Section 301 Briefing Schedule to End Nov. 15, Orders 3-Judge Panel

The briefing schedule in the massive Section 301 litigation inundating the U.S. Court of International Trade will end Nov. 15, said an order (in Pacer) signed Tuesday by the three-judge panel of Mark Barnett, Claire Kelly and Jennifer Choe-Groves. It was a small victory for Akin Gump lawyers representing sample case plaintiffs HMTX Industries and Jasco Products, who asked in their joint status report Monday for that deadline (see 2104130025). DOJ wanted a Dec. 23 deadline, saying it feared attorneys in the 3,700 stayed cases would file a large volume of amicus briefs that the government would need time to respond to. “The court does not anticipate extending these deadlines absent extraordinary circumstances, which may include an exceptionally large number of amicus briefs presenting distinct arguments,” said Tuesday’s order. The court will contact Akin Gump and DOJ about scheduling a status conference to discuss their disagreements over refunding importers for liquidated customs entries if they win the litigation. Akin Gump warned Monday it would seek declaratory judgment April 22 that the court has the authority to order refunds or would move for an injunction suspending liquidations until the litigation is resolved. All the complaints filed since September allege the List 3 and 4A tariffs on Chinese goods are unlawful because they violate the 1974 Trade Act and 1946 Administrative Procedure Act. The first date on the briefing schedule is for DOJ’s April 30 filing of an administrative record index in the case. That’s a summary of documents and materials in the government’s possession that helped inform its List 3 and 4A tariff decisions. Amicus briefs from the lawyers in the stayed cases are due Aug. 9, and DOJ’s responses are due Oct. 1.