Whether the Trade Act of 1974 permits the United States Trade Representative to unilaterally impose and modify punitive tariffs on imports from a trading partner without congressional oversight or specific legislative authorization

No question identified. : JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is HMTX Industries, LLC v. United States, 156 F.4th 1236 (Fed. Cir. 2025) (attached as Exhibit 1). JURISDICTION This Court will have jurisdiction over any timely filed petition for a writ of certiorari in this case pursuant to 28 U.S.C. § 1254(1). Under Rules 13.1, 13.3, and 30.1 of the Rules of this Court, a petition for a writ of certiorari is currently due to be filed on or before December 24, 2025. Under Rule 13.5, a Justice may extend the time to file the petition for a period not exceeding 60 days, if the application is filed for good cause at least 10 days before the date the petition is due. This application is being filed for good cause more than 10 days before the date the petition is due, and it seeks an extension for a period not exceeding 60 days. BACKGROUND 1. In Section 301 of the Trade Act of 1974, Congress delegated to the United States Trade Representative (“USTR”) the authority to take action, including the imposition of duties on trading partners, to address certain trade practices. 19 U.S.C. § 2411. Under Section 301(a), USTR is required to take action if a trading partner violates a trade agreement, denies the United States rights under a trade agreement, or adopts an act, policy, or practice that is unjustifiable and burdens or restricts U.S. commerce. 19 U.S.C. § 2411(a). Under Section 301(b), USTR has the discretion to take action if a trading partner adopts an act, policy, or practice that is unreasonable or discriminatory and burdens or restricts U.S. commerce, so long as USTR determines that the action taken by the United States (such as duties or other 2 import measures) is appropriate. 19 U.S.C. § 2411(b). USTR must make findings that the justifications for taking action are met following an investigation during which interested parties may present their views and participate in a public hearing, and USTR must consult with the foreign country and appropriate private and nonFederal governmental committees. 19 U.S.C. §§ 2411-2414. Under Section 307, Congress authorized USTR to “modify or terminate any action” taken under Section 301 if (A) any of the conditions that would excuse mandatory action exist, (B) the burden or restriction on U.S. commerce of the denial of rights or of the investigated acts, policies, and practices that justified the Section 301 action has increased or decreased, or (C) the action taken is discretionary and is no longer appropriate. 19 U.S.C. § 2417(a). 2. From 2017 to 2018, the Office of the United States Trade Representative investigated certain acts, policies, and practices by China related to intellectual property, innovation, and technology transfer. Notice of Determination and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 83 Fed. Reg. 14,906, 14,906-14,907 (Apr. 6, 2018). At the conclusion of that investigation, USTR found that the investigated acts, policies, and practices constituted unreasonable or discriminatory conduct that burdened or restricted U.S. commerce. Id. at 14,907. USTR took discretionary action under Section 301(b) by imposing 25% duties on approximately $50 billion in annual imports from China identified across two lists of Harmonized Tariff Schedule (“HTS”) codes (referred to as List 1 and List 2). See Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 83 Fed. Reg. 28,710, 28,711-28,712 (June 20, 2018); Notice of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 83 Fed. Reg. 40,823, 40,823-40,824 (Aug. 16, 2018). In response to th