Section 301 Investigations

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On June 1, 2021, the U.S. Department of Justice (DOJ), representing U.S. government defendants, filed its dispositive motion – a motion to dismiss and, in the alternative, a motion for judgment on the agency record – in litigation at the U.S. Court of International Trade (CIT) involving the potential refund of Section 301 tariffs placed…

On June 2, 2021, the office of the U.S. Trade Representative (USTR) announced the conclusion of its Section 301 investigations of Digital Service Taxes (DSTs) that have been adopted by Austria, India, Italy, Spain, Turkey and the United Kingdom. For each country, USTR determined that it would take action in the form of additional duties…

On May 14, 2021, the U.S. government defendants in the ongoing Court of International Trade (CIT) litigation over Section 301 tariffs on certain imports of Chinese products filed their opposition to the plaintiffs’ motion for a preliminary injunction that would suspend collection of these tariffs on imports covered by List 3 and List 4A as…

On May 12, 2021, U.S. Trade Representative Katherine Tai testified before the U.S. Senate Finance Committee on President Joseph Biden’s trade agenda. Ambassador Tai’s written testimony noted that the Biden administration wants “a fair international trading system that promotes inclusive growth and reflects America’s universal values.” She noted that support from Congress would add “more…

On April 23, 2021, the plaintiff group in the ongoing Section 301 tariff refund litigation at the U.S. Court of International Trade (CIT) filed a Motion for Preliminary Injunction Limited to Suspension of Liquidation of all unliquidated entries of imported products from China appearing on the Office of the U.S. Trade Representative’s Lists 3 and…

On April 13, 2021, the U.S. Court of International Trade (CIT) issued a Scheduling Order in response to the joint status report filed the previous day by the plaintiffs and U.S. government defendants in the ongoing litigation involving more than 3,700 complaints challenging the legality of duties implemented on certain imports from China pursuant to…

On March 31, 2021, the three-judge panel at the U.S. Court of International Trade (CIT) assigned to the litigation involving the potential refund of Section 301 tariffs on certain imports from China issued its fourth procedural order in the proceeding. In the order, the CIT: (1) accepted the first-filed case as the sample case for…

On March, 11, 2021, the U.S. government, the defendant in the ongoing U.S. Court of International Trade (CIT) China tariff refund litigation filed its master answer and anticipated affirmative defenses in response to the thousands of complaints challenging the legality of the additional duties implemented on certain imports from China pursuant to Section 301 of…

The Office of the U.S. Trade Representative (USTR) has announced that it will continue to exclude Section 301 duties on imports of certain Chinese medical care products needed to address the COVID-19 pandemic. The current exclusions were set to expire on March 31, 2021 (see Update of December 23, 2020); however, with this…