A court challenge was recently filed by a coalition of importers regarding Section 301 duties on various imports found on Tranches 3 and 4. These duties, imposed by the United States Trade Representative, were one part of a process that intended to address intellectual property abuses by China.
If these duties are found to be unlawful, the retroactive repayment of duties will only be available to importers who have filed a court challenge by Friday, September 18th.
The importer coalition claims that the duties ignored the statutory deadlines in Section 301 and that they were not imposed in response to intellectual property violations, but in response to retaliatory tariffs from China. If this claim is found to be true, such tariffs could be mitigated.
Considerations for You
Filing your own independent claim by Friday, September 18th could result in significant refunds, depending on how much your company may have paid in Section 301 duties. There are only a few days left to file.
If this interests you, please contact a local trade attorney for guidance.