Filing Deadline For Importers Of Goods On Lists 3 And 4 To Protect Rights To Potential Full Refunds Of 301 Duties

A case brought before the Court of International Trade by a vinyl tile supplier has created an opportunity for importers to potentially recover all Section 301 duties paid on goods subject to lists 3 and 4.

The suit names the Office of the United States Trade Representative and Customs and Border Protection as defendants. The crux of the legal challenge is that Section 301 of the Tariff Act allows for action to be taken only in the 12 months following the finding by USTR and then, only for the reasons cited. In this case, it is the violation of intellectual property rights by Chinese exporters.

Subsequent lists—specifically lists 3 and 4 as cited in the suit—were imposed in response to retaliatory duties which were not part of the original 301 finding and, as such, should be invalidated and duties refunded.

As this requires the suit to be brought before the Court of International Trade, we encourage importers to immediately contact their Customs counsel to determine if filing a suit is in their best interest and to move quickly with the deadline just four short days away.

If your company does not have counsel of record, please contact Colin Ellis at TOC and he can provide you with a short list of recommended attorneys.