Akin Gump Silent on Strategies It Will Use in Section 301 Litigation

An Akin Gump spokesperson declined comment Tuesday on the strategies it will deploy in litigating an end to the Lists 3 and 4A Section 301 tariffs on Chinese imports. The complaint it filed in the U.S. Court of International Trade on behalf of HMTX Industries and Jasco Products alleges the Office of the U.S. Trade Representative overstepped its 1974 Trade Act authority in imposing the third and fourth rounds of tariffs and that it violated the Administrative Procedure Act by running sloppy and nontransparent rulemakings. The complaint seeks to have the rulemakings vacated and the tariffs refunded. Strong parallels exist between the complaint and List 3 comments Akin Gump helped CTA draft in 2018 (see 2010120002). The CIT should deny DOJ’s motion for case management procedures to navigate through the thousands of Section 301 complaints (see 2009240040), argued Snell & Wilmer in an opposition letter (in Pacer) Tuesday in docket 1:20-cv-00177. The firm represents online retailer Shop247.com (in Pacer) and residential electrical supplier L’Image Home Products (in Pacer) in complaints filed Sept. 18. DOJ served its motion only through Akin Gump and not through the 3,500 other lawyers, in violation of CIT rules, said the letter. DOJ requested an immediate stay of the cases other than HMTX-Jasco, but granting it would deprive all the other lawyers “of the opportunity to advocate on their clients’ behalves in any meaningful way,” it said. Snell & Wilmer agrees the "high volume" of cases challenging the Section 301 tariffs "likely requires the Court to implement case-management procedures," it said. But the CIT "should be provided an opportunity to hear the legal and factual arguments of every party asserting claims in these related matters," it said. DOJ didn’t respond to questions Wednesday.