DOJ Files Draft Instructions for Section 301 Importer 'Repository'

Importers seeking suspended liquidations of customs entries from China with Section 301 lists 3 and 4A tariff exposure under the July 6 preliminary injunction (PI) order of the Court of International Trade would need to file their requests in a “repository” to be set up in CBP's ACE database and back them up with emails to their appropriate CBP Center of Excellence and Expertise (CEE), say draft DOJ instructions filed with the court Friday in docket 1:21-cv-52. “We have conferred with plaintiffs and understand that they will respond separately with their responses to these draft instructions,” DOJ attorneys said. Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products didn’t immediately comment. Lawyers on the plaintiffs' steering committee may repeat many of the same objections they raised at a July 23 status conference that the government, in complying with the PI order to suspend liquidations, is putting too much onus on importers for CBP's processing of their liquidation-suspension requests.

The instructions would establish 11 CEE “mailboxes” for importers to email their requests, each for a specific product sector with lists 3 and 4A tariff exposure. Importers would be required to attach Excel spreadsheets to their emails listing seven “columns” of information the government says CBP requires to process suspension requests. Plaintiffs’ steering committee lawyers countered at the status conference that much of the information CBP seeks from importers already resides in the ACE system. The court requires the government to have the repository up and running by Aug. 6. It scheduled another status conference for Monday at 2 p.m.