Member Vetting Process
Log In
About
Members
News
Awards
Contact
Member Vetting Process
Log In
Log In
Member Search
Specialism
Law Firm
Advisory Firm
Country
Afghanistan
Albania
Algeria
Angola
Anguilla
Antigua and Barbuda
Argentina
Armenia
Aruba
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belgium
Belize
Bermuda
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
British Virgin Islands
Bulgaria
Cameroon
Canada
Cayman Islands
Chile
China
Colombia
Congo (Dem. Rep.)
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Djibouti
Dominican Republic
Egypt
El Salvador
Estonia
Finland
France
Germany
Ghana
Gibraltar
Greece
Guatemala
Hong Kong
Hungary
Iceland
India
Indonesia
Iran
Israel
Italy
Jamaica
Japan
Jersey
Kenya
Korea (South)
Kosovo
Kuwait
Lebanon
Liechtenstein
Luxembourg
Macau
Macedonia
Madagascar
Malaysia
Malta
Mauritania
Mauritius
Mexico
Monaco
Morocco
Netherlands
New Zealand
Nicaragua
Nigeria
Norway
Pakistan
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Qatar
Republic of Ireland
Romania
Russia
Saint Kitts and Nevis
Saint Lucia
Saudi Arabia
Senegal
Serbia
Seychelles
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Taiwan
Tanzania
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey
Turks and Caicos Islands
UAE
Uganda
UK
Ukraine
Uruguay
USA
Vietnam
Zimbabwe
Practice Area
Abuse of Dominance
Accountancy
Accounting and Tax
Acquisition Finance
Administrative
Admiralty
Agribusiness
AI
Alternative Asset Management
Alternative Dispute Resolution
Alternative Finance
Arbitration
Art
Asset Protection
Asset Protection Structures
Audit & Assurance
Audit & Finance
Audit and Accounting Services
Audit and Administration
Aviation
Banking & Finance
Banking Litigation
Bankruptcy
Broker Risk Management
Business
Business Formation
Business Immigration
Capital Markets
Citizenship
Citizenship by Descent
Civil
Civil Litigation
Civil Rights
Commercial
Commercial Arbitration
Commercial Contracts
Commercial Leasing
Commercial Litigation
Commercial Litigation
Commercial Property
Commercial Real Estate
Commercial Tenancy
Commodities Trading
Commodity Disputes
Company
Company & Fund Administration
Company Formation
Competition
Compliance
Compliance & Regulatory
Construction
Contentious Probate
Contract
Contractual Disputes
Copyright
Corporate
Corporate Accountant & VAT
Corporate Criminal
Corporate Finance
Corporate Governance
Corporate Immigration
Corporate Investment
Corporate Restructuring
Corporate Risk Management
Corporate Services
Corporate Support Services
Corporate Tax
Costs
Criminal
Criminal Defence
Criminal Fraud
Cross Border Estates
Cross-Border
Cross-Border Transactions
Cultural Property
Customs Advisory
Data & Innovation
Data Privacy
Data Protection
Debt Collection
Debt Recovery
Defence & Security Procurement
Digital Transformation Consultancy
Dispute Resolution
Divorce
Domestic & International Tax
Due Diligence
Economic Criminal
Employee Benefits
Employment
Employment Litigation
Energy
Energy & Natural Resources
Environmental
ERISA & Employment Benefits
Estate Planning
European
Expert Witness Property Valuation
Family
Fiduciary
Financial Services
Financial Services & Regulatory
Financial Transactions
FinTech
Fiscal
Foreign Direct Investments
Foreign Investments
Franchise
Fraud
Full Service
Fund Administration
Gaming
Health & Safety
Healthcare
Healthcare M&A
Hedge Funds
Human Rights & Labour Rights
Immigration
India Desk
Industrial Relations
Information Technology
Infrastructure
Inheritance
Insolvency
Insurance
Insurance & Reinsurance
Insurance Litigation
Intellectual Property
International Arbitration
International Business
International Corporate
International Debt Collection
International Dispute Resolution
International Employment
International Franchise
International Fraud
International Litigation
International Private
International Real Estate
International Succession
International Tax
International Tax Planning
International Trade
International Trade & National Security
Investigations
Investment
IP Litigation
IT
IT Services
Joint Ventures
Labour & Employment
Leasehold Enfranchisement
Legal Malpractice
Legal Risk Management
Life Science Patent
Life Sciences
Litigation
Litigation & Arbitration
M&A
Maritime
Maritime Arbitration
Matrimonial
Media & Entertainment
Mediation
Mediation & Arbitration
Medical Malpractice
Mining
Neuroradiology Expert Witness
New Technologies
Oil & Gas
Orthopaedic Expert Witness
Patent Litigation
Patent Prosecution
Patents
Payroll Accounting
Personal Injury
Personal Injury - Plaintiff
Pharmaceutical Sector Patents
Pharmaceuticals & Life Sciences
Private Client
Private Equity
Private Funds
Probate & Inheritance
Products
Project
Project Finance
Property Valuation
Public Procurement
Real Estate
Real Estate - Property
Regulatory
Regulatory & Compliance
Renewable Energy
Restructuring
SaaS/PaaS
Securities
Securities Litigation
Shipping & Admiralty
Shipping & Maritime
Shipping Finance
Sports
Start Up
Succession
Tax
Tax Litigation
Tax Planning
Tax Relocation
Tax Services
Tax Structures
Technology
Telecommunications
TMT
Trademark
Transaction
Transfer Pricing
Transportation
Trust & Estates
Trust Administration
Venture Capital
Wealth & Estate Planning
Wealth Management
Wealth Planning
Whistleblower
White Collar Crime
Wills, Trusts & Estate Planning
Workers Compensation
Workplace Law & Investigations
It's Not Too Late to File for China Tariff Refunds on List 3 and 4A
Published: Tuesday, September 29, 2020
There is still time for importers who have
NOT
filed a lawsuit in the Court of International Trade challenging the Section 301 List 3 and 4A tariffs to do so. We are now filing such actions for those on List 3 who missed this earlier date and for those importers who still have not filed for List 4A.
While there was a rush to files claims related to List 3 imports last week prior to one possible early deadline (September 24, 2020), we believe there are compelling legal arguments that can be asserted to the Court that this early deadline clearly does not apply to all List 3 claims, and may, in the final analysis, not apply to any claims. Such importers should file as soon as possible.
List 4A claims will not be questioned for timeliness if filed on or before August 19, 2021. Notwithstanding this later 2021 deadline, we are encouraging those importers subject to List 4 tariffs to file now.
For more information, or assistance filing your claim, please contact Larry Ordet, Lenny Feldman, Rob DeCamp or David Cohen at
301Litigation@strtrade.com
BACKGROUND
For more than two years the U.S. has assessed additional tariffs on hundreds of billions of dollars’ worth of Chinese goods pursuant to Section 301 of the Trade Act of 1974. Although some exclusions from these tariffs have been approved, the vast majority of covered goods remain subject to these tariffs, which will continue to be assessed on future entries.
However, in cases ST&R has filed, we have challenged that the Section 301 tariffs on List 3 and List 4A goods (imports of which are collectively valued at more than $300 billion a year) were imposed in violation of the authority provided under the Trade Act and the Administrative Procedures Act. In the cases we have filed, we have specifically claimed that Congress did not empower the executive branch to transform investigations targeting specific practices by a foreign country (e.g., the Chinese intellectual property policies and practices that underlie the Section 301 tariffs) into a vast, unlimited trade war. Our case also asserts that in promulgating List 3 and List 4A the Office of the U.S. Trade Representative failed to follow required statutory provisions, making those actions invalid under the Administrative Procedures Act.
If this litigation is successful, refunds of all Section 301 tariffs paid on List 3 and List 4A goods, regardless of whether an exclusion was previously available or filed, will become available.
Importers now have the opportunity to join this challenge and preserve their rights to such refunds by filing a complaint in the Court of International Trade. Sandler, Travis & Rosenberg is available to counsel importers and file these claims.
Share on Facebook
Share on Twitter
Share on LinkedIn
Charles L. Crowley
Sandler, Travis & Rosenberg, P.A.
Country:
New York, USA
Practice Area:
International Trade
Website:
www.strtrade.com
Phone Number:
212-549-0134
Email:
ccrowley@strtrade.com
Fax:
N/A
CHARLES CROWLEY is a member of Sandler, Travis & Rosenberg, P.A., resident in the New York office. As a nationally-recognized authority on international trade and business law, Mr. Crowley has substantial experience leading and directing global trade and customs practices. He concentrates his practice on assisting multinational corporations with a wide variety of customs and international trade activities, including international supply chain security and management, intellectual property rights, import/export process management, antidumping and countervailing duty matters, unfair trade actions and anti-corruption compliance. In addition, Mr. Crowley provides counsel to clients on customs issues such as first sale and other valuation matters, duty refunds and tax/tariff reductions, foreign-trade zones and customs audits. He also advises clients on penalty matters and brings considerable insight to these issues as a former attorney with U.S. Customs and Border Protection’s Office of Regulations and Rulings and as a licensed U.S. Customs Broker in good standing since 1999.
View Profile
Member Introduction
Richard H. Steen
The ADR Lawfirm
New Jersey, USA
View Profile
Gordon McAuley
Williams & Gumbiner LLP
California, USA
View Profile
Ruben Flores
FGA Attorneys & Advisors
Texas, USA
View Profile
Mark Krasner
Blanchard, Krasner and French
California, USA
View Profile
The Lawyer Network in numbers
0
+
Members Firms
0
+
Countries
0
+
Practice Areas
0
+
Member Firms
Total Staff