US Asks CIT to Amend PI in Suit on Section 301 Rate Hike on Needles, Syringes

The U.S. asked the Court of International Trade to amend the preliminary injunction in a suit challenging certain Section 301 action on needles and syringes to reflect the government's stipulation that they will refund any Section 301 duties found to have been unlawfully collected on importer Retractable Technologies' entries. Retractable consented to the move (Retractable Technologies v. United States, CIT # 24-00185).

The suit alleges the Office of the U.S. Trade Representative didn't follow the requirements of the Administrative Procedure Act and the Trade Act of 1974 when it set 100% Section 301 tariffs on needles and syringes (see 2409270025). Earlier this month, the trade court rejected Retractable's bids for a temporary restraining order and preliminary injunction stopping the collection of Section 301 duties on its needles and syringes, though the court preliminary enjoined the liquidation of the subject goods (see 2411050032).

The government in its motion noted that the court "left open an option for defendants to stipulate to reliquidate or refund section 301 duties for entries for which Retractable requested suspension of liquidation." The U.S. now moves for that exact stipulation, arguing that the "interests of justice" support the move.

The motion said the move is in line with the action the court took in the massive Section 301 litigation and also "ensures that Retractable may obtain judicial relief in the event the section 301 duties are found to be unlawful in a final and unappealable decision, while at the same time adopting a more streamlined and administrable procedure."