Litigation challenging the Section 301 tariffs on List 3 and 4A goods from China will resume its forward march in early 2022, 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 goods imported from China pursuant to Section 301 of the Trade Act of 1974. Nearly all previous exclusions from these tariffs have expired, and the Biden administration has indicated that the tariffs are likely to remain in effect for the foreseeable future.
Litigation currently before the Court of International Trade, first filed in 2020 and since joined by thousands of importers, argues that the Section 301 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. If the test case being considered by the CIT is successful, refunds of all such tariffs, regardless of whether an exclusion was previously available or filed, will potentially become available.
Both sides have now filed their written arguments on the merits of this case. Oral arguments are scheduled for Feb. 1 and a decision could come by early fall 2022.
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