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Filings Based on the Legal Action Taken Against Section 301 Rounds 3 and 4B Continue

Though the reported deadline to submit a case on Round 3 of the additional tariffs to the Court of International Trade has passed, interested importers are being encouraged to continue to seek action. Many attorneys are of the opinion that a party does not acquire standing to sue until they suffer an actual “injury in fact”; meaning an actual payment of the additional tariffs. Following this reasoning the two year statute of limitations is still open for most of the entries in which the Section 301 tariffs were paid.

This is a complex case with many questions still left unanswered regarding when and how an importer should seek relief. Secondly, the outcome of the case is far from certain. Should you want to investigate your options further please contact a Customs Attorney or contact us for a referral. At this point, nearly 4,000 individual cases have been submitted to the court with more expected to follow.

Filings for goods entered under Round 4B of the tariff even by the most conservative standards can still be submitted.


Short List of Exclusion Extensions Announced

The USTR has released two short lists of extensions for certain exclusions to the Section 301 China Tariffs. The list covering goods on Round 1 contains only nine exclusions, all but one limited to the written description. These exclusions will now be entered under provisional tariff number 9903.88.60. The list of exclusion extensions for goods on Round 2 covers 28 products each of which is a limited exclusion. This list has been assigned provisional number 9903.88.61

Both of the extension sets are now scheduled to expired on December 31, 2020, after the original exclusions expired on October 2, 2020. The tariff reductions based on the new provisional numbers can be claimed once Customs has updated the tariff in the ACE system. Once again, electrical motors fared very well while the majority of the exclusions were allowed to expire. The USTR did state that further extensions may be considered.


Expiration & Renewal of the CBTPA Trade Agreement 

The House and Senate have passed an extension of The Caribbean Basin Trade Partnership Act (CBTPA) to Sept. 30, 2030. The legislation now only requires the signature of the President to become law.  The On Sept 30 the CBTPA was allowed to expire due inaction on an extension.  This act granted additional preferential treatment for some Caribbean Basin Economic Recovery Act (CBERA) eligible countries. Imports from the following countries may be affected by this action:

  • Barbados
  • Belize
  • Curacao
  • Guyana
  • Haiti
  • Jamaica
  • St Lucia
  • Trinidad & Tobago
These countries are still covered under the CBERA trade agreement but would have lost the additional preferences provide by CBTPA without the extension.

Sam McClure, LCB
Director of Compliance & Customs Services

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