Background

The Court of International Trade is continuing to deliberate on a challenge to the Section 301 tariffs on List 3 and 4A goods from China, 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, a process to reinstate some exclusions is moving slowly, and the Biden administration has given no indication of any intent to remove or revise the tariffs.

Litigation currently before the CIT, first filed in 2020 and since joined by thousands of importers, 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. If the test case being considered by the CIT 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 manage case proceedings. Oral arguments in the case were held Feb. 1 and a decision could come by early this fall.

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