Section 301 Litigation Update

February 14, 2024

On February 12, 2024, Plaintiff-Appellants in the Section 301 litigation filed its ¬†Reply Brief with the Court of Appeals for the Federal Circuit seeking to reverse the CIT’s initial judgement in favor of the government. In that reply brief, the Plaintiff argues that the Administrative Procedure Act (“APA”), which establishes the procedural requirements for “notice-and-comment rulemaking”, was not followed and that a robust investigation prior to the USTR implementing Section 301 List 3 and List 4a was required. Further, the Plaintiff maintains that the government did not provide contemporaneous evidence that it grappled with public comments at the time it developed List 3 and 4a.

We anticipate it will be 60-90 days before oral arguments are presented to the Court of Appeal Justices.


For questions regarding Section 301 litigation and exclusions, or other customs and trade related matter, please contact us at or (415) 986-8780.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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