Section 301 Tariff Update

Section 301 Tariff Update

Extension on Certain Exclusions until 12/31/20 for List 3 and List 4

In terms of LIST 3, on September 10, 2020, three importers filed a complaint at the U.S. Court of International Trade (CIT), HMTX Industries LLC et al. v. United States, which challenges the procedural steps and authority of the U.S. Trade Representative (USTR) to assess Section 301 duties against so-called “List 3” imports of a wide range of products from China.

If the plaintiffs win, this could eliminate List 3 duties and result in refunds to the plaintiffs. Importers may also have an opportunity to get refunds and halt future duties. However, given the jurisdictional basis for this lawsuit, importers that wish to pursue a similar legal action need to file suit by September 21, 2020 in order to preserve their right to possible relief. Learn more about this lawsuit at the website of Faegre Drinker.

Section 232 Refunds

Section 232 Refunds

Businesses with an approved submission by the US government can follow a process to pursue a refund of tariffs paid for a particular steel or aluminum item. The refund is related to a specific approved product exclusion and retroactive to the submission post date. The sooner these exemptions were submitted and posted on the Section 232 government site, the more that can possibly be recovered.

The process isn’t quick or extremely clear; therefore, it’s recommended to work with the supplier of the raw material to help work through the documentation process. They have likely already gone through the process and understand the best channels to get results. The government continues to review submissions and approve (or reject) them. This means it’s worth checking the site periodically for new approvals. The Docket ID is BIS-2018-0006.

Contact us if your business would like assistance determining the status of a submission.