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China Section 301 Litigation Update

On February 12, 2024, plaintiffs filed their reply brief in the appeal pending before the U.S. Court of Appeals for the Federal Circuit (CAFC).  Plaintiffs’ brief expanded on its arguments that the United States Trade Representative (USTR) lacked the statutory authority to issue List 3 and List 4A tariffs, particularly in light of recent CAFC and Supreme Court cases.

The next step in the litigation is that next week, the parties will file a joint appendix of documents and citations to the record of the case.  Once the joint appendix is filed, the CAFC will set a date for oral argument in the coming months.

Should you have any questions, please contact one of our attorneys.


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