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. The case is HMTX Industries LLC et al. al., which was filed on September 10th. What is the Section 301 lawsuit about? HMTX Industries | 1,597 followers on LinkedIn. On September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. 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, … al. On September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. 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 … The strategy behind a “me-too” lawsuit is to file suit and then move to consolidate with the HMTX Industries case or stay the lawsuit pending the CIT’s disposition of the HMTX case. 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. On September 21, 2020, HMTX Industries amended its CIT complaint to include a challenge to Section 301 duties on “List 4A” imports. On September 10, 2020, HMTX Industries LLC et al v.United States (Court No. Start A Free Trial Login With Password. By continuing to browse this website you accept the use of cookies. 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. TO READ THE FULL STORY. © Faegre Drinker Biddle & Reath LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. 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. These lawsuits, if successful, may ultimately eliminate List 3 (and where applicable, List 4A) tariffs and result in refunds. Background. HMTX Industries has argued that it should be the test case as the first company to file the complaint. HMTX Industries is a global LVT manufacturer serving a diverse cross-section of the construction marketplace. 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. 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. 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. 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. 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 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. 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. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. 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. 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. 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. 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. Dedicated. 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. 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 (Ct. No. 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. The lawsuit recognizes USTR’s broad authority to conduct Section 301 investigations of unfair trade practices and barriers and implement responsive tariffs. October 12, 2020 October 8, 2020. 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. Do not send any information that you would have treated confidentially. Get alerts on US-China trade dispute when a new story is published Get alerts 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. The HMTX Industries Case. Section 301 CIT Litigation: Current Status and What’s Next? Serving a diverse cross-section of the construction marketplace, HMTX is raising industry standards for beautifully designed products and transparent operating practices. The case is HMTX Industries LLC et al. 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 … 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. Copies thereof are available at ECF Nos. The first company to do so was HMTX Industries LLC, under the lawsuit MTX Industries LLC, et. 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 of the Trade Act of 1974 (“Trade Act”). HMTX Industries, an importer of vinyl floor tiles, has filed a lawsuit in the U.S. Court of International Trade. 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. 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. Like the Section 301 tariffs suit, the HMT litigation involved thousands of parties and is seen as a likely model for CIT to follow (see 2009210025). 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. 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. v. United States (Court No. 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. 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 … Notes. 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. By browsing our site with cookies enabled, you are agreeing to their use. HMTX Industries is a global flooring company and leader in LVT innovation. 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. 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. § 2636(i). 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. al. The original HMTX Industries complaint focused only on Section 301 duties levied against List 3 imports. 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