Section 301 Injunction Threat Awaits Outcome of April 26 Status Conference

The three-judge panel in the Section 301 litigation before the U.S. Court of International Trade scheduled an April 26 status conference for 9:30 a.m. EDT, said an order signed Thursday. The conference is an apparent try to hammer out a compromise between plaintiffs and defendants over the disputed refund relief issue for importers seeking to have the Lists 3 and 4A tariffs vacated. Broad disagreement separates the HMTX-Jasco plaintiffs in the sample case from the government over whether importers who prevail on the merits of the massive litigation would be entitled to tariff refunds on customs entries whose liquidations are final, according to a joint status report filed April 12 with the court (see 2104130025). The impasse had HMTX-Jasco attorneys from Akin Gump warning they would move April 22 for a declaratory judgment that the court has the authority to order refunds of liquidated entries if the plaintiffs win. They alternatively threatened to seek a court injunction to suspend liquidations on all goods from China with Lists 3 and 4A tariff exposure until the litigation is resolved. Scheduling the status conference for four days after the Akin Gump deadline suggests those motions are now on hold, pending the outcome of the conference. Akin Gump and DOJ didn’t comment Friday.