The U.S. Court of Appeals for the Federal Circuit on Jan. 8 heard oral argument in the massive Section 301 litigation, primarily probing the litigants' positions regarding how to interpret the term "modify" in the statute and whether the statute allows the U.S. trade representative to impose duties in response to retaliatory measures from China (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. Court of Appeals for the Federal Circuit scheduled oral argument for the massive litigation involving thousands of companies against the lists 3 and 4A Section 301 China tariffs. The argument will be held Jan. 8 at 10 a.m. EST in Courtroom 203 (HMTX Industries v. United States, Fed. Cir. # 23-1891).
If a reelected President Donald Trump uses the existing Section 301 tariffs program to hike tariffs on all Chinese goods by at least 60%, that's likely to survive a court challenge, said two law professors who spoke during a Washington International Trade Association webinar on the executive branch's ability to make deals and impose trade restrictions without congressional say-so.
The statutory basis for the U.S. trade representative's lists 3 and 4A tariffs -- Section 307 of the Trade Act of 1930 -- only allows for a "modification" of existing duties and not a "radical and unprecedented seven-fold escalation launching an unbounded trade war with China," appellants in the massive lawsuit challenging the Section 301 tariffs on China told the U.S. Court of Appeals for the Federal Circuit on Feb. 12 (HMTX Industries v. United States, Fed. Cir. # 23-1891).
Plaintiffs in the massive ongoing Section 301 litigation "ignore" the president's role in imposing the China tariffs, the U.S. said last week, arguing that the thousands of companies leading the case would have the court impose an improper standard of review (HMTX Industries v. United States, Fed. Cir. # 23-1891).
A group of retail trade groups, led by the American Apparel and Footwear Association, said that the Office of the U.S. Trade Representative failed to adequately respond to comments when imposing its lists 3 and 4A Section 301 tariffs on China. Submitting an amicus brief at the U.S. Court of Appeals for the Federal Circuit in the massive case against the duties, the retail representatives argued that USTR illegally relied on the president's discretion as a response to the comments, violating the Administrative Procedure Act (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).
The Office of the U.S. Trade Representative's defense of its decisions to impose lists 3 and 4A Section 301 tariffs "makes a mockery of a detailed law in which Congress circumscribed what USTR may do and on what basis," four administrative and trade law professors said in an amicus brief. Filing at the U.S. Court of Appeals for the Federal Circuit July 24, the professors said USTR did not have the statutory authority to impose the retaliatory duties on $320 billion worth of Chinese goods because the statute did not allow retaliation to serve as the basis for the duties, nor did it allow the drastically larger price tag (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).
The Office of the U.S. Trade Representative exceeded its authority in imposing the lists 3 and 4A Section 301 tariffs on China, covering a total of $320 billion worth of Chinese imports, plaintiff-appellants in the massive case against the duties, led by HTMX Industries and Jasco Products Co., argued in their opening brief at the U.S. Court of Appeals for the Federal Circuit. Appealing the Court of International Trade's decision upholding the tariffs (see 2204010061), the companies said USTR did not have the authority to set the duties since the authority was not directly delegated by Congress, in violation of the "major questions doctrine" (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The following lawsuits were recently filed at the Court of International Trade:
Importers in the massive litigation over President Donald Trump's Section 301 action on China will appeal Court of International Trade rulings upholding the tariffs. Pratik Shah, counsel for lead plaintiffs HMTX Industries and Jasco Products, said he believes the importers' arguments are strong.