CIT Requires Dismissal Signed by All Parties Who Have Appeared for Any Section 301 Case
Any plaintiff in the massive Section 301 litigation looking to dismiss their case must comply with the court's rules to file a stipulation of dismissal signed by all parties who have appeared in the case, the Court of International Trade…
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said in a text-only order. The court clarified that this rule, USCIT Rule 41(a)(1)(A)(ii), applies in the present action since the U.S. filed a Master Answer in the overarching test case, meaning the answer is considered to be filed in each Section 301 case "now pending or hereafter filed" in the court. Certain companies have begun dismissing their challenges to the China tariffs following the trade court's ruling that the Office of the U.S. Trade Representative did not violate the law when implementing them (see 2303170063) (In Re Section 301 Cases, CIT # 21-00052).