Trade Court Sets New Briefing Schedule in Section 301 Litigation

Lawyers for the Section 301 test-case plaintiffs HMTX Industries and Jasco Products have until Sept. 14 to file their response to the Aug. 1 remand results on the lists 3 and 4A tariffs from the Office of the U.S. Trade Representative, said an Aug. 15 scheduling order from the three-judge panel at the Court of International Trade. DOJ’s reply is due 44 days later, by Oct. 28, the order said. The two sides, in a joint status report, had agreed on the Sept. 14 date for the plaintiffs to respond to USTR’s remand results, but the government asked for 60 days to Nov. 14 to file its reply, while the plaintiffs asked for the government's reply within 30 days, by Oct. 14.

The court also granted the plaintiffs until Nov. 14 to respond to the government’s reply, rejecting DOJ's request to deny the plaintiffs the opportunity for a response. The court “will determine if oral argument is necessary” on USTR's remand results after briefing is complete, the order said. The plaintiffs had requested oral argument, and the government took no position on the request.