Oral Argument Sought on Injunction to Freeze Liquidations

Akin Gump lawyers for the Section 301 sample case plaintiffs, HMTX Industries and Jasco Products, asked the U.S. Court of International Trade to hear oral argument on the preliminary injunction they seek to freeze the liquidation of unliquidated customs entries from China with Lists 3 and 4A tariff exposure. “This unprecedented litigation concerns billions of dollars, over 3,800 separate lawsuits, and an even larger number of individual plaintiffs,” said Friday's motion (in Pacer). They filed for the injunction April 23 after the government refused to stipulate plaintiffs will be entitled to refunds of liquidated entries if they win the litigation and the court declares the tariffs unlawful (see 2104250002). DOJ opposes the injunction and stands by its refusal of the stipulation due to the “uncertainty” of the case law on refund relief (see 2105160001).