Importer's Section 301 Suit 1st to Name Acting USTR as Defendant

Specialized Bicycle Components, a bicycle parts and accessories company, joined thousands of other importers inundating the U.S. Court of International Trade with litigation seeking to vacate the List 3 and 4A Section 301 rulemakings on Chinese tariffs and get the duties refunded. But with Robert Lighthizer’s departure as U.S. trade representative at the close of the Trump administration, Specialized Bicycle's complaint was the first we know of to name USTR Deputy General Counsel Maria Pagan as a defendant. Other actions filed after Jan. 20 continued naming Lighthizer or targeted his former agency without citing any officials. In Pagan’s capacity as acting USTR, “she oversees USTR’s decisions regarding List 3 and List 4,” said the Thursday lawsuit (in Pacer). The nomination of Katherine Tai, President Joe Biden’s pick to succeed Lighthizer as USTR, “is pending confirmation by the Senate, although the Senate Finance Committee has yet to announce a date for her confirmation hearing,” said the complaint. The bicycle importer stands to ultimately cash in well if plaintiffs prevail in the litigation and the court orders the refunds. Its complaint lists nearly five dozen categories of imports with List 3 tariff exposure and 11 on List 4A.