Section 301 Investigation - China

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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…

The U.S. Court of International Trade (CIT) has called into question the “First Sale Rule” tariff mitigation strategy deployed by an increasing number of companies to reduce Section 301 tariffs on China-sourced goods. In Meyer Corp. v. U.S., No. 13-00154, Slip Op. 21-26 (March 1, 2021), the CIT questioned whether the First Sale Rule…

The three-judge panel established by the Court of International Trade (CIT) to manage the China Section 301 tariff refund litigation has issued two procedural orders in the recently-established master case (Court No. 21-cv-00052-3JP) (see Update of February 8, 2021), setting a path forward for this massive litigation.

In a February 10, 2021 order…

In a February 5, 2021 order, after months of delay, the U.S. Court of International Trade (CIT) is proceeding in the China Section 301 tariff refund litigation with the appointment of a three-judge panel consisting of Judge Mark A. Barnett, Judge Claire R. Kelly and Judge Jennifer Choe-Groves. This is the CIT’s first action…

The Office of the U.S. Trade Representative (USTR) has announced that it is extending until March 31, 2021, Section 301 tariff exclusions for imports of certain Chinese medical care products needed to address the COVID-19 pandemic. Effective January 1, 2021, Section 301 tariff exclusions have been extended for a variety of Chinese medical care products,…

On October 19, 2020, the Department of Justice (DOJ) filed a motion before the U.S. Court of International Trade (CIT) in the matter of HMTX Industries LLC, et al. v. United States of America, et al. asking that the CIT adopt case management procedures to administer not only this case but also the approximately 3,600…

The Office of the U.S. Trade Representative (USTR) has issued two Federal Register notices announcing the extension of a limited number of product exclusions from the Section 301 tariffs for imports from China appearing on List 1 (products from China with an annual trade value of $34 billion) and List 2 (products from China with…

The Office of the U.S. Trade Representative (USTR) has issued two Federal Register notices announcing the extension of numerous product exclusions from the Section 301 tariffs for imports from China appearing on List 1 (products from China with an annual trade value of $34 billion) and List 2 (products from China with an annual trade…