GDLSK: Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP

CIT Issues Second Procedural Order in Section 301 Litigation

On February 16, 2021, the three-judge panel 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 a second procedural order. Included in the court’s order are the following:

• The court has instructed the parties to identify a set of sample cases designed to be representative of the claims that have been made by the various plaintiffs. This sample will then be subject to consolidated briefing. Cases that are not part of the sample will be stayed pending the outcome of the consolidated proceedings. The parties are to confer and submit a proposed sample of cases by March 19, 2021.

• The court will be designating a formal plaintiffs’ steering committee. The purpose of this committee will be to work with the court on case management issues and to present consolidated briefs and submissions to the court. GDLSK has been active in the informal plaintiffs’ steering committee that has been operating since these cases were first filed in September 2020. Plaintiffs are to submit a proposed list of steering committee members to the court by March 19, 2021.

• Following the designations of the sample cases and the plaintiffs’ steering committee, the court will be issuing a briefing schedule for the sample cases. The order indicates that the court anticipates that the parties will be making cross-motions for summary judgment that will encompass the claims and defenses of the parties. Plaintiffs with the cases that are not part of the sample will have the opportunity to seek to participate in briefing as amicus curiae.

Should you have questions regarding these developments, please contact one of our attorneys.


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