On June 15, 2026, the U.S. Supreme Court denied without comment the plaintiff group’s petition for certiorari in the test case for the China Section 301 tariff refund litigation (HMTX Industries LLC, et al. v. United States et al.). The petition sought review of the U.S. Court of Appeals for the Federal Circuit (CAFC) decision sustaining the China Section 301 tariffs under the Trade Act of 1974 involving China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. See Thompson Hine Update of February 23, 2026. See also Thompson Hine Update of September 25, 2026, detailing the CAFC decision holding that the Office of the U.S. Trade Representative (USTR) had the authority to modify its original Section 301 trade action by imposing and modifying tariffs on products appearing on List 3 and List 4A at a later date.
With this denial, those tariffs will stand and all appeals have been exhausted. It is now expected that the over 3,500 cases filed before the U.S. Court of International Trade (CIT) alleging that these additional lists and tariffs were issued without appropriate authority will be dismissed.