Supreme Court of the United States · Official docket →
HMTX Industries, LLC, et al. v. United States, et al.
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1891 · judgment September 25, 2025
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Federal Circuit decision below, and a business petitioner.
Question presented
Section 301(b) of the Trade Act of 1974, 19 U.S.C. § 2411 (the “Trade Act”), permits the U.S. Trade Representative (“USTR”) to take all “appropriate and feasible action” to “obtain the elimination” of any “unreasonable or discriminatory” foreign trade practice that “burdens or restricts United States commerce.” To invoke that authority, USTR must first pass through a gauntlet of procedural safeguards. See id. §§ 2411-2414. Pursuant to Section 307 of the Act, and subject to far fewer procedural requirements, USTR may also “modify or terminate” a tariff action taken under Section 301 upon a finding that (as relevant here) the initial action is “no longer appropriate.” 19 U.S.C. § 2417(a)-(b). In 2018, USTR relied on its modification authority to increase ten-fold the scope of its original Section 301 action, which had imposed duties on $50 billion in imports from China, to impose new duties of up to 25% on up to $550 billion in imports from China—virtually the entire U.S.-China trade portfolio. The question presented is: Whether USTR’s streamlined authority under Section 307 to “modify” an existing tariff action confers on the agency essentially unlimited power to expand the scope of that initial action, as reflected in the tenfold expansion challenged here. (i)
Counsel of record
For petitioner
Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 15 2026Petition DENIED.
- May 26 2026DISTRIBUTED for Conference of 6/11/2026.
- May 26 2026Reply of petitioners HMTX Industries, LLC, et al. filed. (Distributed)
- May 12 2026Brief of respondents United States, et al. in opposition filed.
- Apr 13 2026Motion to extend the time to file a response is granted and the time is further extended to and including May 12, 2026.
- Apr 10 2026Motion to extend the time to file a response from April 27, 2026 to May 12, 2026, submitted to The Clerk.
- Mar 26 2026Brief amici curiae of The American Apparel & Footwear Association, et al. filed.
- Mar 26 2026Amicus brief of Consumer Watchdog not accepted for filing. (To be resubmitted - March 30, 2026)
- Mar 26 2026Brief amicus curiae of Consumer Watchdog filed. (Resubmitted)
- Mar 23 2026Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2026.
- Mar 20 2026Motion to extend the time to file a response from March 26, 2026 to April 27, 2026, submitted to The Clerk.
- Feb 20 2026Petition for a writ of certiorari filed. (Response due March 26, 2026)
- Dec 04 2025Application (25A647) granted by The Chief Justice extending the time to file until February 20, 2026.
- Dec 01 2025Application (25A647) to extend the time to file a petition for a writ of certiorari from December 24, 2025 to February 20, 2026, submitted to The Chief Justice.