Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade vacated the repository requirement imposed in its July 6 preliminary injunction (PI) order for importers to request suspending the liquidation of customs entries from China with Section 301 Lists 3 or 4A tariff exposure, said an order signed Sept. 8 by Judges Claire Kelly and Jennifer Choe-Groves. The government will liquidate those entries “in the ordinary course” and refund the money with interest if the tariffs are declared unlawful, “should that decision become final and conclusive, including all appeals,” it said. The court also vacated the PI order’s temporary restraining order period when no entries could have liquidated, with or without the repository.
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 U.S. Court of International Trade extended by a week to Sept. 10 the deadline for CBP to activate the repository imposed in the July 6 preliminary injunction order for importers to suspend the liquidation of customs entries from China with Section 301 lists 3 and 4A tariff exposure. Chief Judge Mark Barnett proposed the delay at a status conference held Sept. 1 after plaintiffs and the government appeared close to an agreement on a refund stipulation plan that would make the repository unnecessary (see 2109010055). Activating the repository anyway on its original Sept. 3 deadline in light of the pending agreement would be “an exercise in futility,” Barnett told the court prior to issuing the text order.
CBP was incorrect to not extend a Section 301 tariff exclusion on side protective attachments for cars onto Keystone Automotive Operations' entries, the importer said in its Sept. 2 complaint at the Court of International Trade. Claiming that the auto parts fit under the terms of the exclusion, Keystone is challenging CBP's deemed denial of its protest (Keystone Automotive Operations, Inc. v. United States, CIT #21-00215).
The three-judge panel presiding over the Section 301 litigation at the U.S. Court of International Trade appeared during a brief, 27-minute status conference Sept. 1 to be edging closer to resolving the two-month impasse over suspending the liquidation of customs entries with lists 3 and 4A tariff exposure.
The following lawsuits were recently filed at the Court of International Trade:
Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Justice Department, in a major Section 301 litigation policy reversal, said Aug. 31 it agreed to stipulate that refunds will be available on liquidated customs entries from China with lists 3 and 4A tariff exposure if importers prevail in the massive volume of cases inundating the Court of International Trade to vacate the tariffs. Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products responded on Aug. 31 that they're "pleased" with the government's stipulation as something the plaintiffs have advocated for months, but not with DOJ's "bewildering" proposal that importers would still be required to file spreadsheet submissions in a CBP repository.