The litigation challenging the assessment of additional duties on goods imported from China under Section 301 is continuing.  The U.S. Court of Appeals for the Federal Circuit (CAFC) has finally calendared the lead (HMTX Industries LLC v. US) for oral argument.  The oral argument will take place on January 8, 2025, at the CAFC in Washington, D.C.

We anticipate that the CAFC will issue its decision approximately four to six months after the oral argument.  Whatever the CAFC decides, there will likely be a further appeal, either a request for a rehearing before the CAFC, or a writ of certiorari to the Supreme Court.  Accordingly, a final decision in this case is likely to take another year or more.

We will continue to provide periodic updates as the case continues.  In the meantime, should you have any questions, please do not hesitate to contact one of our attorneys.