Background

Litigation challenging the Section 301 tariffs on List 3 and 4A goods from China is continuing to move forward, but importers can still preserve their rights to possible refunds of these tariffs by joining the case. For more information, or assistance filing your claim, please contact attorneys Larry Ordet, Lenny Feldman, Rob DeCamp, or David Cohen at 301Litigation@strtrade.com.

For several 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. Nearly all previous exclusions have expired and the tariffs are expected to remain in effect for the foreseeable future.

Litigation currently before the Court of International Trade argues that the tariffs on List 3 and List 4A goods were imposed in violation of the authority provided under the Trade Act of 1974 and the Administrative Procedures Act. On behalf of its clients, Sandler, Travis & Rosenberg is arguing 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 cases also assert 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.

ST&R is a member of the plaintiffs’ steering committee, which is working with the CIT to adopt further case management procedures. The court has set forth a schedule under which it will continue to gather information through mid-November, but the plaintiffs are pushing for a faster resolution, arguing that continued payment of the tariffs has harmed U.S. competitiveness, delayed investments, slowed the economy, caused job losses, and disrupted livelihoods.

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