The legal battle over Section 301 tariffs on Chinese imports imposed in 2018 continues, with a petition now before the Supreme Court, according to attorneys Sadler, Travis, and Rosenberg.

The Office of the US Trade Representative has opened a second four-year review of tariffs on goods in lists 1 and 2, covering about US$50 billion in Chinese exports. Public comment on lists 3 and 4A will come later, but litigation over those tariffs is advancing.

Plaintiff HMTX first challenged the list 3 and 4A tariffs in 2019. The Court of International Trade dismissed several claims, and the Court of Appeals for the Federal Circuit rejected the remainder. HMTX has now petitioned the Supreme Court to review the case.

Last week, the Department of Justice urged the court to deny the petition, arguing that the president had the authority to modify the original tariffs. HMTX has 14 days from May 11 to reply before the case can be scheduled for conference.

The earliest possible conference dates are May 28 or June 4. If not scheduled by June 25, the outcome may be delayed until the court's next term in the autumn. Only four justices are needed to grant review, making the decision potentially close.