On August 15, 2023, the U.S. Court of Appeals for the Federal Circuit (CAFC) granted the Government’s request for an additional 60 days to file its response brief in the China Section 301 litigation appeal. Such extension requests are routine and are typically granted by the CAFC. The Government’s brief is now due on October 27, 2023. Plaintiffs’ reply brief will be due 21 days after the Government files its brief. It is possible that plaintiffs will obtain a short extension.
The revised schedule means that the CAFC will likely hear oral argument in early 2024 and the CAFC may issue its decision on the appeal in late spring. Should you have any questions, please contact one of our attorneys.