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It's Not Too Late to File for China Tariff Refunds on List 3 and 4A

Published: Tuesday, September 29, 2020

There is still time for importers who have NOT filed a lawsuit in the Court of International Trade challenging the Section 301 List 3 and 4A tariffs to do so. We are now filing such actions for those on List 3 who missed this earlier date and for those importers who still have not filed for List 4A.

While there was a rush to files claims related to List 3 imports last week prior to one possible early deadline (September 24, 2020), we believe there are compelling legal arguments that can be asserted to the Court that this early deadline clearly does not apply to all List 3 claims, and may, in the final analysis, not apply to any claims. Such importers should file as soon as possible.

List 4A claims will not be questioned for timeliness if filed on or before August 19, 2021. Notwithstanding this later 2021 deadline, we are encouraging those importers subject to List 4 tariffs to file now.

For more information, or assistance filing your claim, please contact Larry Ordet, Lenny Feldman, Rob DeCamp or David Cohen at 301Litigation@strtrade.com

BACKGROUND

For more than two 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. Although some exclusions from these tariffs have been approved, the vast majority of covered goods remain subject to these tariffs, which will continue to be assessed on future entries. 

However, in cases ST&R has filed, we have challenged that the Section 301 tariffs on List 3 and List 4A goods (imports of which are collectively valued at more than $300 billion a year) were imposed in violation of the authority provided under the Trade Act and the Administrative Procedures Act. In the cases we have filed, we have specifically claimed 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 case also asserts 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 Administrative Procedures Act.

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 become available.

Importers now have the opportunity to join this challenge and preserve their rights to such refunds by filing a complaint in the Court of International Trade. Sandler, Travis & Rosenberg is available to counsel importers and file these claims.

Charles L. Crowley
Sandler, Travis & Rosenberg, P.A.
Country:
New York, USA
Practice Area:
International Trade
Website:
www.strtrade.com
Phone Number:
212-549-0134
Email:
Fax:
N/A
CHARLES CROWLEY is a member of Sandler, Travis & Rosenberg, P.A., resident in the New York office. As a nationally-recognized authority on international trade and business law, Mr. Crowley has substantial experience leading and directing global trade and customs practices. He concentrates his practice on assisting multinational corporations with a wide variety of customs and international trade activities, including international supply chain security and management, intellectual property rights, import/export process management, antidumping and countervailing duty matters, unfair trade actions and anti-corruption compliance. In addition, Mr. Crowley provides counsel to clients on customs issues such as first sale and other valuation matters, duty refunds and tax/tariff reductions, foreign-trade zones and customs audits. He also advises clients on penalty matters and brings considerable insight to these issues as a former attorney with U.S. Customs and Border Protection’s Office of Regulations and Rulings and as a licensed U.S. Customs Broker in good standing since 1999.
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