List 4A

Diaz Trade Law Now Filing List 4A Complaints – Join Section 301 Refund Lawsuit Now to Demand Refunds

301 Lawsuit Background

In mid-September, a coalition of importers filed a Court challenge to the USTR’s imposition of Section 301 duties on certain imports from China under Lists 3 and 4.  These duties were imposed as part of a process purportedly intended to address intellectual property abuses by China.  Specifically, this coalition has claimed that these duties were imposed contrary to law and ignored the statutory deadlines in Section 301.  Further, the coalition has argued that these duties were not imposed in response to the intellectual property violations alleged in the initiation notice, but rather were filed in response to the retaliatory tariffs enacted by China.  Accordingly, the coalition argues, such tariffs were void from the initial imposition.

Since the original coalition filed the lawsuit, over 3,500 complaints have been filed impacting more than 10,000 plaintiffs, including over a hundred of Diaz Trade Law’s clients. Due to the nature of U.S. law, if the challenge is upheld, retroactive relief will only be available to those parties that have filed a court challenge. Diaz Trade Law filed these complaints under a statute of limitations theory which dictated that any challenge must be filed within 2 years of the Government Action. To ensure consideration, a Court case should have been filed by Monday, September 21, 2020. If you have not yet filed a case, there are alternate theories which would justify a later filing date, albeit with some additional risk. If you have not yet filed an action, you should do so quickly.

Who Can Join the List 4A Lawsuit?

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BREAKING NEWS: China Trade War Update – List 4A Reduced to 7.5% and List 4B will NOT become effective on 12/15

We have been monitoring for a news update on whether U.S. & CHINA reached a “PHASE ONE DEAL” since we last wrote about it on October 11, 2019. Two months later, the USTR published a press release confirming that the United States and China have reached an historic and enforceable agreement on a Phase One trade deal and President Trump tweeted the announcement noting that this “is an amazing deal for all”.TP Tweet

What does the “Phase One Deal” Include?

  • The deal requires structural reforms and other changes to China’s economic and trade regime in the areas of intellectual property, technology transfer, agriculture, financial services, and currency and foreign exchange.
  • The Phase One agreement also includes a commitment by China that it will make substantial additional purchases of U.S. goods and services in the coming years.
  • Importantly, the agreement establishes a strong dispute resolution system that ensures prompt and effective implementation and enforcement.
  • The United States has agreed to modify its Section 301 tariff actions in a significant way.

What is the Impact on Section 301 Tariffs?

  • Lists 1, 2, 3 will continue to be subject to 25% tariffs
    • Approximately $250 billion of Chinese imports
  • List 4A has been reduced to 7.5% from 15%
    • Approximately $120 billion of Chinese imports
    • The effective date for the reduced tariff has NOT been announced.
  • List 4B will not become effective on December 15.

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BREAKING NEWS: EXCLUSION PORTAL TO OPEN FOR LIST 4A

 

portalUSTR announced it will open the exclusion request process for HTS’s on List 4A. List 4A includes products covered by Annex A of the August 20, 2019 notice (84 FR 43304)  that are subject to 15% duty as of September 1, 2019.

List 4 has a total of 300 Billion worth of products and includes both lists 4A & 4B. 15% duties for List 4B (products covered by Annex C of the August 20 notice) are effective December 15, 2019, and no exclusion process has yet been discussed for 4B.

Exclusion portal opens October 31, 2019, and closes on January 31, 2020.

Contact us today to get your request in timely!

DTL helps clients strategize how to identify the strongest argument to persuade the government in granting your exclusion request. DTL was active in assisting clients submit exclusion requests for List 3.

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List 4 Split into Two HTS Lists

USTRAs published by the USTR TODAY: USTR Announces Next Steps on Proposed 10 Percent Tariff on Imports from China

The United States Trade Representative (USTR) today announced the next steps in the process of imposing an additional tariff of 10 percent on approximately $300 billion of Chinese imports.

On May 17, 2019, USTR published a list of products imported from China that would be potentially subject to an additional 10 percent tariff.  This new tariff will go into effect on September 1 as announced by President Trump on August 1.

Certain products are being removed from the tariff list based on health, safety, national security and other factors and will not face additional tariffs of 10 percent.

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