U.S. trade court: USTR adequately responded to remand in case challenging tariffs on imports from China

A decision finding that the USTR adequately responded to its remand order concerning tariffs on Chinese-origin imports

USTR adequately responded to remand in case challenging tariffs on imports from China

The U.S. Court of International Trade today issued a decision finding that the United States Trade Representative (USTR) adequately responded to its remand order in an April 2022 decision holding that over $200 billion in tariffs on Chinese-origin imports were valid.

Read the court’s decision [PDF 588 KB] in In Re Section 301 Cases, Slip Op. 23-35 (Ct. Intl. Trade 2022)

In its prior decision, the court found that although the USTR had authority to impose the tariffs on Chinese-origin goods, the USTR failed to respond adequately to public comments during the notice and comment rulemaking process and remanded the cases to the USTR for further reconsideration and explanation regarding the USTR’s rationale for imposing the List 3 and 4A tariffs, as well as the reasons for placing or removing products from the lists. Read TaxNewsFlash

In today’s remand determination, the court sustained the Final List 3 and Final List 4, as amended by the USTR’s remand results.

For more information, contact a professional with KPMG Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
E: ivaysfeld@kpmg.com

Amie Ahanchian
E: aahanchian@kpmg.com

Christopher Young
E: christopheryoung@kpmg.com

Gisele Belotto
E: gbelotto@kpmg.com

George Zaharatos
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
E: jlibby@kpmg.com
John Anderson
Managing Director
E: johneanderson@kpmg.com
Jenna Leigh Glass
Managing Director
E: jennaleighglass@kpmg.com


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