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US Adds 2 DOJ Attorneys in Massive Section 301 Case at CAFC

The U.S. added two attorneys to its litigation team in the massive Section 301 case at the U.S. Court of Appeals for the Federal Circuit. Filing an amended notice of appearance on Nov. 20, the government tacked on Melissa Patterson and Joshua Koppel -- two attorneys in DOJ's Civil Appellate Division -- to the appellee team for the U.S. (HMTX Industries v. United States, Fed. Cir. # 23-1891).

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Most recently in the case, the Federal Circuit gave the government more time to file its reply brief (see 2310230036). The arguments from the U.S. are now due on Dec. 21, after the government told the court its review was taking longer than expected.

In their opening brief, appellants led by HMTX Industries made a host of arguments against the imposition of the lists 3 and 4A Section 301 tariffs (see 2307180069). That included arguments the Office of the U.S. Trade Representative didn't have the authority to set the duties since it was not directly delegated by Congress, in violation of the "major questions doctrine," that the statute doesn't allow for duties to be set that are responding to retaliatory duties, and that USTR didn't adequately respond to comments on the tariffs. The Court of International Trade upheld the USTR's imposition of the tariffs.