ARP MATERIALS, INC. v. UNITED STATES

Slip Op. No. 21-73 Court No. 20-00144, Court No. 20-00147.

520 F.Supp.3d 1341 (2021)

ARP MATERIALS, INC., Plaintiff, v. UNITED STATES, Defendant. The Harrison Steel Castings Co., Plaintiff, v. United States, Defendant.

United States Court of International Trade.

June 11, 2021.


Attorney(s) appearing for the Case

Jamie L. Shookman , Trial Attorney, Commercial Litigation Branch, Jeffrey Bossert Clark , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and L. Misha Preheim , Civil Division, U.S. Department of Justice of New York, NY, on the briefs for Defendant. Of counsel on the briefs were Philip Butler , Associate General Counsel, Office of General Counsel, Office of the U.S. Trade Representative of Washington, DC, and Paula Smith , Assistant Chief Counsel, Edward Maurer , Deputy Assistant Chief Counsel, and Valerie Sorensen-Clark , Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection of New York, NY.

Christopher M. Kane , Daniel J. Gluck , and Mariana del Rio Kostenwein , Simon Gluck & Kane LLP of New York, NY, on the brief for Plaintiffs.


OPINION

In these cases, two importers invoke 28 U.S.C. § 1581(i)—a jurisdictional grant of last resort—seeking to compel refunds of retaliatory tariffs that the U.S. Trade Representative imposed on their goods from China and then later rescinded. The USTR...

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