On September 10, 2020, a lawsuit (Court No. 20-00177) was filed in the U.S. Court of International Trade (CIT) by two importers challenging the imposition of additional duties on Round 3 of Section 301 Tariffs. The plaintiffs alleged that the USTR did not have the legal authority to assess the additional tariffs. Specifically for Rounds 3 and 4A, the action argues that the USTR did not follow required statutory provision, which would make the tariffs invalid.
While the filing only covers tariffs on Round 3, this claim would also apply to goods listed on Round 4A. If successful, importers may be owed a refund of the additional duties already paid.
Generally, these refunds are requested via Post Summary Corrections or by filing a Protest, filings do have time limits. Since the legal action is expected to take considerable time to come to a conclusion, importers should file a claim for List 3 duties by September 18, 2020 to preserve the claim for potential refunds.
As this is a court filing and not a Customs action, importers should consult an attorney licensed to appear before the CIT. We can provide recommendations for a Customs Attorney upon request.
Need an overview of all the exclusions and their updated expirations?
We have all the exclusion information updated and ready for you! Go to CVI’s Exclusion Guide 2020 (view on desktop for optimal search). Don’t forget! You can also find Rachel Shames’ weekly market updates HERE.
CVI Exclusion Guide 2020CVI now has a free, complete guide to EVERYTHING you need to know for tariff rounds and exclusions, including:
- HTS Code
- Publish Dates
- Exclusion provision number per set list and round
- Effective & Extended Expiration Dates
The CVI Exclusion Guide 2020 provides you with a link to original USTR exclusion announcements with a breakdown of each excluded product.
Please let us know if you have any questions. We will be regularly updating this document via our website.