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

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, 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 are now expected to get underway in February 2022, and a decision could come later that year.

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