DOJ appears to be digging in for a fight over refund relief for the thousands of Section 301 plaintiffs inundating the U.S. Court of International Trade to declare the Lists 3 and 4A Chinese tariffs unlawful. The government won’t support a stipulation in which the plaintiffs, if successful in the massive litigation, could seek refunds of all tariffs paid, said a DOJ response (in Pacer) Friday in docket 1:21-cv-52. Importers are seeking upfront government support for refunds, regardless of the imports’ liquidation status, including whether the 12-month window on protesting individual liquidations will have expired.
An FCC draft equal employment opportunity proposal seeks comment on reviving long-stalled collection of minority employment data from broadcasters, said agency and industry officials in interviews last week. It stems from proposals by Geoffrey Starks shortly after he became commissioner to refresh the record on collecting such data through Form 395-B. Such collection was part of a proceeding in 2004 that stalled over confidentiality issues, broadcast officials said. The draft Further NPRM now on circulation seeks comment to refresh that record and doesn’t contain specific proposals, FCC and industry officials said.
The Department of Justice appears to be digging in for a fight over the issue of refund relief against the thousands of Section 301 plaintiffs inundating the Court of International Trade seeking to have it declare the lists 3 and 4A Chinese tariffs unlawful. The government won’t support a stipulation in which the plaintiffs, if successful in the massive litigation, could seek refunds of all tariffs paid, regardless of the imports’ liquidation status, including whether the 12-month window on protesting individual liquidations has expired, a DOJ response filed March 26 said.
Transportation Secretary Pete Buttigieg backed lawmakers' concerns Thursday about the FCC’s November vote to reallocate 5.9 GHz for Wi-Fi and cellular vehicle-to-everything (see 2011180043). He pointed during a House Infrastructure Committee hearing to coming talks within President Joe Biden's administration about an equitable way to address the issue. Lobbyists we spoke with said they expect a formal interagency review soon.
Communications Decency Act Section 230 “would benefit from thoughtful changes,” Facebook CEO Mark Zuckerberg plans to tell House Commerce Committee members during Thursday’s virtual hearing (see 2103190054). Google CEO Sundar Pichai defends the statute in prepared testimony, saying recent proposals could have unintended consequences. Twitter CEO Jack Dorsey instead focuses on transparency, procedural fairness, algorithmic choice and privacy.
Communications Decency Act Section 230 “would benefit from thoughtful changes,” Facebook CEO Mark Zuckerberg plans to tell House Commerce Committee members during Thursday’s virtual hearing (see 2103190054). Google CEO Sundar Pichai defends the statute in prepared testimony, saying recent proposals could have unintended consequences. Twitter CEO Jack Dorsey instead focuses on transparency, procedural fairness, algorithmic choice and privacy.
Portland, Oregon, and 35 other municipalities and associations asked the Supreme Court to hear the appeal of the 9th U.S. Circuit Court of Appeals' decision upholding much of the FCC's 2018 small-cell orders. Monday's appeal by localities was expected (see 2103220059). Lack of a circuit split could work against the court taking Portland v. FCC, but local governments have hope because it raises important federal questions, State and Local Legal Center Executive Director Lisa Soronen told us Tuesday.
U.S. Court of Appeals for the Federal Circuit Judge Jimmie Reyna asked probing questions on the ability of the president to implement or alter Section 232 national security tariffs with few impediments, during oral argument on March 18. The judge questioned Department of Justice counsel Tara Hogan about the government's defense of tariff alterations President Donald Trump made in 2018 and said that the way the government interpreted the law on tariff modifications would not be applicable in his line of business.
Lawyers for the roughly 3,700 Section 301 complaints inundating the U.S. Court of International Trade reached consensus on picking the first-filed HMTX Industries-Jasco Products action as the sole sample case in the massive litigation, and on seating 15 among their ranks for the plaintiffs’ steering committee, said HMTX-Jasco counsel Akin Gump in the lawyers’ “coordinated proposal” (in Pacer) Friday. Though plaintiffs “cannot guarantee 100% agreement on every issue on behalf of every single counsel,” they are “not aware of any objection to this proposal after repeated consultations and opportunities for review,” it said.
The FTC needs to review past agency antitrust analysis to determine where tools have been misused and what predictions have been incorrect, acting Chair Rebecca Kelly Slaughter told the House Antitrust Subcommittee Thursday. She responded to Chairman David Cicilline, D-R.I., and ranking member Ken Buck, R-Colo. Those lawmakers' opening remarks questioned FTC's reported reluctance in 2013 to pursue an antitrust lawsuit against Google, despite a recommendation from agency investigators.