As China Tariff Costs Pile Up, Importers Can Still Join Litigation Seeking Refunds

Litigation seeking to overturn Section 301 tariffs on hundreds of billions of dollars’ worth of imports from China is expected to continue into 2024, meaning importers of subject goods can still join this effort, which could ultimately yield refunds of duties imposed. ST&R will hold a webinar next week to review options for dealing with the tariffs in the meantime.

A case first filed in 2020 and since joined by thousands of importers argues that the Section 301 tariffs on List 3 and List 4A goods from China were wrongly imposed. In March 2023 the Court of International Trade ruled in favor of the federal government, leaving the tariffs in place for now. The case has since been appealed to the Court of Appeals for the Federal Circuit, where the plaintiffs filed their initial brief on July 17 and the government’s response is due by Oct. 27. The plaintiffs will then have a last opportunity to reply and the CAFC will subsequently schedule oral arguments, likely in early 2024.

If this case is ultimately successful, refunds of all Section 301 tariffs paid on List 3 and List 4A goods will potentially become available. Importers can still preserve their rights to possible refunds of these tariffs by joining the litigation. For more information, or assistance filing your claim, please contact attorneys Larry Ordet, Lenny Feldman, Rob DeCamp, or David Cohen at 301Litigation@strtrade.com.

In the meantime, efforts to ameliorate the impact of the tariffs are continuing.

– ST&R is advocating for the renewal of all previously approved exclusions and the creation of a process allowing for new exclusion requests (for more information, please contact strdc@strtrade.com).

– There are a number of proven and legitimate ways to effectively avoid the tariffs or limit their impact. ST&R will be conducting a webinar Oct. 19 that will review in more detail three specific actions companies can take.

– Hundreds of tariff exclusions have been extended through Dec. 31.

– An ongoing USTR review could result in changes to the tariffs.