The petition sought review of the decision by the US Court of Appeals for the Federal Circuit (CAFC) sustaining the China Section 301 tariffs under the Trade Act of 1974 involving China’s acts, policies and practices related to technology transfer, intellectual property and innovation.
The US Supreme Court recently denied without comment a petition for certiorari by a group led by HMTX Industries in the test case for the China Section 301 tariff refund litigation.
The petition sought review of the decision by the US Court of Appeals for the Federal Circuit sustaining the China Section 301 tariffs.
With this denial, those tariffs will stand and all appeals have been exhausted.
The litigation stemmed from the United States Trade Representative’s (USTR) response to China’s retaliatory measures following the original Section 301 investigation into China’s technology transfer and intellectual property practices.
With this denial, those tariffs will stand and all appeals have been exhausted.
The court’s decision leaves intact the CAFC’s 2025 ruling upholding the authority of the Office of the USTR to impose the List 3 and List 4A tariffs under Section 301 of the Trade Act of 1974, according to US media reports.
After imposing tariffs on approximately $50 billion of imports under Lists 1 and 2, USTR added Lists 3 and 4A following China’s retaliatory actions. HMTX Industries and other importers challenged the expansion, arguing that Section 307 of the Trade Act of 1974 authorised only limited modifications to an existing Section 301 action and did not permit the addition of tariffs covering hundreds of billions of dollars in imports.
Both the US Court of International Trade and the CAFC rejected those arguments.
The over 3,500 cases filed before the US Court of International Trade (CIT) alleging that these additional lists and tariffs were issued without appropriate authority are expected to be dismissed now.
Fibre2Fashion News Desk (DS)
