On September 26, 2024, Texas-based syringe importer Retractable Technologies, Inc. ("Retractable") filed a complaint before the United States Court of International Trade contesting the Office of the United States Trade Representative's (USTR) 100 percent tariff rate on imported needles and syringes from China. The tariff increase became effective on September 27, 2024. In conjunction with the complaint, Retractable Technologies, Inc., also filed a motion for a temporary restraining order requesting the court suspend application of the tariff increase while the litigation is pending.
This action comes after USTR recently announced higher duties for needles and syringes from the previously proposed 50 percent to 100 percent as part its statutory four-year review of tariffs imposed on imported Chinese goods under Section 301 of the Trade Act of 1974.
Retractable's complaint claims that USTR's tariff increase on needles and syringes violated the Trade Act of 1974 and the Administrative Procedure Act. Further, the complaint claimed that the USTR failed to give Retractable fair notice and an opportunity to be heard prior to the imposition of the tariff.
Retractable specifically argues that needles and syringes were not included on the list of products that were subject to the four-year review notice and comment period, and therefore Retractable did not submit comments. Instead, Retractable Technologies, Inc. alleges that these tariffs were improperly "back-doored" as Section 301 tariffs through an unrelated USTR notice on supply chain resilience.
This case presents similar questions to that which arose before the CIT in HMTX Industries LLC v. US, which challenges original imposition of Section 301 tariffs. While this action arises from the actions of a different Presidential administration, the Court of Appeals' ultimate decision in HMTX Industries LLC v. US case will likely guide how the CIT will decide this matter.
We expect the court to prioritize Retractable's temporary restraining order and a decision will likely be issued in the near future.
Crowell & Moring, LLP continues to monitor developments in the customs and trade remedies space and their potential impact on businesses and customers going forward. For more information on USTR's final decisions on Section 301 tariffs, read our previous post here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
