Refunds May Be Available for Section 301 Tariff Duties - Deadline This Week

Benesch
Contact

BeneschThe potential for domestic U.S. importers to receive refunds of Section 301 duties paid on Chinese goods has captured the attention of the trade community. Sparked by a lawsuit filed last Thursday, many are hopeful for the eventual overturn of List 3 tariffs and a refund of duties paid. 

At the heart of this groundswell is a lawsuit filed by HMTX Industries LLC before the U.S. Court of International Trade. The suit alleges that the United States Trade Representative (“USTR”) unlawfully escalated the China trade war through imposition of List 3 and List 4a tariffs under Section 301 of the Trade Act. Specifically, the suit asserts that the USTR missed certain filing requirements under the Trade Act and also failed to observe the requirements of the Administrative Procedures Act. If successful, the lawsuit could result in termination of the additional duties and a refund of duties paid by the plaintiff.

Importers wishing to file a similar action in the interest of maximizing the potential of recovery (if any) face a very tight timeline. Out of an abundance of caution, the most conservative deadline for taking action to preserve any right to a refund is this Friday, September 18, 2020.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Benesch | Attorney Advertising

Written by:

Benesch
Contact
more
less

Benesch on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.