USTR in Court of International Trade: HMTX adds List 4A Challenge – The National Law Review

As we discussed in a September 15 client alert, a lawsuit was filed at the U.S. Court of International Trade (CIT) on September 10, 2020, challenging the U.S. Trade Representative’s (USTR) authority to assess Section 301 duties against so-called “List 3” imports of a wide range of products from China, as well as the procedural steps taken by USTR to implement those duties. HMTX Industries LLC et al. v. United States (Court No. 20-00177).


The original HMTX Industries complaint focused only on Section 301 duties levied against List 3 imports. As of September 21, 2020, well over 3,300 “me-too” lawsuits had been filed, challenging the Section 301 duties on the same grounds as the HMTX Industrieslawsuit. The vast majority of the “me-too” lawsuits were filed by September 21, 2020, which was two years after the USTR published List 3 in the Federal Register. Over 100 additional “me-too” suits have been filed since September 21, 2020, alleging that the cause of action