3,200+ importers file cases with the CIT!

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As you are aware, the HMTX Industries LLC, et al., v. U.S., action initiated Sept. 10, 2020, in the U.S. Court of International Trade (“CIT”) alleges the U.S. failed to comply with applicable law when it imposed the additional “List 3” and “List 4a” duties on certain imports from China. Since the filing, over 3,200+ importers have filed their own “piggyback” actions in the CIT.

As the 2-year limitations period likely expires this upcoming Thursday, September 24th, I expect many more importers to file additional cases.

If you paid 25% duties under the Section 301 List 3 and List 4A duties and want to also preserve your opportunity to receive a future refund – contact David Hsu immediately by phone/text at 832-896-6288 or by email at attorney.dave@yahoo.com, dh@gjatradelaw.com.

 

Get a refund of your List 3 and List 4A duties paid.

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A recent lawsuit filed in Federal court will address the question whether President Trump and his Administration lawfully imposed additional “trade war” duties on certain goods imported from China. The lawsuit alleges the goods included on “List 3” and “List 4A” were unlawfully enacted – and as such, importers who paid for the List 3 and 4A duties are entitled to a refund of duties paid with interest.

More specifically, the case of HMTX Industries LLC, et. al., v. US will determine whether the US did not comply with the applicable law when implementing the List 3 and List 4A duties on certain imports from China.

Importers who wish to preserve their opportunity to receive future refunds must act quickly to file their own “piggyback” actions in the CIT, as the lawsuit alleges a 2 year limitations period expiring Monday, September 21, 2020.

David Hsu and the trade law firm of Givens & Johnston stand ready to immediate file both CIT actions and CBP protests. To get the process started, contact David Hsu directly by phone/text to 832-896-6288 or by email at attorney.dave@yahoo.com,

I want to file a 301 exclusion – what info do I need to provide the USTR?

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As you are aware, the exclusion process for List 3 is now openuntil September. We have received a lot of exclusion requests and I thought I’d share the information the US Trade Representative (USTR) requires in order to review an exclusion request:

1. 10-digit subheading of the HTSUS applicable, use 8/10 digits (if there are different HTSUS 8 and 10 digit codes used, we will need a separate request)

2. Product name

3. Detailed description of the product: (1) physical characteristics (e.g., dimensions, weight, material composition, etc.). (2) Requestors may submit a
range of comparable goods within the product definition set out in an exclusion request. Thus, a product request may include two or more goods with
similar product characteristics or attributes. Goods with different SKUs, model numbers, or sizes are not necessarily different products.

4. The products function, application (whether the product is designed to function in or with a particular machine or other device), principal use, and any
unique physical features that distinguish it from other products within the covered 8-digit HTSUS subheading. Requestors may submit attachments that
help distinguish the product (e.g., CBP rulings, photos and specification sheets, and previous import documentation). Documents submitted to support a
Requestor’s product description must be made available for public inspection and contain no BCI. USTR will not consider requests that identify the
product using criteria that cannot be made available for public inspection.

5. Requestors must provide their relationship to the product (Importer, U.S. Producer, Purchaser, Industry Association, Other) and provide specific data
on the annual quantity and value of the Chinese-origin product, domestic product, and third-country product the Requestor purchased, in 2017, 2018,
and the first quarter of 2019.

6. Requestors must provide information regarding their company’s gross revenues for 2018, the first quarter of 2018, and the first quarter of 2019.

7 For imports sold as final products, Requestors must provide the percentage of their total gross sales in 2018 that sales of the Chinese-origin product
accounted for.

8. For imports used in the production of final products, Requestors must provide the percentage of the total cost of producing the final product(s) the
Chinese-origin input accounts for and the percentage of their total gross sales in 2018 that sales of the final product(s) accounted for. Required
information regarding the Requestor’s purchases and gross sales and revenue is BCI and the information entered will not be publicly viewable.

9. Whether the particular product is available only from China and whether the particular product and/or a comparable product is available from sources
in the United States and/or in third countries. The Requestor must provide an explanation if the product is not available outside of China or the Requestor
is not sure of the product availability.

10. Whether the Requestor has attempted to source the product from the United States or third countries.

11. Whether the imposition of additional duties (since September 2018) on the particular product has or will cause severe economic harm to the
Requestor or other U.S. interests.

12. Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.

If you have any questions about the exclusion request process, contact experienced attorney trade attorney David Hsu at 832-896-6288 or by email at dh@gjatradelaw.com.

Will the new US/China trade war truce lead to a trade deal?

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Two big newsworthy events happened over the weekend at the G20 summit. First, Trump said US companies could supply to Huawei (waiting for official guidance at the moment) and second, the US and China agreed to not enact any further tariffs (current proposed Section 301 List 4 duties) in the near future and to start a new round on trade talks.

This may sound like Groundhog Day, and it partially is. Last year at the Argentina G20 summit, Trump and Xi also reached a similar agreement. And the differences that prevented a deal to be reached in Argentina also exist today. Key issues such as intellectual property and China’s 2025 plan are two areas where the two countries still do not reach a consensus.

With an election looming a little over a year away, Trump may be waiting until after next November before moving forward with a final deal – in the meantime, Trump says the US is already benefiting from the tariffs as the US is “taking in a fortune”.

If you have any questions about any of the 232 or 301 duties and how they may impact your business. Contact experienced trade attorney David Hsu by phone/text at 832-896-6288 or by email at dh@gjatradelaw.com, attorney.dave@yahoo.com.