Notes. 20-00177). On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (“CIT”) alleging that the U.S. Trade Representative (“USTR”) exceeded its authority when it issued tariffs under Section 301 … On September 10, 2020, HMTX Industries LLC and two of its subsidiaries (“complainants”) filed a complaint at the U.S. Court of International Trade (“CIT”) alleging an unlawful escalation of the ongoing trade war with China through the imposition of a third round of tariffs on imports covered under List/Tranche 3. © Faegre Drinker Biddle & Reath LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. With family roots dating back four generations, 2019 was a historic year for what has now become HMTX Industries, bringing their diverse family of companies together under a singular entity for the first time. Lawsuit Asks Court to Vacate List 3 Tariff Rulemaking, Refund Duties. This action concerns Defendants’ prosecution of an unprecedentedunbounded, , and unlimited trade war impacting over $500 billion in imports from the People’s Republic of China. The calls from law firms follow a claim filed Sept. 10 in the Court of International Trade. v. United States (Court No. On September 21, 2020, HMTX Industries amended its CIT complaint to include a challenge to Section 301 duties on “List 4A” imports. In our September 15 alert, Faegre Drinker advised clients not to file “me-too” suits challenging the tariffs on List 4A products, since the original HMTX Industries complaint did not contain a request for relief from these duties. A lawsuit filed by three vinyl tile importers last month at the U.S. Court of International Trade (CIT) challenging the U.S. Trade Representative’s (USTR) implementation of Section 301 “List 3” and “List 4” duties on products from China, HMTX Industries LLC et al. A lawsuit filed with the U.S. Court of International Trade (CIT) on Sept. 10, ... 2 Plaintiffs in the action are HMTX Industries LLC and its wholly owned family companies Halstead New England Corp. and Metroflor Corp., each a supplier of vinyl tiles. By now, many people have heard about the filing of a lawsuit at the Court of International Trade by HMTX Industries and subsidiaries Halstead and Metroflor. A vinyl tile supplier challenged the extension of tariffs to cover the third list of goods from China using Section 301 tariff authority, in a lawsuit filed Sept. 10 at the Court of International Trade. Copies thereof are available at ECF Nos. This kicked off an avalanche of companies filing similar complaints – Peloton filed theirs on September 18th. v. United States of America, et. Section 301 CIT Litigation: Current Status and What’s Next? al., which was filed on September 10th. The lawsuit is challenging the U.S. Trade Representative (USTR) and claiming that the USTR overstepped the Section 301 statute, when it made additional goods subject to the tariffs more than 12 months after the beginning of the investigation. By continuing to browse this website you accept the use of cookies. On Sept. 10, 2020, three vinyl tile importers filed a lawsuit, HMTX Industries LLC, et. The Court of International Trade (“CIT”) saw nearly 3,000 complaints filed over a period of four days from Friday, September 18, 2020 to Monday, September 22, 2020 challenging the United States Trade Representative’s (“USTR”) authority to levy Section 301 Tariffs on products found on List 3 (and frequently, also those also found on List 4A) (“List 3 Tariffs”). The nature of legal remedy they are relying on means that if they are successful the plaintiffs would recover all Section 301 tariffs back to … To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Plaintiffs also argue that while the Section 301 mechanism allows the USTR to “modify or terminate” certain initial actions taken under Section 301, the provision does not allow the government to increase tariffs further after the initial actions are taken. Editing by Stephen Berg. Plaintiffs HMTX Industries LLC (“HMTX”), Halstead New England Corporation (“Halstead”), and Metroflor Corporation (“Metroflor”), by and through their attorneys, allege and state as follows: 1. This action concerns Defendants’ prosecution of an unprecedentedunbounded, , v. U.S., case number 1:20-cv-00177, in the U.S. Court of International Trade.---Additional reporting by Alex Lawson and Sarah Martinson. HMTX Industries is a global LVT manufacturer serving a diverse cross-section of the construction marketplace. The lawsuit alleges the goods included on “List 3” and “List 4A” were unlawfully enacted – and as such, importers who paid for the List 3 and 4A duties are entitled to a refund of duties paid with interest. v. United States, which challenges the procedural steps and authority of the U.S. Trade Representative (USTR) to assess Section 301 duties against so-called “List 3” imports of a wide range of products from China. 1 The case is HMTX Industries LLC v. United States, Case No. The suit alleges that the United States Trade Representative (“USTR”) unlawfully escalated the China trade war through imposition of List 3 and List 4a tariffs under Section 301 of the Trade Act. On September 10, 2020, HMTX and its subsidiaries, initiated an action in the Court of International Trade challenging the legality of the Section 301 duties on imports from China under List 3 (and later List 4A) and imposed on China imports by the USTR on and after September 24, 2018. Cindy Allen, Editor in Chief for Interior Design Magazine sits down with Harlan Stone, CEO-HMTX Industries, Russ Rogg, President-Metroflor, Jeff Collum, President-Teknoflor and Marcel Kies, President-Aspecta to discuss all things flooring and design.The best way to predict the future is to create it.—Abraham Lincoln Metroflor Engage Inception 120 – Ridgeback 7800 Passionate. © Faegre Drinker Biddle & Reath LLP. 2 Plaintiffs in the action are HMTX Industries LLC and its wholly owned family companies Halstead New England Corp. and Metroflor Corp., each a supplier of vinyl tiles. Import Customer, On September 10, 2020, the Office of the United States Trade Representative (USTR) received a complaint filed by HMTX Industries LLC, along with Halstead New … The original HMTX Industries complaint focused only on Section 301 duties levied against List 3 imports. (Please note that the HMTX Industries suit did not ask for refund of duties on List 4A, but that is likely because the List 4A List was filed later, and therefore there is more time to sue under the two-year statute of limitations.). This means importers that did not import products from China under List 3 (or chose not to file a List 3 lawsuit now) have an opportunity to file a “me-too” lawsuit for imported Chinese products subject to duties under List 4A. Plaintiff HMTX Industries said the Office of the U.S. Trade Representative investigated China's intellectual property policies, and the Trade Act requires USTR to take action within 12 months of that investigation. By now, many people have heard about the filing of a lawsuit at the Court of International Trade by HMTX Industries and subsidiaries Halstead and Metroflor. On September 10, 2020, HMTX Industries and related companies, Halstead and Metroflor, filed a lawsuit in the Court of International Trade (“CIT”) alleging that the U.S. Trade Representative (“USTR”) exceeded its authority when it issued tariffs under … READ MORE. 20 and 30 on the docket of HMTX Industries LLC v. United States, Ct. No. On September 10, 2020, HMTX Industries LLC et al v.United States (Court No. The HMTX Industries collaboration with the International Living Future Institute (ILFI) and other partners began with sustainable products and practices, led to transparency in product ingredients, and culminated with Just social justice labels companywide and across all brands. Dedicated. This legal challenge also presents an opportunity for importers potentially to obtain refunds of Section 301 duties deposited on List 3 imports and halt future duties on those imports. These lawsuits, if successful, may ultimately eliminate List 3 (and where applicable, List 4A) tariffs and result in refunds. At the heart of this groundswell is a lawsuit filed by HMTX Industries LLC before the U.S. Court of International Trade. Because USTR published List 4A in the Federal Register on August 20, 2019, the two-year statute of limitations for filing a List 4A lawsuit based on publication date does not expire until August 20, 2021. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. TO READ THE FULL STORY. At the heart of this groundswell is a lawsuit filed by HMTX Industries LLC before the U.S. Court of International Trade. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. On September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. In the case of the Section 301 tariffs imposed against Chinese origin imports, the USTR initiated the investigation and initially imposed 25% tariffs on certain imports because of the failure of the Government of China to protect intellectual property of U.S. companies when exporting Chinese products to the U.S. market. On September 10, 2020, HMTX Industries LLC, along with Halstead New England Corporation, and Metroflor Corporation (importers of vinyl tile) filed a complaint (Ct. No. As discussed further below, this lawsuit, if successful, would eliminate Section 301 List 3 duties and result in refunds to the plaintiffs. The first company to do so was HMTX Industries LLC, under the lawsuit MTX Industries LLC, et. However, given the jurisdictional basis for this lawsuit, importers that wish to pursue a similar legal action need to file suit by September 21, 2020 in order to preserve their right to possible relief. v. U.S., case number 1:20-cv-00177, in the U.S. Court of International Trade.---Additional reporting by Alex Lawson and Sarah Martinson. Lawsuit Filed Against Section 301 China Tariffs List 3 Dear Valued U.S. v. United States of America, et. A lawsuit was filed last Friday challenging the legality of the Section 301 tariffs on China. 3 28 U.S.C. The plaintiffs argue that the Section 301 law was not intended as a tool to engage in an “open-ended trade war,” as opposed to an initial response to China’s intellectual property violations. Get alerts on US-China trade dispute when a new story is published Get alerts 20-00177 (USCIT filed Sept. 10, 2020). Background. Section 301 of the Trade Act of 1974 authorizes the USTR to impose duties to combat certain “unreasonable” or “discriminatory” trade acts by a foreign government. al., which was filed on September 10th. A recently filed lawsuit could result in refunds of all Section 301 tariffs levied to date on List 3 from China. In order to have the full site experience, keep cookies enabled on your web browser. The Court of International Trade (“CIT”) saw nearly 3,000 complaints filed over a period of four days from Friday, September 18, 2020 to Monday, September 22, 2020 challenging the United States Trade Representative’s (“USTR”) authority to levy Section 301 Tariffs on products found on List 3 (and frequently, also those also found on List 4A) (“List 3 Tariffs”). Against List 3 imports a recently filed lawsuit could result in refunds -- -Additional reporting Alex..., track anonymous site usage, store authorization tokens and permit sharing on social networks. 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