The Court of International Trade has issued a decision in the
lead case challenging the Section 301 duties imposed on Chinese
products under so-called List 3 and List 4A. Unfortunately, the
Court rejected the plaintiffs' arguments. The Court found the
explanation USTR offered of how it engaged with the public comments
was sufficient to support the agency's action. The decision is available here.
Following the oral argument in February, this result was not
unexpected. At this point, the lead plaintiffs' counsel will
have to decide whether to seek review in the Court of Appeals for
the Federal Circuit. Our expectation is that an appeal will happen,
but we have no specific information on that yet. The time for
appeal is 60 days. While it is possible that another party could
start a new case at the CIT level, that seems unlikely until the
lead case is fully resolved on appeal.
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