Trade “bent over backwards” to allow the Office of the U.S. Trade Representative to comply with its Administrative Procedure Act obligations in its imposition of the lists 3 and 4A Section 301 tariffs on Chinese goods when it remanded the duties to the agency for further explanation on the rationale for the actions it took in the context of the comments it received, said an amicus brief filed Sept. 14 in the massive Section 301 litigation from the Retail Litigation Center, CTA, the National Retail Federation and four other trade associations. With USTR’s “non-responsive” answer to the remand order, the time has come for the court “to impose the normal remedy for unlawful agency action” and to vacate the lists 3 and 4A tariffs, it said (In Re Section 301 Cases, CIT #21-00052).
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