Background

U.S. Trade Representative Katherine Tai indicated in an Oct. 4 speech that the Section 301 tariffs on more than $350 billion worth of goods imported from China will remain in effect for the foreseeable future. However, importers of subject goods can still join a landmark case that could result in refunds of some of those tariffs. For more information, or assistance filing a claim of your own, please contact attorneys Larry Ordet, Lenny Feldman, Rob DeCamp, or David Cohen at 301Litigation@strtrade.com.

The litigation, 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 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.

Under a recent court ruling, importers of subject goods that are participating in this litigation don’t have to submit entry information for subject entries, saving both them and the government substantial time and effort. However, entry data going back to the inception of the tariffs (Sept. 24, 2018, for List 3 and Sept. 1, 2019, for List 4A) must still be maintained for possible future proof of claims if refunds are authorized.

Sandler, Travis & Rosenberg is a member of the plaintiffs’ steering committee that worked to obtain this result and is continuing to collaborate with the court and the government to move the case along. The CIT 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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