Justice Department lawyers “are still conferring internally” about modifications proposed by the Section 301 plaintiffs to the July 6 preliminary injunction (PI) order freezing liquidations of unliquidated customs entries from China with lists 3 and 4A tariff exposure, said a government filing late Tuesday at the U.S. Court of International Trade, made “under protest” due to defendants’ opposition to the PI. “A lack of response to any specific proposal should not be interpreted as agreeing to that proposal,” Justice said. The government supports reliquidating, if the plaintiffs win the litigation, any entries that liquidated inadvertently during the PI order’s temporary restraining order (TRO) period due to CBP limitations, it said. “CBP only has the functionality to return liquidated entries to unliquidated status one entry at a time, and very few CBP personnel are knowledgeable and trained to utilize this very limited and extraordinary functionality,” Justice said.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
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.
All customs entries from China with Section 301 Lists 3 and 4A tariff exposure not yet liquidated as of the July 6 preliminary injunction (PI) order at the U.S. Court of International Trade freezing liquidations would liquidate "in the ordinary course" and be refunded to the plaintiff importers at the end of the litigation if they win, proposed (in Pacer) Akin Gump lawyers Tuesday for sample case plaintffs HMTX Industries and Jasco Products. Akin Gump seized on the proposal after DOJ lawyers at a status conference Thursday opened the door a crack to the possibility they would support a limited refund stipulation after months of refusing to do so (see 2107150049).
All customs entries from China with Section 301 lists 3 and 4A tariff exposure not yet liquidated as of the U.S. Court of International Trade's July 6 preliminary injunction (PI) order freezing liquidations would liquidate "in the ordinary course" and be refunded to the plaintiff importers at the end of the litigation if they win, Akin Gump lawyers proposed July 20 for sample case plaintiffs HMTX Industries and Jasco Products. Akin Gump seized on the proposal after DOJ lawyers at a status conference July 15 opened the door a crack to the possibility they would support a refund stipulation after months of refusing to do so.
The following lawsuits were filed at the Court of International Trade during the week of July 12-18:
The following lawsuits were recently filed at the Court of International Trade:
International Trade Today is providing readers with the top stories from July 12-16 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The U.S. Treasury Department reached agreement with the State Bank of Vietnam to address U.S. allegations that Hanoi was devaluing the dong against the dollar to the detriment of U.S. interests, said the two sides in a joint statement Monday. U.S. Trade Representative Katherine Tai immediately hailed Vietnam “for its commitment to addressing our concerns.”
Treasury Secretary Janet Yellen, in a recent interview with The New York Times, suggested that the cost of Section 301 tariffs on Chinese imports wasn't worth the concessions wrung from China in the phase one deal. “Tariffs are taxes on consumers. In some cases it seems to me what we did hurt American consumers, and the type of deal that the prior administration negotiated really didn’t address in many ways the fundamental problems we have with China,” she told the Times.