Section 301 Briefing Schedule to End Nov. 15, 3-Judge Panel Orders
The briefing schedule in the massive Section 301 litigation inundating the U.S. Court of International Trade will end Nov. 15, said an order signed April 13 by the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. It was a small victory for Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products, which had asked in their joint status report April 12 for the Nov. 15 deadline (see 2104130036). The Department of Justice wanted a Dec. 23 deadline, saying it feared attorneys in the 3,700 stayed cases would file a large volume of amicus briefs that the government would need time to respond to.
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“The court does not anticipate extending these deadlines absent extraordinary circumstances, which may include an exceptionally large number of amicus briefs presenting distinct arguments,” the order said. The court will contact Akin Gump and DOJ about scheduling a status conference to discuss their disagreements over refunding importers for liquidated customs entries if they win the litigation. Akin Gump warned it would seek declaratory judgment April 22 that the court has the authority to order refunds, or would move for an injunction suspending liquidations until the litigation is resolved. All the complaints filed since September allege the lists 3 and 4A tariffs on Chinese goods are unlawful because they violate the 1974 Trade Act and 1946 Administrative Procedure Act.
The first date on the briefing schedule is for DOJ’s April 30 filing of an administrative record index in the case. That’s a summary of documents and materials in the government’s possession that helped inform its lists 3 and 4A tariff decisions. Amicus briefs from the lawyers in the stayed cases are due Aug. 9, and DOJ’s responses are due Oct. 1.
Email ITTNews@warren-news.com for a copy of the order.