CIT Grants Preliminary Injunction in CIT Lawsuit Challenging Legality of List 3 and 4 TariffsCIT Grants Preliminary Injunction in CIT Lawsuit Challenging Legality of List 3 and 4 Tariffs
- July 6, 2021
Today, the U.S. Court of International Trade (CIT) announced that it will halt the liquidation of unliquidated entries subject to Section 301 tariffs in wake of the thousands of plaintiffs who filed lawsuits targeting the legality of List 3 and List 4 tariffs on Chinese goods.
In its preliminary injunction, a majority of judges on the CIT panel said that in order “to give the parties time to implement appropriate procedures, gather pertinent information, and otherwise take necessary action to comply with this order, the court will temporarily restrain liquidation of any unliquidated entries of merchandise imported from China by any plaintiffs in the Section 301 Cases which are subject to List 3 or List 4A duties.”
The lawsuit, originally filed in September 2020, alleged that List 3 and List 4 tariffs were imposed untimely and were created to retaliate against Chinese tariff measures, rather than to remedy China’s unfair trade practices or intellectual property policies. It also claimed that the U.S. Trade Representative (USTR) failed to comply with the Administrative Procedures Act (APA) when imposing the duty, making the acts invalid.
If you have any questions related to List 3 and 4A tariffs, please contact [email protected].
Shapiro will continue to monitor the situation and provide updates as they become available.