On April 11, 2023, the U.S. Court of International Trade (CIT) three-judge panel assigned to the Section 301 cases held a hearing with members of the Plaintiffs’ Steering Committee and the U.S. Department of Justice.  The purpose of the hearing was to discuss the status of the cases that were stayed pending the resolution of the sample case (HMDX, et al. v. United States, et al.) in light of the CIT’s decision of March 17, 2023, in favor of the government.  Previously, the CIT had ordered that all other 301 cases would be stayed pending the resolution of the lead case.

There was consensus among the court and the parties that nearly all of the other cases should remain stayed pending the appeal that is going to be taken by the lead plaintiffs.  The appeal will be filed by May 16, 2023.  The only remaining question related to the very small handful of cases that raised claims that are distinct from the challenges to List 3 and List 4A brought by the lead plaintiffs.  The CIT is considering whether to lift the stay for that very small number of cases.

The CIT may be issuing an order that would clarify this issue and we will continue to keep you updated on developments in this case.  GDLSK is an active member of Plaintiffs’ Steering Committee and appeared at the hearing.  The Steering Committee will also be involved with developing the arguments to be presented in the appeal.  Should you have any questions, please contact one of our attorneys.