1. “Whether the List 3 and 4A tariff actions exceeded Defendants’ authority under Section 307 of the Trade Act.” 2. “Whether USTR’s post hoc and conclusory submission on remand cured its failure to consider and respond to the most significant comments opposing the List 3 and 4A tariff actions in violation of the Administrative Procedure Act (‘APA’).”
1. “We . . . conclude that Section 307(a)(1)(C) independently authorized the Lists 3 and 4A tariff actions.”
2. “We further conclude that USTR’s remand redetermination complied with the trial court’s lawful remand order and supplied the necessary clarification to meet the APA’s requirements regarding notice-and-comment rulemaking.”
