On May 12, 2023, the plaintiff group in the China Section 301 tariff refund litigation, in response to the recently issued decision by the U.S. Court of International Trade (CIT) upholding those Section 301 tariffs, formally filed its Notice of Appeal. The appeal will be heard by the U.S. Court of Appeals for the Federal Circuit (CAFC). The CIT will formally submit the Notice and the CIT’s docket to the CAFC, which will docket the appeal under its own caption and court number. The CAFC docketing will also trigger various applicable deadlines for parties from the underlying CIT case, including the deadline for the plaintiff group’s opening brief. Thompson Hine LLP will continue to monitor this litigation and report on further developments at the appellate level.

For additional details on the CIT’s recent ruling, see Update of March 20, 2023, as well as the CIT’s remand order, see Update of April 6, 2022. For additional information on the content of the USTR’s remand explanation, see Update of August 2, 2022. See Update of September 15, 2022 for details on the plaintiff group’s comments in response to the USTR’s remand explanation. For additional information on the oral argument in the matter, see Update of February 9, 2023.