Section 301 case filings with the CIT
At this point, the majority of Section 301 exclusions have expired. Importers who had previously utilized an exclusion likely began paying tariffs on January 1, 2021. However, there are some exclusions that are currently still in play:
Certain List 1 exclusions that were extended one year (before December 31, 2020 became the general expiration date):
- https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Extensions_for_Exclusions_Expiring_March_2020.pdf
- https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Extensions_for_Exclusions_Expiring_April_18%2C_2020.pdf
Certain COVID-19 exclusions that are valid through March 31, 2021:
The Biden administration isn’t going to be focusing on trade with China any time in the near future. I would also venture to say that once Katherine Tai’s confirmation as the new USTR is official, the current strategy likely will not change very much moving forward.
In the meantime, the tariffs on Chinese imports remain in place. The main questions are for many, “Should I join the other 3800+ case filings with the CIT regarding potential refunds?” “Have I missed the deadline?” “What are the chances of recouping any funds based on what I have paid to date on list 3 and 4a?”
The answer to the first question is: It’s entirely up to you, based on what you have paid to date on list 3 and 4a, and the subsequent cost to file. The answer to the second question is a bit more involved, “Have I missed the deadline to file a case?” To answer that: It’s still in discussion incorporating various legal definitions regarding the statute of limitations, and when the clock should have officially started in your particular case. For more information, here is a previous article written by one of the BLG Attorneys who is very familiar with case filings. Section 301 CIT Litigation: Current Status and What’s Next? (braumillerlaw.com)
The answer to the third question is quite simply “We don’t know.” There is no guarantee that there will be a favorable outcome for those who have filed, but it might give you a place in line. Keep in mind, we are in the early stages of what could be lengthy litigation.
If you decide that you would like to file, we can be of assistance. To date, Braumiller Law Group has filed over 150 cases with the CIT regarding Section 301 tariffs and the potential refund. To say the least, we are very familiar with the process. If you are interested, contact: [email protected]