The following lawsuits were recently filed at the Court of International Trade:
Section 301 Tariffs
Section 301 Tariffs are levied under the Trade Act of 1974 which grants the Office of the United States Trade Representative (USTR) authority to investigate and take action to protect U.S. rights from trade agreements and respond to foreign trade practices. Section 301 of the Trade Act of 1974 provides statutory means allowing the United States to impose sanctions on foreign countries violating U.S. trade agreements or engaging in acts that are “unjustifiable” or “unreasonable” and burdensome to U.S. commerce. Prior to 1995, the U.S. frequently used Section 301 to eliminate trade barriers and pressure other countries to open markets to U.S. goods.
The founding of the World Trade Organization in 1995 created an enforceable dispute settlement mechanism, reducing U.S. use of Section 301. The Trump Administration began using Section 301 in 2018 to unilaterally enforce tariffs on countries and industries it deemed unfair to U.S. industries. The Trump Administration adopted the policy shift to close what it deemed a persistent "trade gap" between the U.S. and foreign governments that it said disadvantaged U.S. firms. Additionally, it pointed to alleged weaknesses in the WTO trade dispute settlement process to justify many of its tariff actions—particularly against China. The administration also cited failures in previous trade agreements to enhance foreign market access for U.S. firms and workers.
The Trump Administration launched a Section 301 investigation into Chinese trade policies in August 2017. Following the investigation, President Trump ordered the USTR to take five tariff actions between 2018 and 2019. Almost three quarters of U.S. imports from China were subject to Section 301 tariffs, which ranged from 15% to 25%. The U.S. and China engaged in negotiations resulting in the “U.S.-China Phase One Trade Agreement”, signed in January 2020.
The Biden Administration took steps in 2021 to eliminate foreign policies subject to Section 301 investigations. The administration has extended and reinstated many of the tariffs enacted during the Trump administration but is conducting a review of all Section 301 actions against China.
The following lawsuits were recently filed at the Court of International Trade:
“Good cause exists” for the Court of International Trade to grant Section 301 sample-case plaintiffs HMTX Industries and Jasco Products leave to reply to DOJ’s opposition to the preliminary injunction plaintiffs seek to freeze liquidation of unliquidated customs entries from China with lists 3 and 4A tariff exposure, said Akin Gump’s motion filed late May 20 in docket 1:21-cv-52.
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The preliminary injunction that the Section 301 plaintiffs seek to freeze liquidations of unliquidated customs entries from China with lists 3 and 4A tariff exposure (see 2104260010) is “unwarranted,” falls short of the high legal "bar" required and “would impose an enormous administrative burden” on CBP when the agency’s resources already are stretched thin, DOJ’s May 14 opposition argued at the Court of International Trade. Importers filed for the injunction April 23 after DOJ wouldn't stipulate it would support refunds of liquidated entries if the plaintiffs won the litigation and the tariffs were ruled unlawful.
The following lawsuits were recently filed at the Court of International Trade:
A group of importers involved in the litigation over the Section 301 tariffs sent a letter on May 7 to the White House urging a settlement in the case to "alleviate the economic and social harms these tariffs have caused to U.S. companies, U.S. workers and the overall U.S. economy." Led by the importers selected to serve as the test case for the litigation, HMTX Industries and Jasco Products Company, the companies told the White House they are seeking an end to the tariffs and a full refund of the "unlawfully" collected lists 3 and 4A duties collected from the companies. The case is currently making its way through the Court of International Trade.
The following lawsuits were recently filed at the Court of International Trade: