Sony Electronics joined the massive Section 301 litigation inundating the U.S. Court of International Trade by hiring a sole practitioner, David Newman of Nyack, New York, instead of a big multinational law firm to file a complaint (in Pacer) on its behalf Wednesday arguing the List 3 and 4A tariffs on Chinese imports are unlawful and should be refunded. Joining the suit as co-plaintiffs were Sony Latin America and Sony Interactive Entertainment, the arm of the company responsible for the PlayStation 5. Sony argues “the same cause of action” as the first-filed HMTX Industries/Jasco Products case in September, that the Office of the U.S. Trade Representative overstepped its 1974 Trade Act by imposing tariffs that had no link to the Section 301 investigative report's finding of serious Chinese trade misbehavior. It also alleges USTR violated Administrative Procedure Act protections against rulemakings that lack transparency. An attachment to the complaint lists more than 15 dozen import categories to which Sony has List 3 or 4A exposure. Though the vast majority are for capital goods, not finished products, one standout listing is for the Harmonized Tariff Schedule’s 8528.72.64.60 subheading for finished TVs sourced from China on List 4A, with screen sizes exceeding 45 inches. No other categories of finished TVs from China are listed. Sony, like other TV brands playing in the premium tier, is believed to source most of its big-screen products from Mexico. Sony didn’t respond to questions Thursday.

Sony Electronics joined the massive Section 301 litigation inundating the U.S. Court of International Trade by hiring a sole practitioner, David Newman of Nyack, New York, instead of a big multinational law firm to file a complaint (in Pacer) on its behalf Wednesday arguing the List 3 and 4A tariffs on Chinese imports are unlawful and should be refunded. Joining the suit as co-plaintiffs were Sony Latin America and Sony Interactive Entertainment, the arm of the company responsible for the PlayStation 5. Sony argues “the same cause of action” as the first-filed HMTX Industries/Jasco Products case in September, that the Office of the U.S. Trade Representative overstepped its 1974 Trade Act by imposing tariffs that had no link to the Section 301 investigative report's finding of serious Chinese trade misbehavior. It also alleges USTR violated Administrative Procedure Act protections against rulemakings that lack transparency. An attachment to the complaint lists more than 15 dozen import categories to which Sony has List 3 or 4A exposure. Though the vast majority are for capital goods, not finished products, one standout listing is for the Harmonized Tariff Schedule’s 8528.72.64.60 subheading for finished TVs sourced from China on List 4A, with screen sizes exceeding 45 inches. No other categories of finished TVs from China are listed. Sony, like other TV brands playing in the premium tier, is believed to source most of its big-screen products from Mexico. Sony didn’t respond to questions Thursday.

Chief Judge Timothy Stanceu of the U.S. Court of International Trade will assume senior status at the court April 5, said an updated listing Wednesday on the U.S. Courts website. Stanceu, who turns 70 this year, was a 2003 appointee by President George W. Bush. It's speculated that Judge Mark Barnett, the longest-serving active judge on the court, will become chief judge. Barnett sits on the three-judge panel presiding over the massive Section 301 litigation, assigned there by Stanceu last month (see 2102050038).

Chief Judge Timothy Stanceu of the U.S. Court of International Trade will assume senior status at the court April 5, said an updated listing Wednesday on the U.S. Courts website. Stanceu, who turns 70 this year, was a 2003 appointee by President George W. Bush. It's speculated that Judge Mark Barnett, the longest-serving active judge on the court, will become chief judge. Barnett sits on the three-judge panel presiding over the massive Section 301 litigation, assigned there by Stanceu last month (see 2102050038).

Chief Judge Timothy Stanceu of the U.S. Court of International Trade will assume senior status at the court April 5, said an updated listing Wednesday on the U.S. Courts website. Stanceu, who turns 70 this year, was a 2003 appointee by President George W. Bush. It's speculated that Judge Mark Barnett, the longest-serving active judge on the court, will become chief judge. Barnett sits on the three-judge panel presiding over the massive Section 301 litigation, assigned there by Stanceu last month (see 2102050038).

Tech and creative industries universally hailed the Senate's 98-0 confirmation Wednesday of China and trade expert Katherine Tai as U.S. trade representative. Sens. Mazie Hirono, D-Hawaii, and Bernie Sanders, I-Vt., didn't vote. Tai inherits the USTR post as three rounds of Section 301 tariffs on Chinese goods remain in place at 25% and proposed duties on Vietnamese imports are still on the table from the Trump administration’s Section 301 investigation into Hanoi’s alleged currency manipulation.

The following lawsuits were filed at the Court of International Trade during the week of March 8-14:

International Trade Today is providing readers with the top stories from March 8-12 in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.

The International Trade Commission released the 2021 Basic Edition of the U.S. Harmonized Tariff Schedule March 15. The new edition, which follows three “preliminary” updates issued earlier this year, implements the recently announced four-month pause on Section 301 tariffs on goods from the United Kingdom, effective March 4 (see 2103040043). It also adds a new provision on the USMCA tariff-rate quota for sugar-containing products from Canada. The four-month suspension of Section 301 tariffs on all European Union goods, which took effect March 11 (see 2103120047), is not implemented in this edition.

The Office of the U.S. Trade Representative, acting at the “direction” of President Donald Trump, had the authority under the 1974 Trade Act to impose the Lists 3 and 4A Section 301 tariffs on Chinese imports, argued a DOJ "master answer" (in Pacer) Friday in one among a series of “anticipated defenses” it plans to mount against the massive litigation inundating the U.S. Court of International Trade. The defenses were layered with a series of fallback arguments, some contradicting others. Lawyers we polled Monday said the tactic was common, based on the proven strategy that DOJ needs only one argument to stick.