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A recent lawsuit filed with U.S. Court of International Trade (CIT) is requesting the court find Section 301 List 3 duties unlawful and asks that refunds be given for any duties paid by the Plaintiff under List 3.

What the Plaintiffs are asking for:

  1. Declare that Defendants’ actions resulting in tariffs on products covered by List 3 are unauthorized by, and contrary to the Trade Act;
  2. Declare that Defendants arbitrarily and unlawfully promulgated List 3 in violation of the APA;
  3. Vacate the List 3 rulemaking;
  4. Order Defendants to refund, with interest, any duties paid by Plaintiffs pursuant to List 3;
  5. Permanently enjoin Defendants from applying List 3 against Plaintiffs and collecting any duties from Plaintiffs pursuant to List 3;
  6. Award Plaintiffs their costs and reasonable attorney fees; and
  7. Grant such other and further relief as may be just and proper.

Importers impacted by additional tariffs of List 3 may participate in the complaint; however, claims or complaints must be filed by the plaintiff within 2 years of the first action. Since the deadline to file for List 3 (83 FRN 47974) would fall on Sunday, September 20, 2020, we recommend interested parties file suit by Friday, September 18, 2020. For List 4A (84 FR 43304), the deadline to file suit would be on August 19th, 2021.