DOJ Asks to Be Served Section 301 Court Papers on CBP’s Behalf

The COVID-19 pandemic's “unprecedented complications” are making it impossible for CBP to be served summonses and complaints by certified or registered mail from many of the thousands of plaintiffs in the Section 301 litigation at the U.S. Court of International Trade, the Department of Justice said Dec. 9 in a motion to adopt alternative procedures for service. Staff in CBP’s chief counsel’s office “have been working under maximum telework conditions,” and some mail “has been returned to the sender as undeliverable,” it said. To resolve the issue, DOJ’s international trade field office “agrees to accept service of these documents on behalf of CBP,” it said. The motion “concerns overall case management of an unusually large volume of cases,” it said. DOJ included a list of 3,659 complaints, covering 193 pages, filed through Dec. 8. All the complaints seek to get the lists 3 and 4A Section 301 tariff rulemakings vacated and the duties refunded.