Retractable Drops Suit on 100% Section 301 Tariff Hike on Needles, Syringes
Importer Retractable Technologies on Jan. 7 dropped its lawsuit at the Court of International Trade against the Office of the U.S. Trade Representative's 100% Section 301 duty hike on needles and syringes. The company voluntarily dismissed the action without prejudice and declined to comment on the decision (Retractable Technologies v. United States, CIT # 24-00185).
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The importer challenged the tariff increase as a violation of the Trade Act of 1974 and the Administrative Procedure Act (see 2409270025). Retractable unsuccessfully sought a temporary restraining order on the collection of Section 301 duties on its needles and syringes at the trade court, after Judge Claire Kelly found that the company failed to show that it would suffer irreparable harm without the TRO.
However, Kelly held that the issues raised by Retractable are "serious and substantial enough" to satisfy this requirement (see 2411050032). The importer said USTR failed to properly conduct a notice-and-comment period before raising the duties on needles and syringes and failed to engage in reasoned decision-making, since comments USTR received during the supply chain inquiry from Retractable's competitors improperly influenced the rate hike.