301 Refunds: Protest vs Lawsuit

arrow Go back

301 Refunds: Protest vs Lawsuit

Author:

15-Oct-20

301 Refunds: Protest vs Lawsuit

From when they were first introduced the 301 tariffs have sparked a great deal of discussion and it appears that this trend will continue.

Originally the conversations centered on a few topics such as the filing deadlines for the lawsuits, whether or not a favorable outcome would apply to all importers or just those who participated in the lawsuits and the distinct potential for a lengthy legal process

As the experts continue to review the law, prior cases and decisions, additional sidebar and procedural issues have been brought forward. Various filing deadlines have been proposed including the concept that the deadline should be based on the individual entry and its liquidation date. There is debate that lodging a protest, the traditional vehicle CBP uses to process refunds, is the way to go. Many have said, that to be safe, an importer should do both. Participate in the lawsuit and file protests on all impacted entries, past, present and future.

And as part of their overall game plan, an importer should review items found on both List 3 and 4A.

You are not alone if you are finding it difficult to keep up, not sure which direction to take. John S. Connor is fully aware that for many of our clients, the 301 tariff actions involve a long list of products and entries which could potentially trigger a significant refund.

The John S. Connor Compliance Team understands that determining what action to take in regards to the 301 tariffs is an important business decision. There are costs involved and an unknown such as the potential refund your company may be entitled to, only adds to the uncertainty.

Our compliance team strongly recommends that any party interested in a 301 refund, contact us immediately at compliance@jsconnor.com The John S. Connor Compliance Team will not only generate a 301 potential duty refund report for your company but we will also review it with you.

In addition, our experts will walk you through the various options available to you and answer your questions. We will discuss protest filing with you and can provide a recommendation for a law firm if your company wants to participate in the legal challenges.

John S. Connor appreciates that the situation is unusual and fluid. We also caution that success in this matter is subject to favorable rulings by the Court of International Trade (CIT) and possibly a long appeals process.

Timing is of utmost importance. The deadline issue has not been resolved and regardless of which 301 List is involved or the status of the various lawsuits, protests are to be filed within 180 days of liquidation.

As always, the John S. Connor Compliance Team is available to answer your questions and can be reached at compliance@jsconnor.com