Background

There is still time for importers who have NOT filed a lawsuit in the Court of International Trade challenging the Section 301 tariffs on List 3 and 4A goods from China to do so.

While there was a rush to file claims related to List 3 imports prior to Sept. 24, 2020, we believe there are compelling legal arguments that this deadline does not apply to all List 3 claims. Nevertheless, importers of such goods should file as soon as possible. List 4A claims will not be questioned for timeliness if filed on or before Aug. 19, 2021, but we are encouraging those importers subject to List 4A tariffs to file now. 

For more information, or assistance filing your claim, please contact Larry Ordet, Lenny Feldman, Rob DeCamp, or David Cohen at 301Litigation@strtrade.com.

Background

For more than two years the U.S. has assessed additional tariffs on hundreds of billions of dollars’ worth of Chinese goods pursuant to Section 301 of the Trade Act of 1974. Although some exclusions from these tariffs have been approved, the vast majority of covered goods remain subject to these tariffs, which will continue to be assessed on future entries. 

However, in cases ST&R has filed, we have argued that the Section 301 tariffs on List 3 and List 4A goods (imports of which are collectively valued at more than $300 billion a year) were imposed in violation of the authority provided under the Trade Act of 1974 and the Administrative Procedures Act. We have specifically claimed that Congress did not empower the executive branch to transform investigations targeting specific practices by a foreign country (e.g., the Chinese intellectual property policies and practices that underlie the Section 301 tariffs) into a vast, unlimited trade war. Our case also asserts that in promulgating List 3 and List 4A the Office of the U.S. Trade Representative failed to follow required statutory provisions, making those actions invalid under the APA.

If this litigation is successful, refunds of all Section 301 tariffs paid on List 3 and List 4A goods, regardless of whether an exclusion was previously available or filed, will potentially become available.

Importers now have the opportunity to join this challenge and preserve their rights to such refunds by filing a complaint in the CIT. Sandler, Travis & Rosenberg is available to counsel importers and file these claims.

Copyright © 2020 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.

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