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US Asks for 60 More Days to File Reply in Section 301 Case at CAFC

The U.S. asked for another 60 days to file its reply brief in the massive Section 301 litigation at the U.S. Court of Appeals for the Federal Circuit. The government said the present suit is a test case for over 4,100 similar cases and an extension would allow DOJ more time to confer with all the federal agencies involved in the case (HMTX Industries v. U.S., Fed. Cir. # 23-1891).

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The government now wants an Oct. 27 deadline to file its reply instead of the initially set Aug. 28 date. In the motion to extend, the U.S. also cited the four amicus briefs it must also reply to and its heavy case load as reasons for seeking the extension. The appellants do not oppose the motion.

In their opening brief, the appellants made a host of arguments against the imposition of the lists 3 and 4A Section 301 tariffs (see 2307180069). The claims included arguments the U.S. trade representative did not have the authority to set the duties since it was not directly delegated by Congress in violation of the "major questions doctrine," the statute does not allow for duties to be set that are responding to retaliatory duties, and USTR did not adequately respond to comments on the tariffs.