“Initially the CIT correctly ruled that USTR failed to meet its statutory and fundamental duties under the Administrative Procedure Act (APA) when they raced forward to impose these tariffs without responding to a single comment from American consumers and business. The CIT erred when it failed to vacate the illegally imposed tariffs and instead gave USTR a second chance to meet its legal obligations. On remand once again the agency failed to meet the core requirements of the APA. Instead of addressing the magnitude of legitimate concerns raised over imposition of tariffs on virtually all imports from China, USTR switched gears and basically argued the President made us do it. Shockingly, the CIT accepted this novel excuse.
“Pressure from a President doesn’t dissolve an agency from all other statutory obligations. As CIT explained in its first order, the President’s discretion is just one factor the agency is required to consider. It is not preponderant or the controlling authority over an agency’s decision-making obligations outlined in the APA.
“The APA demands that USTR justify the imposition of list 3 & 4A tariffs. The agency has been given multiple chances to do so and they continue to ignore all comments, concerns, and alternative options. This blatant disregard for the law cannot continue to go unchecked. It’s beyond time to impose the normal remedy for unlawful agency action and vacate the tariffs which are taxing American consumers and businesses, contributing to persistent inflation and burdening our supply chains. We urge the US Court of Appeals for the Federal Circuit to reverse judgement and finally vacate the list 3 and list 4A tariffs.”
The Retail Litigation Center (RLC), the National Retail Federation, the American Apparel & Footwear Association, the Consumer Technology Association, the Footwear Distributors and Retailers of America, and the Juvenile Products Manufacturers Association filed an amicus brief in support of the challenge to List 3 and List 4A China Section 301 tariffs. The brief was prepared by Joseph Palmore and Joel Wacks of Morrison & Foerster, LLP.
Media Contact: Melissa Murdock, 202-381-0627 or email@example.com
Legal Affairs & Compliance
Retail Litigation Center
China Trade Tariffs