Amazon threw its hefty weight into the Section 301 litigation inundating the Court of International Trade, alleging in a complaint that the lists 3 and 4A tariffs are unlawful under the 1974 Trade Act, violate Administrative Procedure Act rules against sloppy rulemakings, and are unconstitutional because only Congress, not the executive branch, has the power to levy taxes. Amazon reported 2020 revenue of $386.1 billion and is believed now to be the second-largest Section 301 plaintiff by revenue behind Walmart, which sued the government March 8. Walmart reported $559.2 billion in revenue for the fiscal year ended Jan. 31. Both companies are the relatively few among the roughly 6,500 importer plaintiffs to challenge the tariffs on constitutionality grounds. Crowell & Moring is representing Amazon. Walmart’s attorneys are from Hogan Lovells. Both law firms have representatives that sit on the 15-member plaintiffs’ steering committee formed in late March to help manage the massive litigation.

The Trump administration’s “radical escalation” of Section 301 tariffs on Lists 3 and 4A Chinese goods “transgressed the statutory limits carefully delineated by Congress” when it crafted the 1974 Trade Act and delegated foreign-trade powers to the executive branch, said Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products. This came in a cross-motion for judgment on the agency record filed Monday at the U.S. Court of International Trade in docket 1:21-cv-52. Akin Gump’s proposed order asks that the Lists 3 and 4A tariffs be vacated, that any duties paid be refunded with interest and that the government be “permanently enjoined” from imposing the tariffs again.

Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.

The Trump administration’s “radical escalation” of Section 301 tariffs on lists 3 and 4A Chinese goods “transgressed the statutory limits carefully delineated by Congress” when it crafted the 1974 Trade Act and delegated foreign-trade powers to the executive branch, Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products said. This came in a cross-motion for judgment on the agency record filed the evening of Aug. 2 at the Court of International Trade in docket 1:21-cv-52. Akin Gump’s proposed order asks that the lists 3 and 4A tariffs be vacated, that any duties paid be refunded with interest and that the government be “permanently enjoined” from imposing the tariffs again.

The following lawsuits were filed at the Court of International Trade during the week of July 26 - Aug. 1:

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

The Office of the U.S. Trade Representative released a technical correction Aug. 3 to an existing Section 301 product exclusion to make it conform with changes to the Harmonized Tariff Schedule code published July 1. “Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on July 1, 2021, U.S. note 20(qqq)(4) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by deleting '3808.94.5090' and inserting '3808.94.5090 prior to July 1, 2021; 3808.94.5080 or 3808.94.5095 effective July 1, 2021' in lieu thereof.”

The U.S. Court of International Trade postponed for two weeks this Friday's deadline for Customs and Border Protection to create the repository through which Section 301 importers can seek to freeze liquidations of customs entries from China with Lists 3 and 4A tariff exposure under the court's July 6 preliminary injunction (PI) order. Judge Claire Kelly told a status conference Monday that the court also is postponing for two weeks Friday's deadline for plaintiffs and the government to propose modifications to the PI order.

International Trade Today is providing readers with the top stories from July 26-30 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

The Court of International Trade postponed for two weeks an Aug. 6 deadline for CBP to create the repository through which Section 301 importers can seek to freeze liquidations of customs entries from China with lists 3 and 4A tariff exposure under the court's July 6 preliminary injunction (PI) order. Judge Claire Kelly told a status conference Aug. 2 that the court also is postponing for two weeks the Aug. 6 deadline for plaintiffs and the government to propose modifications to the PI order.