International Trade Today is providing readers with the top stories from April 19-23 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

The government’s response is due May 14 to Akin Gump’s motion (in Pacer) Friday on behalf of Section 301 sample case plaintiffs HMTX Industries and Jasco Products for a “protective preliminary injunction” freezing the liquidation of unliquidated customs entries from China with Lists 3 and 4A tariff exposure, unless DOJ agrees to a stipulation that refund relief would be available to the importers if they prevail in the litigation (see 2104230059). Akin Gump asked for the opportunity to file a reply brief “no longer than half the length” of DOJ’s May 14 response and offered to voluntarily withdraw the motion if the government dropped its opposition and agreed to the refund stipulation.

The government’s response is due May 14 to Akin Gump’s motion April 23 on behalf of Section 301 sample case plaintiffs HMTX Industries and Jasco Products for a “protective preliminary injunction” freezing the liquidation of unliquidated customs entries from China with lists 3 and 4A tariff exposure unless DOJ agrees to a stipulation that refund relief would be available to the importers if they prevail in the litigation (see 2104230069). Akin Gump asked for the opportunity to file a reply brief “no longer than half the length” of DOJ’s May 14 response, and offered to voluntarily withdraw the motion if the government dropped its opposition and agreed to the refund stipulation.

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

HMTX Industries and Jasco Products, plaintiffs in the massive Section 301 litigation’s sample case, moved Friday in the U.S. Court of International Trade for a “protective preliminary injunction” to suspend liquidation of all unliquidated customs entries imported from China with Lists 3 and 4A tariff exposure. The Akin Gump motion (in Pacer) on behalf of HMTX-Jasco came days before the court’s three-judge panel convenes a status conference, in which plaintiffs are expected to air their demands for stipulated refunds of all liquidated entries if they prevail in the litigation.

Plaintiffs HMTX Industries and Jasco Products in the massive Section 301 litigation’s sample case moved April 23 in the U.S. Court of International Trade for a “protective preliminary injunction” to suspend liquidation of all unliquidated customs entries imported from China with Lists 3 and 4A tariff exposure. The Akin Gump motion on behalf of HMTX-Jasco came days before the court’s three-judge panel convenes a status conference in which plaintiffs are expected to air their demands for stipulated refunds of all liquidated entries if they prevail in the litigation.

Thirty Republicans, led by Sen. Rob Portman of Ohio, and seven Democrats, led by Sen. Tom Carper of Delaware, asked U.S. Trade Representative Katherine Tai to renew expired Section 301 tariff exclusions on Chinese imports. “Some inputs for American manufacturers and small businesses remain unavailable outside of China,” they wrote Tai Wednesday. The senators, joined by independent Sen. Angus King of Maine, said expiring exclusions should also be renewed, to give companies time to modify their supply chains. They also said they hope the office will reopen applications for exclusions. “Such a process should emphasize transparency, speed, consistency, and fairness, and should acknowledge both the practical realities of global value chains and the broader aim of supply chain diversification,” they wrote. Reforming the Section 301 tariff exclusions process would be “very high on my radar,” if confirmed as USTR, testified Tai at her Feb. 25 confirmation hearing (see 2102250043). Her office didn’t respond to questions Thursday.

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

The Office of the U.S. Trade Representative announced a technical correction that allows refunds for products exported after the tariffs were hiked from 10% to 25% but on the water at the time the increase was announced. The notice, set for Federal Register publication April 26, says goods that left China before May 10, 2019, and entered the U.S. before June 15, 2019, and are covered by a Section 301 exclusion, are now excluded.

Wood importer Richmond International Forest Products launched a challenge in the Court of International Trade claiming its imports of hardwood plywood from Cambodia were erroneously deemed to be of Chinese origin by CBP. In an April 21 complaint, RIFP said its imports were improperly hit with antidumping and countervailing duties, Section 301 tariffs, Merchandise Processing Fees and additional Harbor Maintenance Fee. In addition, RIFP claims that CBP's failure to consider what it sees as key evidence violated the Administrative Procedure Act and the importer's Fifth Amendment rights of due process.