April 2022: Latest on Section 301 China Tariffs

CIT Issues Response to Lawsuits Challenging List 3 & 4A

The Court of International Trade issued an opinion and order in response to over 3,000 lawsuits that challenged the U.S. Trade Representative (USTR) authority to impose Section 301 tariffs on List 3 and 4A.  The court ruled against the plaintiffs who argued that the USTR could not impose Section 301 tariffs because the government was responding to retaliatory tariffs from China.

However, the court has sent the matter back to the USTR after ruling that the USTR failed to adequately respond to comments submitted in advance of the Section 301 tariffs.  The tariffs will remain in place for now while the USTR reconsiders its actions pertaining to its failure to respond to comments.  The USTR has until June 30^th to respond to the court’s order.

9903.88.67: Extended Product Exclusions Available April 12th

On April 12, importers via their customs broker can begin requesting refunds on eligible customs entries and applying exclusions associated with HTS 9903.88.67. The extended exclusions are effective from Oct 12, 2021 – Dec 31, 2022. 

Read our Trade Alert for more information. 

Frequently Asked Questions

How is a refund request of Section 301 duties processed?

How much of a refund will I get back from U.S. Customs?

How long does it take to receive a refund?

When is the Section 301 China tariff action scheduled to expire?

What product exclusions are available?