The massive Section 301 litigation that inundated the U.S. Court of International Trade since the first cases were filed 16 months ago enters a critical new phase Tuesday when oral argument is scheduled for 10 a.m. EST before the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. Virtually all the thousands of complaints seek to vacate the Lists 3 and 4A tariffs on Chinese imports and get the duties already paid refunded with interest on grounds that the Office of the U.S. Trade Representative overstepped its tariff-wielding authority under the 1974 Trade Act and violated protections in the 1946 Administrative Procedure Act (APA) against sloppy federal agency rulemakings.

The massive Section 301 litigation that has inundated the U.S. Court of International Trade since the first cases were filed 16 months ago enters a critical new phase Feb. 1 when oral argument is scheduled for 10 a.m. EST before the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. Virtually all the thousands of complaints seek to vacate the lists 3 and 4A tariffs on Chinese imports and get the duties paid refunded with interest on grounds that the Office of the U.S. Trade Representative overstepped its tariff-wielding authority under the 1974 Trade Act and violated protections in the 1946 Administrative Procedure Act (APA) against sloppy federal agency rulemakings.

Mandating a broad exclusion process for importers of goods subject to Section 301 tariffs, extending the period of the Generalized System of Preferences benefits program renewal, reforming the GSP competitive needs limitations, a ban on importing sodium cyanide briquettes, and changes to the Lacey Act are all among hundreds of amendments to the America Competes Act that have been submitted to the Rules Committee, which has the responsibility for shaping the bill that will get a vote on the House floor (see 2201310033).

The U.S. Court of International Trade is limiting in-person attendance at Tuesday’s oral argument in the Section 301 cases, “due to the ongoing COVID-19 pandemic" and to "facilitate social distancing in the courtroom,” said a procedural order signed Jan. 27 by Chief Judge Mark Barnett. An audio feed of the 10 a.m. proceeding will be livestreamed on YouTube, the order said. The court joined the federal judiciary’s “pilot” program in the fall to broadcast in-person proceedings on a dedicated YouTube channel, Barnett told a mid-November status conference (see 2111120069). The pilot enables anyone to listen in “without prior registration,” and “I’m sure there will be lots of folks intending to do that,” he said then. Thousands of Section 301 cases all seek to vacate the lists 3 and 4A tariffs on Chinese imports and get the paid duties refunded with interest.

The U.S. Court of International Trade is limiting in-person attendance at Tuesday’s oral argument in the Section 301 cases, “due to the ongoing COVID-19 pandemic" and to "facilitate social distancing in the courtroom,” said a procedural order signed Thursday by Chief Judge Mark Barnett. An audio feed of the 10 a.m. proceeding will be livestreamed on YouTube, the order said. The court joined the federal judiciary’s “pilot” program in the fall to broadcast in-person proceedings on a dedicated YouTube channel (see 2111110008). Thousands of Section 301 cases all seek to vacate the Lists 3 and 4A tariffs on Chinese imports and get the paid duties refunded with interest.

The Customs Rulings Online Search System (CROSS) was updated Jan. 21 and again Jan. 25 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):

In-person oral argument in the Section 301 cases is scheduled for Feb. 1 at 10 a.m. in the Ceremonial Courtroom of the U.S. Court of International Trade, the court confirmed in a Jan. 25 amended courthouse activities report. A previously posted report dated Jan. 24 had the Section 301 oral argument missing from the schedule. Mindful of the enormous attention the litigation has generated through the thousands of cases filed, the court said in a Nov. 12 scheduling order that it “anticipates that in-person attendance will be limited” but that a remote audio feed would be provided. All the cases seek to have the lists 3 and 4A tariffs on Chinese imports vacated and the paid duties refunded with interest.

The following lawsuits were recently filed at the Court of International Trade:

In-person oral argument in the Section 301 cases is scheduled for Tuesday at 10 a.m. in the Ceremonial Courtroom of the U.S. Court of International Trade, confirmed the court in an amended courthouse activities report Tuesday. A previously posted report dated Monday had the Section 301 oral argument missing from the schedule. Mindful of the enormous attention the litigation has generated through the thousands of cases filed, the court said in a Nov. 12 scheduling order that it “anticipates that in-person attendance will be limited,” but a remote audio feed will be provided. All the cases seek to have the Lists 3 and 4A tariffs on Chinese imports vacated and the paid duties refunded with interest. Lawyers with active Section 301 cases told us they think the Ceremonial Courtroom was chosen for its size and historical significance, having played host to oral argument in the harbor maintenance tax case after which some of the Section 301 case management procedures were fashioned. The lawyers speculated the Ceremonial Courtroom holds more than twice the gallery of any of the other regular courtrooms, and was picked to promote better social distancing.

The following lawsuits were recently filed at the Court of International Trade: