20-00177) filed a lawsuit at the CIT challenging the U.S. Trade Representative’s (USTR) authority to assess Section 301 List 3 duties (a substantive claim under the Trade Act of 1974), as well as the USTR’s procedural steps to implement those duties (a procedural claim under the Administrative Procedures Act [APA]). 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. 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”). 20-00177 (USCIT filed Sept. 10, 2020).. 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.. 3 28 U.S.C. At the heart of this groundswell is a lawsuit filed by HMTX Industries LLC before the U.S. Court of International Trade. v. United States (Court No. v. United States (Court No. al. 1 The case is HMTX Industries LLC v. United States, Case No. This kicked off an avalanche of companies filing similar complaints – Peloton filed theirs on September 18th. 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. al., which was filed on September 10th. v. United States of America, et. Background. 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. The first company to do so was HMTX Industries LLC, under the lawsuit MTX Industries LLC, et. On September 10, 2020, HMTX Industries LLC et al v.United States (Court No. On September 10, 2020, HMTX Industries LLC, along with Halstead New England Corporation, and Metroflor Corporation (importers of vinyl tile) filed a … The original HMTX Industries complaint focused only on Section 301 duties levied against List 3 imports. As of September 21, 2020, well over 3,300 “me-too” lawsuits had been filed, challenging the Section 301 duties on the same grounds as the HMTX Industries lawsuit This action concerns Defendants’ prosecution of an unprecedentedunbounded, , Notes. On 10 September 2020 HMTX Industries LLC v United States (Case 20-00177) was filed in the CIT with both procedural and substantive challenges to the application of duties on goods included on Lists 3 or 4a. 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. 20-00177). HMTX Industries LLC et al. 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.