USTR Must Respond to Industry Concerns on 301 Tariffs

Kathleen McGuigan, executive vice president and deputy general counsel, Retail Industry Leaders Association, issued the following statement in response to today’s decision by the Court of International Trade finding that USTR’s actions implementing Sec. 301 tariffs on more than $300 billion worth of Chinese goods failed to meet Administrative Procedure Act requirements: 

“Retailers appreciate that the Court agreed with our arguments and found that USTR’s failure to respond to any of the nearly 10,000 comments provided by retailers and other stakeholders on the harm these unprecedented tariffs would cause violated the requirements of the Administrative Procedure Act.

“While we had argued that this significant defect should result in a full rollback of the List 3 and List 4 tariffs, remanding the issue back to USTR and requiring it to respond to our concerns is a valid exercise.

“Leading retailers urge USTR to recognize that the tariff strategy started by the Trump Administration and continued by the Biden Administration is deeply flawed. The 301 tariffs contribute to inflationary pressures, exasperate supply chain challenges, and continue to raise prices of everyday products and necessities purchased by American families. We hope USTR will respond thoughtfully to industry comments and conclude that it did not have adequate justification for imposing the tariffs.”

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


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.

  • International Trade
  • Public Policy
  • Retail Litigation Center
  • Supply Chain
  • Supporting Free Markets and Fostering Innovation
  • China Trade Tariffs

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