HTMX Industries, LLC et al. v. United States, et al.

Date: March 26, 2026

RLC’s Position: The RLC’s brief supports a challenge the United States Trade Representative’s (USTR) broad authority to “modify” tariffs under Section 307 of the Trade Act without the procedural safeguards required for a Section 301 investigation. Under current precedent, USTR can dramatically increase tariffs with limited process—effectively bypassing Congress’s onerous procedural requirements under Section 301 (as they did with the List 3 and 4a China tariffs in 2018).   Given the recent decision to overturn the President’s authority to issue tariffs under IEEPA, clarity around Section 301 tariffs—and their scope—is increasingly critical.

Counsel: Joe Palmore and Alison Hung of Morrison & Foerster drafted the brief.