The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
Amazon threw its hefty weight into the Section 301 litigation inundating the Court of International Trade, alleging in a complaint that the lists 3 and 4A tariffs are unlawful under the 1974 Trade Act, violate Administrative Procedure Act rules against sloppy rulemakings, and are unconstitutional because only Congress, not the executive branch, has the power to levy taxes. Amazon reported 2020 revenue of $386.1 billion and is believed now to be the second-largest Section 301 plaintiff by revenue behind Walmart, which sued the government March 8. Walmart reported $559.2 billion in revenue for the fiscal year ended Jan. 31. Both companies are the relatively few among the roughly 6,500 importer plaintiffs to challenge the tariffs on constitutionality grounds. Crowell & Moring is representing Amazon. Walmart’s attorneys are from Hogan Lovells. Both law firms have representatives that sit on the 15-member plaintiffs’ steering committee formed in late March to help manage the massive litigation.
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The Trump administration’s “radical escalation” of Section 301 tariffs on lists 3 and 4A Chinese goods “transgressed the statutory limits carefully delineated by Congress” when it crafted the 1974 Trade Act and delegated foreign-trade powers to the executive branch, Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products said. This came in a cross-motion for judgment on the agency record filed the evening of Aug. 2 at the Court of International Trade in docket 1:21-cv-52. Akin Gump’s proposed order asks that the lists 3 and 4A tariffs be vacated, that any duties paid be refunded with interest and that the government be “permanently enjoined” from imposing the tariffs again.
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade postponed for two weeks an Aug. 6 deadline for CBP to create the repository through which Section 301 importers can seek to freeze liquidations of customs entries from China with lists 3 and 4A tariff exposure under the court's July 6 preliminary injunction (PI) order. Judge Claire Kelly told a status conference Aug. 2 that the court also is postponing for two weeks the Aug. 6 deadline for plaintiffs and the government to propose modifications to the PI order.
Importers seeking suspended liquidations of customs entries from China with Section 301 lists 3 and 4A tariff exposure under the July 6 preliminary injunction (PI) order of the Court of International Trade would need to file their requests in a “repository” to be set up in CBP's ACE database and back them up with emails to their appropriate CBP Center of Excellence and Expertise (CEE), say draft DOJ instructions filed with the court Friday in docket 1:21-cv-52. “We have conferred with plaintiffs and understand that they will respond separately with their responses to these draft instructions,” DOJ attorneys said. Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products didn’t immediately comment. Lawyers on the plaintiffs' steering committee may repeat many of the same objections they raised at a July 23 status conference that the government, in complying with the PI order to suspend liquidations, is putting too much onus on importers for CBP's processing of their liquidation-suspension requests.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York: