Sep.18th Deadline – List 3 & 4 Importers to protect right to a Section 301 Refund

Posted by Jay Devers

A case brought by the law firm Akin Gump on behalf of a vinyl tile supplier could be the vehicle for importers to get Section 301 Refund on duties, but they must move quickly.

The deadline to file with the Court of International Trade is this Friday, September 18th.

In short, the suit alleges that while the USTR was in their right in the initial finding for the imposition of Section 301 additional duties, they are prohibited by law to a) impose duties outside the 12-month window from initial finding and b) impose additional duties for reasons unrelated to the original finding. In this case, the original finding was centered around intellectual property rights protections – or lack thereof. Subsequent additions to the lists were in response to retaliatory duties imposed by the Chinese government in response to US actions.

The suit, if successful, seeks a full refund of all Section 301 duties collected on goods imported under Lists 3 and 4. This would be huge.

The takeaway is that if your company has been paying Section 301 duties and your goods were on either List 3, List 4a, or both, it is in your best interest to file with the Court of International Trade protecting your right to a Section 301 refund.

Bestway International recommends that you contact your Customs counsel immediately. If your company does not have a Customs attorney of record, we can refer you to our firm or provide a shortlist of recommended firms.

Time is of the essence, though.



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