On August 1, 2022, and as directed by the U.S. Court of International Trade (CIT) in its April 2022 decision (see Update of April 6, 2022), the Office of the U.S. Trade Representative (USTR) filed a 90-page explanation in support of its rationale for imposing List 3 and List 4A tariff determinations to
Court of International Trade
Federal Circuit Dismisses Broad Challenge to Section 232 Tariffs
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…
CIT Issues Opinion in China Section 301 Tariff Refund Litigation Addressing Motion to Dismiss and Cross-Motion for Judgment on the Record
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)…
CIT Holds Oral Argument in China Section 301 Tariff Refund Litigation
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;…
CIT Eliminates Repository Requirement for List 3 and List 4A Entries in China Section 301 Tariff Refund Litigation
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…
Petitioners in Section 232 Turkish Steel Challenge Seek Full Federal Circuit Review
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…
CIT Further Adjusts Deadlines in Section 301 Tariff Refund Litigation
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…
Plaintiffs File Cross-Motion for Judgment on Agency Record and Response to Government’s Motion to Dismiss in the China Section 301 Tariff Refund Litigation
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…
CIT Again Adjusts Deadlines in Section 301 Tariff Refund Litigation
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.…
CIT Adjusts Deadlines in Section 301 Tariff Refund Litigation
On July 20, 2021, the U.S. Court of International Trade (CIT) issued an order revising certain deadlines 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 liquidation of unliquidated…