On October 20, 2023, the U.S. Court of Appeals for the Federal Circuit (CAFC) granted the Government’s request for a second extension of time to file its response brief in the China Section 301 litigation appeal. The U.S. Department of Justice had argued that it needed additional time to consult with other government agencies and to conduct its internal review. The Government’s brief is now due on December 21, 2023. Appellants’ reply brief will be due 21 days after the Government files its brief. It is possible that appellants will obtain a short extension.
The revised schedule means that the CAFC will likely hear oral argument in late spring 2024 and the CAFC may issue its decision on the appeal in the summer. Should you have any questions, please contact one of our attorneys.