On September 25, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its decision upholding tariffs imposed during President Trump’s first administration pursuant to Section 301 on goods imported from China. Specifically, the CAFC held that Section 301 Lists 3 and 4A tariffs were appropriate and a valid use of the government’s authority to “modify or terminate any action” taken under Section 301. According to the CAFC, “modify is indifferent to degrees of change and contains no inherent limitations…[and] is indifferent to the direction of change and encompasses both escalations and de-escalations in trade actions.” Because of this, the U.S. Trade Representative (“USTR”) acted appropriately when it increased Section 301 tariffs.

The CAFC also stated that the granted authority did not violate the non-delegation doctrine or the major questions doctrine.  

The CAFC also found that the USTR acted in accordance with the Administrative Procedures Act in implementing Lists 3 and 4A and properly responded to comments received on Lists 3 and 4A on remand at the Court of International Trade.

This case will likely be appealed to the Supreme Court by the lead plaintiffs. We will continue to monitor for developments and will provide updates as they become available.