🧵Another ICYMI 🚨- Yesterday, DOJ (for USTR) filed its master response to the ~3600 complaints (consolidated) re the #Section301 tariffs imposed as part of what is now seen as a #tradewar w/ #China. The gov lists its anticipated defenses. But 1st, let's review the claims ... /1
Per DOJ, #HMTX and thousands of others make the following claims: 1) promulgation of List 3 and List 4A [the Lists] violated the 1974 Trade Act; 2) the Gov violated the APA in promulgating them; 3) the Lists violated the Constitution; and, 4) the Lists violated the GATT /2
Here are DOJ/USTR's anticipated defenses, abbreviated slightly: 1) USTR was acting @ the direction of POTUS and POTUS not subject to APA; 2) Review of POTUS discretionary decision + USTR’s implementation of it presents a non-justiciable, political question; 3) Even if /3
considered decisions of USTR, substantial deference is afforded; 4) USTR has authority under Section 307 to do Lists 3+4A incl. bc burden was increasing and bc Section 307 does not limit modifications [cites documents that provide basis for the Lists]; 5) alternatively /4
if agency actions, they are exempt from APA's informal rulemaking requirements because they qualify for the foreign affairs exception; and finally, 6) even if APA informal rulemaking applies, USTR complied w/statute, actions not arb & capricious, contrary to law, etc. /5
For those who were tracking NB the consolidated CIT case is now found at In re: Section 301 Cases, 1:21-cv-00052. Happy Saturday reading to all #tradelaw #adminlaw #foreignrelationslaw & other friends. /end
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