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6.22.2022 China 301 Litigation Update

In its decision of April 1, 2022, in In Re Section 301 Cases, Court No. 21-00052, the U.S. Court of International Trade (CIT) ordered the United States Trade Representative (USTR) to provide the court with a report by June 30, 2022, that describes how the agency reached its decision to impose List 3 and List 4A additional tariffs. The court instructed USTR to include in its report a description of how it considered the comments from interested parties that it received prior to imposing the additional tariffs and to explain why certain provisions were included on the final versions of List 3 and List 4, while other provisions were removed from the final lists.

On June 17, 2022, the U.S. Department of Justice (DOJ) filed a motion requesting a 60-day extension of time to provide the court with USTR’s report. Plaintiff filed an opposition to DOJ’s motion.

On June 22, 2022, the CIT issued an order, granting USTR 30 additional days (to August 1, 2022) to file its report. In its order, the court reminded USTR that its report must be limited to a further explanation of the agency’s originally-stated justifications for imposing List 3 and List4A, as opposed to presenting new reasons for its decision.

The parties are to file a joint status report with the court within 14 days of the filing of the USTR report.

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