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

The three-judge panel at the U.S. Court of International Trade presiding over the Section 301 litigation scheduled oral argument in the sample case for Feb. 1 at 10 a.m. in the court's Ceremonial Courtroom in New York, said an order entered Friday in master case docket 21-cv-52. Chief Judge Mark Barnett had asked lawyers from both sides at a virtual status conference Wednesday to email the court by Friday about schedule conflicts they had in January and February. The panel's original preference was to schedule oral argument for Jan. 13, said Barnett. Its “strong desire” was to hold in-person oral argument with "limited in-person attendance, he said. The court “a little over a month ago” joined the federal judiciary’s “pilot” program to broadcast in-person proceedings on a dedicated YouTube channel, he said. “We’re working out the kinks" of the pilot, and court staff “are working hard to make sure that we’re going to be ready to go,” he said. “Anybody that wants to, without prior registration, will be able to listen in. I’m sure there will be lots of folks intending to do that.” It was Barnett’s strong preference to push oral argument into 2022, said the chief judge to a question from lead Akin Gump attorney Matthew Nicely about whether he had ruled out December. “I want to make sure that, frankly, we all have enough time to be as well-prepared as we can be and should be for the argument, to make it as productive as possible,” said Barnett.

Importer Guangdong Hongteo Technology Co. filed a complaint at the Court of International Trade, contesting what is the proper classification for its aluminum fuel pump mounts. Hongteo is seeking a more favorable HTS subheading that would lower the duty rate for the mounts and remove the Section 301 China tariff liability from the imports. The entries, in particular, are "six components made chiefly of aluminum, used to mount fuel pumps onto certain automotive spark-ignition internal combustion piston engines" (Guangdong Hongteo Technology Co., Ltd. v. United States, CIT #20-03776).

The three-judge panel at the U.S. Court of International Trade presiding over the Section 301 litigation scheduled oral argument in the HMTX Industries-Jasco Products sample case for Feb. 1, 2022, at 10 a.m. in the court's Ceremonial Courtroom in New York, an order entered Nov. 12 in master case docket 21-cv-52 said. Chief Judge Mark Barnett had asked lawyers from both sides at a virtual status conference Nov.10 to email the court by Nov. 12 about schedule conflicts they had in January and February.

Lawyers for DOJ and Section 301 sample-case plaintiffs HMTX Industries and Jasco Products, “in preparation for scheduling oral argument” in the case, should email the U.S. Court of International Trade by Friday disclosing any “scheduling conflicts that would preclude their attendance at the hearing” in January or February, said an order entered Wednesday in master-case docket 21-cv-52 (in Pacer). Akin Gump attorneys for HMTX and Jasco are to file final written arguments on Monday, the last item on the case calendar in an April 13 scheduling order. Wednesday’s order appeared to dash any possibility of oral argument before year-end, as some lawyers involved in the litigation had thought might happen. Several thousand complaints were filed in the massive Section 301 litigation since September 2020, all seeking to have the Lists 3 and 4A tariffs on Chinese imports declared unlawful and any paid duties refunded with interest.

The former minister counselor for trade affairs in the U.S. Embassy in Beijing told an audience that in the last few years, Chinese government officials "feel like they've outflanked us on the trade front." James Green, who was speaking on a Flexport webinar on the future of U.S.-China trade policy, said that officials were pleasantly surprised that the tariffs on most exports to the U.S. did not hurt their economy more. And, he said, between sealing the Regional Comprehensive Economic Partnership and applying to join the Trans-Pacific Partnership, they also feel like they have other options for exporting when things with the U.S. sour.

Lawyers for the Department of Justice and Section 301 sample-case plaintiffs HMTX Industries and Jasco Products, “in preparation for scheduling oral argument” in the case, have until Nov. 12 to email the Court of International Trade about any “scheduling conflicts that would preclude their attendance at the hearing” in January or February of 2022, an order entered on Nov. 10 said. Akin Gump attorneys for HMTX and Jasco are scheduled to file their final papers with the court on Nov. 15. the Nov. 10 order appeared to dash any possibility oral argument would be held before year-end, as some lawyers involved in the litigation had expected, as an outside chance. Several thousand complaints have been filed in the massive Section 301 litigation since September 2020, all seeking to have the lists 3 and 4A tariffs on Chinese imports declared unlawful and any paid duties refunded with interest (In Re Section 301 Cases, CIT #21-00052).

The three-judge panel at the U.S. Court of International Trade presiding over the Section 301 litigation scheduled oral argument in the HMTX Industries-Jasco Products sample case for Feb. 1, 2022, at 10 a.m. in the court's Ceremonial Courtroom in New York, an order entered Nov. 12 in master case docket 21-cv-52 said. Chief Judge Mark Barnett had asked lawyers from both sides at a virtual status conference Nov.10 to email the court by Nov. 12 about schedule conflicts they had in January and February.

The former minister counselor for trade affairs in the U.S. Embassy in Beijing told an audience that in the last few years, Chinese government officials "feel like they've outflanked us on the trade front." James Green, who was speaking on a Flexport webinar on the future of U.S.-China trade policy, said that officials were pleasantly surprised that the tariffs on most exports to the U.S. did not hurt their economy more. And, he said, between sealing the Regional Comprehensive Economic Partnership and applying to join the Trans-Pacific Partnership, they also feel like they have other options for exporting when things with the U.S. sour.

Correction: The Office of the U.S. Trade Representative will extend the expiration date for 81 of 99 previously granted Section 301 tariff exclusions for six months (see 2111100028). The expiration dates for the other exclusions will be extended 16 days to Nov. 30.