CAFC Issues Mandate in Section 301 Case, No Appeal Filed
The U.S. Court of Appeals for the Federal Circuit on Nov. 17 issued its mandate in the massive litigation on the lists 3 and 4A Section 301 tariffs on China. The importers who challenged the tariffs didn't file an appeal…
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of the matter to the Supreme Court prior to the issuance of the mandate. Last month, the court upheld the tariffs, finding them to be a valid exercise of authority under Section 307(a)(1)(C) (see 2509250028). The court said the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose" (HMTX Industries v. United States, Fed. Cir. # 23-1891).