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Government Gets 1-Week Extension to File Section 301 Remand Response

The Court of International Trade in an Oct. 24 order gave the U.S. a one-week deadline extension to Nov. 4 in the Section 301 cases to file its response to the plaintiffs’ comments on the Office of the U.S. Trade Representative remand results. The government argued in its motion for extension that good cause exists for the delay (In Re Section 301 Cases, CIT #21-00052).

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Though “we have been working diligently” to complete the response by the original deadline, “several logistical challenges” make it impossible to do so, the filing said. The importance of the case requires that the government’s response “must undergo a heightened level of internal review, and this review process has taken longer than anticipated,” it said. Another extenuating development was that one of the lead DOJ attorneys, Jamie Shookman, recently sustained an injury “that impacted her ability to work on our brief,” it said.

Akin Gump attorneys for lead plaintiffs HMTX Industries and Jasco Products told DOJ they would not oppose the seven-day deadline extension if they could extend to Dec. 5 from Nov. 14 their own deadline for replying to the government to accommodate international travel and other court commitments, DOJ said. The court agreed to the new deadlines, making the plaintiffs' reply due on Dec. 5.