On April 1, the Court of International Trade dealt a non-fatal blow to the Section 301 litigation challenging Lists 3 and 4A of the Section 301 China tariffs, finding that the U.S. Trade Representative (“USTR”) had the authority to impose the List 3 and 4A 301 tariffs, as a legitimate response to retaliatory tariffs from China for the imposition of the original List 1 and 2 Section 301 tariffs.
Specifically, the Court remanded the case back to the USTR for further consideration of the previously ignored comments after holding that the USTR failed to adequately respond to comments submitted in advance of the tariffs. Based on our reading of the case, the Court remains open to the possibility of striking down the tariffs based on the result of the remand, though, it does not seem highly likely.
A three-judge panel at the court ruled that the tariffs may remain in place while the agency considers the comments. The USTR now has until June 30 to comply with holding and otherwise respond to the previously ignored comments. At this time no action is required by you, and we expect to hear back from the USTR in the next month.
If you have any questions regarding the Section 301 litigation, please contact Cameron Roberts and Jay Acayan at ROBERTS & KEHAGIARAS LLP
Long Beach Houston
Cameron Roberts Jay Acayan
cwr@tradeandcargo.com jaa@tradeandcargo.com
100 West Broadway Suite 660 2950 N. Loop West Suite 500
Long Beach, CA 90802 Houston, TX 77092
(310) 642-9800 (281) 201-0667
