On July 6, the Court of International Trade (CIT) granted an injunction sought by the plaintiffs regarding the liquidation of entries subject to Lists 3 and 4A of the Section 301 tariffs. This action, granted after a two-to-one vote by a panel of three judges, allows for the suspension of liquidation for entries filed on behalf the plaintiffs in the case. Suspending the liquidations will add a safeguard to the handling of refunds should the case be decided in favor of the plaintiffs.
In granting the injunction, judges Kelly and Choe-Groves wrote: “Moreover, to give the parties time to implement appropriate procedures, gather pertinent information, and otherwise take necessary action to comply with this order, the court will temporarily restrain liquidation of any unliquidated entries of merchandise imported from China by any plaintiffs in the Section 301; cases which are subject to List 3 or List 4A duties.”
To review, the case involves the implementation of rounds 3 and 4A of the Section 301 tariffs for goods of Chinese origin. The attorneys for the plaintiffs have challenged the implementation of these rounds as contrary to regulation, therefore making them invalid. In February, the CIT had designated one sample case to represent the over 3,500 cases which had been filed at that time. This case continues to move forward.
Sam McClure, LCB
Director of Compliance & Customs Services
Need a refresher on tariff rounds and exclusions?
CVI 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. Check it out here!
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Meet one of CVI’s Customs Brokerage & Compliance experts, Sam McClure:
Sam serves as Director, Compliance and Customs Services for CVI. He serves as CVI’s corporate compliance officer and is responsible for overseeing all aspects of our Customs related services, including growth.
Sam started his career in 1977 with Waters Shipping Company in Charlotte, NC. He began as a document runner, soon becoming a leader in operations and customer service for the branch. Sam, along with Linda Masten, founded Central Carolina Shipping Inc. in 1983 as an independent Customs Brokerage firm where he served as Vice President for 26 years. Sam and Linda grew Central Carolina into a successful and highly respected member of the Carolinas trade community. When Charlotte opened their local chapter of the IFFCBA Sam was part of the organizing group and he headed the Customs committee for several years. Sam obtained his Customs Brokers License in 1984 and remained with Central Carolina until the company was acquired by CVI in 2009.
At CVI, Sam has held several positions in both the operations and sales departments. As an expert in U.S. Customs regulations, Sam is often called upon on to provide guidance to importers on Customs compliance issues. He makes regular presentations on matters related to importation and broader regulatory compliance.
– Sam McClure, LCB, Director of Compliance & Customs Services, CVI
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