Court of Int'l Trade

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On September 14, 2022, the plaintiff group in the ongoing China Section 301 tariff refund litigation before the Court of International Trade (CIT) filed its comments in response to the USTR’s remand explanation.  The comments highlight that the CIT offered the USTR a final opportunity to explain its rationale and reasoning as to why it…

In a June 9, 2022 opinion, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or CAFC) upheld the decision by the U.S. Court of International Trade (CIT) dismissing Universal Steel Products Holding’s challenge to Section 232 tariffs that the Trump administration placed on steel imports.  The plaintiffs had earlier challenged both…

On April 1, 2022, the three-judge panel at the U.S. Court of International Trade (CIT) issued its opinion in the China Section 301 tariff refund litigation regarding the government defendants’ motion to dismiss and the plaintiffs’ cross-motion for judgment on the record. The CIT found that: (1) the Office of the U.S. Trade Representative (USTR)…

On February 1, 2022, a three-judge panel at the U.S. Court of International Trade (CIT) held oral argument in the China Section 301 tariff refund litigation to consider the government defendants’ motion to dismiss and the plaintiffs’ cross motion for judgment on the record. Arguments by both parties focused on three main issues: (1) justiciability;…

On September 8, 2021, the Court of International Trade (CIT) issued an order that revised its July 6, 2021 order granting the plaintiff group’s motion for a preliminary injunction in the ongoing China Section 301 tariff refund litigation. That preliminary injunction suspended liquidation of unliquidated entries from China subject to List 3 and List 4A…

On August 23, 2021, the plaintiff group led by Transpacific Steel LLC filed a petition with the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) requesting a rehearing by all the Federal Circuit judges of the July 2021 three-judge panel decision reversing the ruling of the U.S. Court of International Trade (CIT) that…

On August 16, 2021, the U.S. Court of International Trade (CIT) once again issued an order revising certain deadlines originally established in its July 6 decision and order granting the plaintiff group’s motion for a preliminary injunction in the ongoing Section 301 tariff refund litigation involving imports of certain Chinese products. The preliminary injunction suspended…

On August 2, 2021, the plaintiff group in the ongoing Section 301 tariff refund litigation at the U.S. Court of International Trade (CIT) filed a Cross-Motion for Judgment on the Agency Record and a Response to the Government’s Motion to Dismiss. In seeking judgment and asking that the government defendants’ motion be denied, the…

On August 2, 2021, the U.S. Court of International Trade (CIT) held a status conference and issued its second order revising certain deadlines originally established in its July 6 decision and order granting the plaintiff group’s motion for a preliminary injunction in the ongoing Section 301 tariff refund litigation involving imports of certain Chinese products.…