Federal Circuit Upholds 301 List 3 and 4A

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Sep. 25, 2025
By: Lawrence M. Friedman

The United States Court of Appeals for the Federal Circuit has issued its much anticipated decision in the case challenging the Section 301 tariff President Trump imposed on goods from China in his first administration. These duties, which are either 25% or 7.5%, were enacted under a law allowing the President to take action to address unfair practices by foreign governments. In this instance, the unfair practices relate to China's policies of forced technology transfer, limited enforcement of U.S. intellectual property rights, and others that stifle U.S. innovation. 

Plaintiffs in the case challenged the process the President and USTR used to implement Lists 3 and 4A as "modifications" of the initial remedy. The three-member panel held that Congress validly granted the President that authority. The Court also agreed that the USTR either followed the required process or fixed any defects in the process after the review by the Court of International Trade.

For importers seeking refunds, this decision does not change the current status. It is likely, but not certain, that the plaintiffs will seek review in the Supreme Court. If that happens, it may be another year or so before the issue is finally decided.