If you are an importer with goods currently subject to Section 301 List 3 and 4A tariffs (valued at over $300 billion) you should contact your legal counsel and consider taking immediate action to file a claim within the next couple of days to preserve your right for refunds.
On September 10, 2020, a case was filed in the Court of International Trade (CIT) asserting that the List 3 and 4A tariffs violated the Trade Act of 1974 and the Administrative Procedures Act (APA) by failing to prove that there was an unfair trade practice which required a remedy and for failing to follow required statutory provisions making those actions invalid under the APA. Noatum’s partner, Husch Blackwell, has provided additional details on their International Trade Insights Blog.
Importers have a very narrow window to join this challenge and preserve a right to refund regardless if products were subject to exclusions. According to Husch Blackwell Partners Robert ‘Bob’ Stang and Jeffrey Neeley, “This is a case of first impression with significant hurdles. However, if the litigation is successful, then it will result in a refund of Section 301 List 3 duties paid and may extend to List 4A duties as well. Due to the two-year statute of limitations implicated in this case, potential plaintiffs need to decide whether to file a complaint within the next few days or lose their right to participate in the litigation.”
Based on this feedback from Bob and Jeffrey, we are encouraging those interested in joining this challenge to contact their legal counsel immediately to take action.