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, 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.
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 “Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on July 1, 2021, U.S. note 20(qqq)(4) to subchapter III of chapter 99 of the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.
Importers seeking suspended liquidations of customs entries from China with Section 301 Lists 3 and 4A tariff exposure under the July 6 preliminary injunction (PI) order of the U.S. Court of International Trade would need to file their requests in a “repository” to be set up in the Customs and Border Protection’s Automated Commercial Environment database and back them up with emails to their appropriate CBP Center of Excellence and Expertise (CEE), say draft DOJ instructions (in Pacer) filed with the court Friday in docket 1:21-cv-52. “We have conferred with plaintiffs and understand that they will respond separately with their responses to these draft instructions,” said DOJ attorneys. Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products didn’t comment. They're expected to repeat many of the same objections plaintiffs' steering committee lawyers raised at a July 23 status conference that the government, in complying with the PI order to suspend liquidations, wants to put too much onus on importers in processing liquidation-suspension requests. The instructions would establish 11 CEE “mailboxes” for importers to email their requests, each for a specific product sector with Lists 3 and 4A tariff exposure. Importers would be required to attach Excel spreadsheets to their emails listing seven “columns” of information the government says CBP requires to process suspension requests. Plaintiffs’ steering committee lawyers countered at the status conference that much of the information CBP seeks from importers already resides in the ACE system. The court requires the government to have the repository up and running by Aug. 6. It scheduled another status conference for Monday at 2 p.m.