As expected, the plaintiffs in the lead Section 301 case filed an appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) on May 12, 2023, seeking to overturn the trial court’s March 17, 2023, decision. Once the CAFC receives the records from the trial court proceedings, the parties will be required to file briefs. The briefing schedule is approximately four months, however, filing deadlines may be extended by the court. Once briefing is complete, the CAFC will hold an oral argument before issuing its decision on the appeal. We anticipate that the CAFC is likely to reach a decision on the appeal within a year to 18 months from today’s date.
While the appeal is pending, all other cases filed by importers to challenge the List 3 and List 4A Section 301 additional duties will remain suspended; there are no additional filings required at this time. Should you have any questions, please contact one of our attorneys.
