In response to importer Mitsubishi Power Americas’ motion for judgment, the U.S. filed a cross-motion for judgment saying the importers’ products are filters and don’t fall under the “basket provision” for other catalytic reactors (Mitsubishi Power Americas v. U.S., CIT #21-00573).
U.S. Trade Representative (USTR)
The U.S. cabinet level position that oversees trade negotiations with other countries. USTR is part of the Executive Office of the President. It also administers Section 301 tariffs.
The U.S. defended its motion to dismiss importer Retractable Technologies' suit against the Office of the U.S. Trade Representative's 100% Section 301 duty hike on needles and syringes, claiming that the Court of International Trade either doesn't have jurisdiction to hear Retractable's claims or that the company failed to state a claim on which relief can be granted (Retractable Technologies v. United States, CIT # 24-00185).
The U.S. on Oct. 15 urged the Court of International Trade to dismiss a suit from importer Retractable Technologies challenging the recent 100% increase of Section 301 tariffs on needles and syringes from China. The government said the trade court lacks jurisdiction to "second-guess the President's findings" and discretion in telling the U.S. trade representative to modify the Section 301 action and that the company failed to state a claim on which relief could be provided (Retractable Technologies v. United States, CIT # 24-00185).
Plaintiffs in the massive ongoing Section 301 litigation "ignore" the president's role in imposing the China tariffs, the U.S. said last week, arguing that the thousands of companies leading the case would have the court impose an improper standard of review (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. on Dec. 20 added an attorney to the massive Section 301 litigation currently before the U.S. Court of Appeals for the Federal Circuit. The government added Megan Grimball, assistant general counsel in the Office of the U.S. Trade Representative, bringing the number of government attorneys involved in the suit to nine. Grimball has worked at USTR since 2018 and, before that, as an attorney-adviser at the State Department.
A USMCA dispute settlement panel ruled in Canada’s favor in a much-awaited second decision on Canada’s dairy tariff rate quotas, according to a report released by the panel on Nov. 24.
The U.S. added two attorneys to its litigation team in the massive Section 301 case at the U.S. Court of Appeals for the Federal Circuit. Filing an amended notice of appearance on Nov. 20, the government tacked on Melissa Patterson and Joshua Koppel -- two attorneys in DOJ's Civil Appellate Division -- to the appellee team for the U.S. (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. Court of Appeals for the Federal Circuit in an Oct. 20 order granted the U.S. request for 55 more days to file its reply brief in the massive Section 301 litigation, despite an objection from the plaintiff-appellants, led by HMTX Industries. The government's reply brief is now due Dec. 21 following the extension, which was the second of its kind following a 60-day extension (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. asked for 55 more days to file its reply brief in the massive Section 301 litigation at the U.S. Court of Appeals for the Federal Circuit, which would make the brief due on Dec. 21. The extension request is the second of its kind from the government, after it received a 60-day extension from the court (see 2308140026). Counsel for the plaintiff-appellants, Pratik Shah and Matthew Nicely of Akin Gump, opposed the extension "absent some medical, family, or similar intervening justification," arguing that thousands of companies are still paying the large Section 301 duties. The plaintiff-appellants consented to the first extension (HMTX Industries v. U.S., Fed. Cir. # 23-1891).
U.S. Trade Representative Katherine Tai laid out her priorities for reforming the World Trade Organization, providing concrete options that the U.S. and other WTO members can take to reinvigorate the international trade forum. In a Sept. 22 speech at the Center for Strategic and International Studies, Tai said that the biggest tenets of WTO reform revolve around "improving transparency," rebuilding the body's ability to negotiate new rules for new challenges and dispute settlement reform.