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ARTICLE · 12 DECEMBER 2025

CIT Outlines Next Steps For China Section 301 Litigation

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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As previously reported, on September 25, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade's (CIT) decision upholding the Section 301 China tariffs...

United StatesInternational Law

As previously reported, on September 25, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade's (CIT) decision upholding the Section 301 China tariffs imposed during President Trump's first term. On December 3, 2025, following a status conference with the parties, the CIT issued a procedural order for the future disposition of the litigation depending on the lead plaintiffs' decision whether to appeal the case to the U.S. Supreme Court. For companies that filed similar complaints stayed under the master litigation, those claims remain stayed and the status quo continues at least until early 2026. Plaintiffs in those stayed cases may, however, voluntarily dismiss their cases at any time before the court establishes additional procedures in response to Supreme Court review (or lack thereof).

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