United States Domestic Law Review of the 301 Measures Against China and Enlightenment about China's Response—Taking HMTX v.United States as an Example
The additional tariffs imposed on China by the United States under Section 301 have resulted in a series of lawsuits in the United States,and the U.S.Court of International Trade(CIT)chose HMTX v.United States as the example case.The CIT rejected the application of political question doctrine and thus affirmed its juris-diction over the tariff under Section 301,determining that China's retaliatory actions constituted act"related"to specific unfair trade policies and that the Office of the United States Trade Representative(USTR)didn't exceed its authority.The CIT held that the USTR didn't completely perform its obligation to fully explain its tariff imposition reason,and instructed the USTR to provide further explanation regarding its adequate response to comments submit-ted by stakeholders.The CIT ultimately found that the USTR's review decision complied with U.S.law,but the applied standard is relatively loose.Learning from this case,Chinese companies should make the most of public comment procedures and tariff exclusion procedures,and assist U.S.enterprises in resorting to U.S.domestic judi-cial procedures,so as to minimize the impact of additional tariffs.
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