On April 1, 2022, the three-judge panel at the U.S. Court of International Trade (CIT) issued its opinion in the China Section 301 tariff refund litigation regarding the government defendants’ motion to dismiss and the plaintiffs’ cross-motion for judgment on the record. The CIT found that: (1) the Office of the U.S. Trade Representative (USTR)
Section 301 Investigation - China
USTR Reinstates Certain Expired China Section 301 Product Exclusions
On March 23, 2022, the Office of the U.S. Trade Representative (USTR) announced that it was reinstating certain previously granted and extended product exclusions in the China Section 301 investigation. Per the Federal Register notice, USTR has reinstated 352 of the 549 eligible exclusions identified in the October 8, 2021 USTR Federal Register notice…
CIT Holds Oral Argument in China Section 301 Tariff Refund Litigation
On February 1, 2022, a three-judge panel at the U.S. Court of International Trade (CIT) held oral argument in the China Section 301 tariff refund litigation to consider the government defendants’ motion to dismiss and the plaintiffs’ cross motion for judgment on the record. Arguments by both parties focused on three main issues: (1) justiciability;…
USTR Announces Further Extension of Certain Section 301 Product Exclusions for COVID-19 Response Purposes
The Office of the U.S. Trade Representative (USTR) has announced that it will again extend Section 301 product exclusions for imports from China of medical care products needed to address the COVID-19 pandemic. The 99 exclusions were published on December 29, 2020, and were scheduled to expire on November 14, 2021. See past Updates…
USTR Seeks Public Comment on Reinstatement of Certain Exclusions for Imports Subject to Section 301 China Tariffs
On October 5, 2021, the Office of the U.S. Trade Representative (USTR) announced that it is seeking public comments on whether to reinstate previously extended product exclusions for certain imports from China subject to Section 301 tariffs. Of the more than 2,200 product exclusions that were granted by USTR during the administration of President Donald…
USTR Katherine Tai Explains the Biden Administration’s “New Approach to the U.S.-China Trade Relationship”
In an October 4, 2021 speech, U.S. Trade Representative (USTR) Katherine Tai offered several broad insights into President Joseph Biden’s approach to the U.S.-China trade relationship. Noting that this relationship is complex, competitive and “one of profound consequence,” she stated that “[f]or too long, China’s lack of adherence to global trading norms has undercut the…
USTR Again Extends Section 301 Product Exclusions for Certain Medical Imports from China Necessary for COVID-19 Response
On September 27, 2021, the Office of the U.S. Trade Representative (USTR) announced that it was again continuing exclusions from Section 301 duties for certain medical care imports from China needed to address the COVID-19 pandemic. These exclusions were set to expire on September 30, 2021 (see Update of March 8, 2021), but…
CIT Eliminates Repository Requirement for List 3 and List 4A Entries in China Section 301 Tariff Refund Litigation
On September 8, 2021, the Court of International Trade (CIT) issued an order that revised its July 6, 2021 order granting the plaintiff group’s motion for a preliminary injunction in the ongoing China Section 301 tariff refund litigation. That preliminary injunction suspended liquidation of unliquidated entries from China subject to List 3 and List 4A…
USTR Seeking Comments on Continuing Section 301 Tariff Exclusions for Certain Medical Imports from China Necessary for COVID-19 Response
The Office of the U.S. Trade Representative (USTR) is seeking public comments on whether to continue exclusions from Section 301 duties for certain medical care imports from China needed to address the COVID-19 pandemic. These exclusions are set to expire on September 30, 2021 (see Update of March 8, 2021). The USTR notice…
CIT Further Adjusts Deadlines in Section 301 Tariff Refund Litigation
On August 16, 2021, the U.S. Court of International Trade (CIT) once again issued an order revising certain deadlines originally established in its July 6 decision and order granting the plaintiff group’s motion for a preliminary injunction in the ongoing Section 301 tariff refund litigation involving imports of certain Chinese products. The preliminary injunction suspended…