Retailers Urge Court to Vacate Tariffs in Ongoing Litigation
- By [ Kathleen McGuigan , Blake Harden ]
The RLC, along with six other associations, released a joint statement emphasizing USTR’s inability to comply with the Administrative Procedure Act.
“The Court bent over backwards to allow USTR to comply with its Administrative Procedure Act obligations. The agency has shown itself incapable of meeting its legal responsibilities – an unsurprising failure since nothing could justify the unprecedented tariffs USTR imposed. Nonetheless, the agency’s inability to provide a bona fide rationale must be met with the appropriate legal action,” the statement said.
“The time has come for the Court of International Trade to impose the normal remedy for unlawful agency action and vacate the tariffs that are taxing American consumers, contributing to the exorbitant rise in inflation and burdening our supply chains. All illegally collected List 3 and List 4 tariff duties should be returned. The Administrative Procedure Act demands it. American businesses and consumers should no longer be forced to pay higher prices on products because of tariffs that USTR cannot reasonably justify.”
The importance of standing up for retail and consumer views on this issue is reflected in the strength of the press coverage surrounding this brief:
- Inside U.S. Trade: Importers say USTR’s ‘failure’ to justify 301 tariffs should lead to removal
- Politico’s Morning Trade: Law Firm Says USTR ‘Flunks’ 301 Tariff Defense
- Law 360: Importers Lambast USTR’s ‘Immaterial’ China Tariff Remand
Legal Affairs & Compliance
Retail Litigation Center