In re China Section 301 Litigation

Case: In re China Section 301 Litigation 

Court: U.S. Court of Appeals for the Federal Circuit 

Date: July 24, 2023 

Issue on Appeal: Whether the United States Trade Representative properly enacted Lists 3 and 4A China Section 301 tariffs.  

RLC’s Position: The Administrative Procedures Act (APA) and Trade Act of 1974 require the United States Trade Representative (USTR) to acknowledge stakeholders’ objections to proposed tariffs and to explain why it proceeded with those tariffs despite the objections. The USTR failed to do so and the Court should remand with instructions to vacate Lists 3 and 4A China Section 301 tariffs. 

Other Amici: American Apparel & Footwear Association; The Consumer Technology Association, The Footwear Distributors and Retailers of America, The Juvenile Products Manufacturers Association, and the National Retail Federation 

Counsel: Joseph Palmore and Joel Wacks of Morrison & Foerester, LLP