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USTR Twice Failed to Meet Its APA Obligations, Section 301 Amici Tell Trade Court
September 14, 2022 by Paul Gluckman|Top News

The Court of International Trade “bent over backwards” to allow the Office of the U.S. Trade Representative to comply with its Administrative Procedure Act obligations in its imposition of the lists 3 and 4A Section 301 tariffs on Chinese goods when it remanded the duties to the agency for further explanation on the rationale for the actions it took in the context of the comments it received, said an amicus brief filed Sept. 14 in the massive Section 301 litigation from the Retail Litigation Center, CTA, the National Retail Federation and four other trade associations. With USTR’s “non-responsive” answer to the remand order, the time has come for the court “to impose the normal remedy for unlawful agency action” and to vacate the lists 3 and 4A tariffs, it said (In Re Section 301 Cases, CIT #21-00052).

Topics:Section 301 tariff exclusions, Section 301 tariffs, Customs duty, Court of International Trade
CIT Orders Briefing Over Relevance of Recent CAFC Decision in Section 301 Exclusion Case
September 9, 2022 by Jacob Kopnick|Litigation

The Court of International Trade in a Sept. 7 paperless order instructed the plaintiff, Environment One, in a case over a denied Section 301 exclusion request to file a supplemental brief over whether a recent U.S. Court of Appeals for the Federal Circuit decision is relevant to the current action (Environment One Corporation v. United States, CIT #22-00124).

Topics:Court of International Trade activity, Court of Federal Appeals Trade activity
US Wants Chinese Economy to ‘Operate Like Ours,’ Says USTR Tai
September 8, 2022 by Paul Gluckman|Trade

It’s “absolutely” possible to have a “real” trade negotiation with China, said U.S. Trade Representative Katherine Tai Wednesday on a Carnegie Endowment webinar. What the U.S. really wants from China is for its economy “to operate like ours, and along the assumptions and the norms that we feel are embodied in organizations like the World Trade Organization,” said Tai. “The Chinese have pursued a model that is different from ours.” Until China “chooses a path to have its economy operate more like ours, I think we see that we need to have more effective tools in ensuring that we can continue to compete,” she said. She said those tools include “a combination” of the Section 301 tariffs that are in place, plus making investments in “American competitiveness,” she said.