GDLSK: Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
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CIT Issues Procedural Order in Section 301 Litigation

On February 10, 2021, the three-judge panel recently assigned to hear the litigation brought before the U.S. Court of International Trade (CIT) challenging the imposition of List 3 and List 4A Section 301 additional duties on goods from China issued its first procedural order. The order provides that a master case number has been created to address all issues that are common to the nearly 4,000 individual cases that have been filed in this matter to date. This procedure is intended to streamline the litigation by avoiding the need for separate filings in each of the individual cases.

Additionally, the order requires the U.S. Department of Justice (DOJ) to file a generic master answer to the typical allegations that have been raised in the individual complaints that have been filed. According to the order, DOJ’s answer must be filed by March 12, 2021.

We anticipate additional procedural orders from the three-judge panel. GDLSK has entered an appearance in the master case and we are in regular contact with counsel for the lead plaintiffs. Should you have questions regarding these developments or questions about how this case may impact your business, please contact one of our attorneys.


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