Supreme Court Denies Certiorari on Section 301 China Tariffs June 15, Preserving $300 Billion Annual Duties

The denial follows HMTX Industries' petition challenging USTR's use of Section 307 to expand the original list in response to Chinese retaliation. The Federal Circuit had ruled that the modification authority remained within the statutory scheme addressing the same unfair practices in technology transfer and IP. Primary records from the 2018 USTR Section 301 investigation document findings on forced technology transfer that justified the initial $50 billion tranche before expansion.

This outcome ensures continuity with prior policy even after the February IEEPA tariff ruling. USTR statements in May filings emphasized that modifications must address the evolving problem rather than create new ones, a position the Court left undisturbed. Data from US Customs shows the tariffs generated over $80 billion in revenue through 2024 while shifting sourcing to Vietnam and Mexico for electronics and apparel categories.

USTR Greer announced February 20 new Section 301 investigations targeting excess capacity, pharmaceuticals, and digital services across multiple partners. These actions connect directly to documented supply-chain concentration metrics from Commerce Department reports showing persistent China exposure above 60 percent in critical intermediates.

The decision removes one avenue of legal challenge but channels future tariff expansion through renewed investigations rather than emergency powers, sustaining the bilateral pressure structure without statutory overhaul.