A lawsuit filed with the U.S. Court of International Trade (CIT) on Sept. 10, 2020, ... 1 The case is HMTX Industries LLC v. United States, Case No. Top News | 14 Sep 2020 | Ref: 2009110041 | by Paul Gluckman. 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 of the Trade Act of 1974 (“Trade Act”). Serving a diverse cross-section of the construction marketplace, HMTX is raising industry standards for beautifully designed products and transparent operating practices. On September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. v. United States of America, et. This kicked off an avalanche of companies filing similar complaints – Peloton filed theirs on September 18th. This kicked off an avalanche of companies filing similar complaints – Peloton filed theirs on September 18th. The original HMTX Industries complaint focused only on Section 301 duties levied against List 3 imports. HMTX Industries LLC et al. 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. Dedicated. 20-00177), has resulted in the filing of thousands of additional lawsuits brought by other affected importers. 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. Sparked by a lawsuit filed last Thursday, many are hopeful for the eventual overturn of List 3 tariffs and a refund of duties paid. 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. 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. A recently filed lawsuit could result in refunds of all Section 301 tariffs levied to date on List 3 from China. 20-00177). Information contained in this alert is for the general education and knowledge of our readers. International Trade Today These lawsuits, if successful, may ultimately eliminate List 3 (and where applicable, List 4A) tariffs and result in refunds. 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 … In related news, as reported by The National Law Review, “three importers filed a complaint [on September 10, 2020] at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. Now that HMTX Industries has amended its complaint to include List 4A claims, other importers can piggy-back on this lead case for List 4A claims as well. October 12, 2020 October 8, 2020. The vast majority of the “me-too” lawsuits were filed by September 21, 2020, which was two years after the USTR published List 3 in the Federal Register. This strategy was to mitigate the risk that the CIT might treat a “me-too” lawsuit with a List 4A claim as the “lead” lawsuit for this issue rather than the HMTX Industries case. v. United States of America, et. The statute of limitations to file this type of lawsuit (alleged violation of the APA) is two years from the date that the cause of action accrues. Section 301 Lawsuit What is the Section 301 lawsuit about? 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. To preserve the right to duty refunds should the pending HMTX Industries suit be successful, we recommend any complaint be filed by September 21, 2020. Docket for HMTX Industries LLC v. United States, 1:20-cv-00177 — Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality open legal information. Mercedes also used harsh words in its lawsuit, according to the Guardian, and if Law360’s report is correct, the commercial court had it read thousands of times in a similar form. The filing marks DOJ's first since HMTX Industries filed suit to force refunds of Section 301 tariffs paid on lists 3 and 4 goods from China (see 2009110005). According to the plaintiffs, while the initial retaliatory tariff actions reflected in the implementation of List 1 and List 2 may have been lawful under Section 301, the USTR’s subsequent rounds of tariff actions (i.e., List 3 and list 4A) against Chinese origin imports overstepped the USTR’s authority and failed to comply with requirements under the Administrative Procedures Act (APA). Jan 04, 2021 The Legal Authority Behind Trump's New Tariffs on Mexico Regardless, various affected parties are almost certain to challenge the Mexico tariffs in court. Despite HMTX Industries being a supplier of precision-engineered flooring for hospitals, CEO Harlan Stone is pretty certain his company’s products were not used in the emergency hospitals that went up in the span of days in China to admit patients afflicted with the COVID-19 virus. © Faegre Drinker Biddle & Reath LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. 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. HMTX Industries is a global flooring company and leader in LVT innovation. It specifically challenges List 3 and List 4. Lawsuit Filed Against Section 301 China Tariffs List 3 Dear Valued U.S. At the heart of this groundswell is a lawsuit filed by HMTX Industries LLC before the U.S. Court of International Trade. List 4A was published in the Federal Register on August 20, 2019 and includes as separate group of products from China that are subject to additional duties under Section 301. 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. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. On September 10, 2020, HMTX Industries LLC, along with Halstead New England Corporation, and Metroflor Corporation (importers of vinyl tile) filed a complaint … HMTX Industries has argued that it should be the test case as the first company to file the complaint. 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. Extension on Certain Exclusions until 12/31/20 for List 3 and List 4. What is the Section 301 lawsuit about? Build a Morning News Brief: Easy, No Clutter, Free! 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. On September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. 20-00177) at the Court of International Trade (CIT) challenging both the substantive and procedural processes followed by the United States Trade Representative (USTR) when instituting Section 301 Tariffs on imports from … 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. al. Start A Free Trial Login With Password. Background. HMTX Industries is a global LVT manufacturer serving a diverse cross-section of the construction marketplace. On Sept. 10, 2020, three vinyl tile importers filed a lawsuit, HMTX Industries LLC, et. v. United States (Court No. At this point, we believe the pending case is a long shot, but importers could file a “me-too” lawsuit at a relatively low cost and benefit from the relief in case the plaintiffs in HMTX Industries succeed. The lawsuit charges that the U.S. Trade Representative's (USTR) office is prosecuting “an unprecedented, unbounded and unlimited trade war impacting over $500 billion in imports from the People’s Republic of China.” 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. Get alerts on US-China trade dispute when a new story is published Get alerts The Legal Authority Behind Trump's New Tariffs on Mexico 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. “We are grateful that the United States Trade Representative gave due consideration to our industry and granted exclusions on several of these products," said Harlan Stone, CEO of HMTX Industries. 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. 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 … 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. On September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. Latest Development in Court Case Challenging Validity of Section 301 Tariffs; Opportunity to Add Challenge to List 4A to Complaints, How to Find and Protect Your Own Hidden Trademarks, Banks Urged to Create Payment Notice Standards After $900M Transfer Error, Indiana Passes COVID-19 Civil Tort Immunity Bill, COVID-19 Weekly Newsletter: Biden Announces School Reopening Goals. I have been working at HMTX Industries full-time for more than 3 years Pros - Great Executive Leadership that trickles through the company - Strong company core values - Great working environment is a priority for all associates - Very competitive compensation package - Family unit feel throughout the organization At the heart of this groundswell is a lawsuit filed by HMTX Industries LLC before the U.S. Court of International Trade. Washington, DC, September 21, 2020--On September 10, HMTX Industries, along with Halstead New England Corporation, and Metroflor Corporation-all three companies part of the HMTX corporation, … HMTX Industries, an importer of vinyl floor tiles, has filed a lawsuit in the U.S. Court of International Trade. As discussed further below, this lawsuit, if successful, would eliminate Section 301 List 3 duties and result in refunds to the plaintiffs. 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. As we discussed in a September 15 client alert, a lawsuit was filed at the U.S. Court of International Trade (CIT) on September 10, 2020, challenging the U.S. Trade Representative’s (USTR) authority to assess Section 301 duties against so-called “List 3” imports of a wide range of products from China, as well as the procedural steps taken by USTR to implement those duties. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. The Faegre Drinker Biddle & Reath LLP website uses cookies to make your browsing experience as useful as possible. Notes. At the heart of this groundswell is a lawsuit filed by HMTX Industries LLC before the U.S. Court of International Trade. 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. It might be possible for U.S. importers to receive refunds of Section 301 duties paid on goods originating from China through by virtue of a lawsuit filed HMTX Industries LLC before the U.S. Court of International Trade. By submitting personally identifiable information via this form, you are opting-in to use of our first party cookies and accepting our use of your information. Others may take issue with the validity of Trump's emergency declaration, which is already being litigated in the “There's case law that supports it. al., in the Court of International Trade (CIT) challenging the authority the U.S. Trade Representative (USTR) had to implement Section 301 tariffs on specific lists of targeted imports from China, demanding refunds of tariffs paid thus far, and requesting the CIT to set aside the List 3 … Copies thereof are available at ECF Nos. 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 first company to do so was HMTX Industries LLC, under the lawsuit MTX Industries LLC, et. 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. 5 See USCIT R. 7 (allowing a reply only for dispositive motions). 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 … This action concerns Defendants’ prosecution of an unprecedentedunbounded, , HMTX Industries | 1,597 followers on LinkedIn. 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. v. United States of America, et. al., which was filed on September 10th. 20-00177 (USCIT filed Sept. 10, 2020). The USTR published its Federal Register notice announcing the List 3 duties on September 21, 2018. 20-00177). In HMTX Industries LLC v. United States, a vinyl tile importer challenged the USTR's 2018 implementation of Section 301 “List 3” and “List 4” duties as both an overstepping of its authority and as suffering from fatal procedural defects. Editing by Stephen Berg. Click here to read more about how we use cookies. 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. It might be possible for U.S. importers to receive refunds of Section 301 duties paid on goods originating from China through by virtue of a lawsuit filed HMTX Industries LLC before the U.S. Court of International Trade. v. United States (Court No. 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. Review Faegre Drinker Biddle & Reath LLP's cookies information for more details. The case is HMTX Industries LLC et al. 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. The nature of the challenge to List 4A is essentially the same as the challenge to List 3. al., which was filed on September 10th. Passionate. 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. Other importers that have paid significant duties under List 3 may consider filing a suit making claims substantially identical to the HTMX Industries complaint, with the intention of asking the CIT to consolidate the lawsuit with the lead HTMX Industries action or to be stayed during those proceedings. In terms of LIST 3, on September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. Troutman Pepper Hamilton Sanders filed a patent lawsuit Monday in New York Eastern District Court on behalf of tile flooring manufacturer HMTX Industries and its subsidiaries. See our, Latest Development in Court Case Challenging Validity of Section 301 Tariffs; Opportunity to Add Challenge to List 4A to Complaints | Faegre Drinker Biddle & Reath LLP, https://www.faegredrinker.com/-/media/images/professionals/no_photo_placeholder.jpg. © Faegre Drinker Biddle & Reath LLP. All rights reserved.var d = new Date(); document.getElementById('crdate').append(d.getFullYear()); Disclaimer: Transmission of information to us via this feature does not establish an attorney-client relationship. By browsing our site with cookies enabled, you are agreeing to their use. 3 28 U.S.C. HMTX Industries LLC et al. v. United States (Court No. Over 100 additional “me-too” suits have been filed since September 21, 2020, alleging that the cause of action stems from the date that the government first collected List 3 duties on September 24, 2018. 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. Few companies survive as long as the Stone family business has without evolving. 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. More specifically, the case of HMTX Industries LLC, et. 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. The lawsuit asks the CIT to vacate the List 3 tariffs, order to refund (with interest) of any List 3 duties paid by the plaintiffs, permanently enjoin the U.S. government from applying List 3 duties against the plaintiffs, and award plaintiffs’ costs and reasonable attorney fees. The lawsuit recognizes USTR’s broad authority to conduct Section 301 investigations of unfair trade practices and barriers and implement responsive tariffs. Do not send any information that you would have treated confidentially. If you are interested in filing a lawsuit to preserve your rights for potential duty refunds on List 4A goods, or if you have any questions about this matter, please contact one of the Faegre Drinker professionals below. 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]). 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. 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. (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.). On Sept. 10 lawyers at Akin Gump filed a lawsuit at the Court of International Trade on behalf of vinyl tile supplier HMTX Industries and their subsidiaries to challenge the extension of tariffs to cover the third list of goods from China subject to Section 301. 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. Through four generations, the Stone family has grown the business from humble beginnings to its stature today: a $800 million industry powerhouse. 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. The original HMTX Industries complaint focused only on Section 301 duties levied against List 3 imports. 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. al. 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. al. 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. In order to have the full site experience, keep cookies enabled on your web browser. Since the initial filing with the Court of International Trade (CIT) on September 10, 2020, over 3,400 additional complaints have been submitted causing the Department of Justice (DOJ) to suggest using an established set of procedures to efficiently process all of the motions. HMTX Industries, an importer of vinyl floor tiles, has filed a lawsuit in the U.S. Court of International Trade. 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. Legality of the construction marketplace, HMTX Industries LLC, et Trump 's new tariffs on Few! 20 and 30 on the docket of HMTX Industries LLC v. 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