CIT Denies TRO, PI Bids on Collection of Section 301 Tariffs in Suit on Rate Hike

The Court of International Trade on Oct. 28 denied importer Retractable Technologies' motion for a temporary restraining order and preliminary injunction against the collection of certain Section 301 tariffs, though the court granted the company's motion for a preliminary injunction enjoining liquidation of its entries during the course of litigation. Judge Claire Kelly issued the confidential decision, giving the parties until Nov. 1 to review any confidential information in the opinion (Retractable Technologies v. U.S., CIT # 24-00185).

Retractable filed the suit last month seeking the PI and TRO against the 100% Section 301 rate hike on needles and syringes, which came as part of a supply chain resilience inquiry conducted by USTR (see 2409270025). The importer said the move exceeded the government's Section 301 modification authority because it wasn't based on "any section 301 inquiry" as required.

The government moved to dismiss the case, arguing that CIT doesn't have jurisdiction to review the president's exercise of discretion to tell the USTR to add tariffs on needles and syringes (see 2410160053). The U.S. added that the trade court doesn't have jurisdiction to review the challenge to USTR's recommendation to the president regarding what Section 301 tariff modifications to make.