Importer Challenges The Legality of China SEC 301 Duties In Court

Posted on Sep 15

Importer Files Lawsuit In The CIT to Challenge The Legality of China SEC 301 Duties

Late yesterday afternoon, several law firms specializing in Customs and Trade Law announced pending litigation in the Court of International Trade regarding the legality of China Section 301 duties for List 3 and List 4A goods. In the complaint, the lead plaintiffs, HMTX Industries LLC and two of its subsidiaries are requesting an order that the duty assessments be voided and that all Section 301 amounts paid by the importers be refunded. If this litigation is successful, it could result in refunds of all Section 301 tariffs levied to date on List 3 and List 4A goods from China, regardless of whether or not a timely protest was filed.

Other importers also have the opportunity to join this challenge and preserve their rights to such refunds by filing their own timely complaint.

The window of opportunity is very narrow however, and importers must file their own independent claims with the CIT to preserve their potential refunds by Friday, Sept. 18.

While there are no guarantees that this litigation will be successful or how long it might to wind its way through the court, the clock is ticking, so if you think you may be interested in joining the challenge you should act now and contact a Customs lawyer immediately.

Please contact your V. Alexander account team with any questions and follow us on our website for updates on this and other topics.

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