DOJ seeks plaintiff-only relief in Section 301 forced-labor tariff case
Check which entries a tariff ruling would reach, which MAS products have supported origin records, and which Canadian inputs meet remission conditions. Keep the expired Section 122 surcharge in the past-collections review.
Today's four analyses address distinct decisions: who could receive tariff relief, which Canadian-origin products need procurement review, when production inputs qualify for remission, and what an appeal means for past Section 122 collections.
DOJ wants relief from the Section 301 forced-labor tariffs limited to the plaintiffs and argues that vacatur should satisfy injunction requirements. The Supreme Court's CASA decision left the APA vacatur question unresolved. DOJ's requested limits are not a court ruling. Importers outside the sample case should not assume that a plaintiff victory would extend relief to their entries. Counsel should distinguish cancellation of USTR's action from plaintiff-specific refunds and track the proof the court requires. The plaintiffs' reply is due September 18.
Read the full analysis: .