Business Groups Urge Court to End 301 Tariffs

Argue USTR process flawed, violates Trade Act of 1974 & APA

The Court of International Trade will hear oral arguments on Tuesday, Feb.1 in a pivotal case challenging the legality of Section 301 tariffs in place on more than $300 billion worth of Chinese goods that are increasing the prices of everyday products and necessities purchased by American families.

The Retail Litigation Center (RLC), (which is the legal arm of the Retail Industry Leaders Association (RILA)), the National Retail Federation, the American Apparel & Footwear Association, the Consumer Technology Association, the Footwear Distributors and Retailers of America, the Juvenile Products Manufacturers Association and the Toy Association will participate in the oral arguments and be represented by Joe Palmore, a partner at Morrison Foerster.

The associations represent businesses that employ tens of millions of American workers and serve hundreds of millions of customers. The associations and their members attempted to participate in USTR’s flawed public comment process to voice concerns regarding the imposition of tariffs on List 3 and 4 products, but their comments, along with ALL comments, were entirely ignored by the U.S. Trade Representative (USTR).

“USTR completely ignored thoughtful input provided by retailers and their supply chain on the harm these unprecedented tariffs would cause. These tariffs have undoubtedly contributed to the steady rise of inflation that consumers are experiencing today,” said Kathleen McGuigan, executive vice president and deputy general counsel, Retail Industry Leaders Association. “This is a clear violation of the Administrative Procedure Act the court needs to rectify and put an end to the tariffs that are making products more expensive for Americans.”

The business associations submitted an amicus brief focused on USTR’s failure to consult the impacted community and the resulting harm inflicted on the retail supply chain and working families.

The Retail Litigation Center

Directed by the chief legal officers of the country's leading retail companies, the Retail Litigation Center (RLC) is the only organization dedicated to advocating for the industry's top priorities in the federal and state judiciary. The RLC also works with leading law firms and retail corporate counsel to develop forward-thinking strategies to combat meritless mass action litigation. Founded by the Retail Industry Leaders Association (RILA) in 2010 as an independent organization, the RLC is a 501(c)(6) membership association open to all retailers and select law firms.
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