Importers seeking refunds of section 301 duties for exclusions that were issued after the subject entries have liquidated and after the protest period has expired may have difficulties in duty recovery through any existing post-entry mechanism. One importer has even filed a suit at the Court of International Trade to compel CBP to reliquidate such entries so that they can benefit from the exclusions, but the result of that case is unknown at this time.
It’s been an extraordinary year in international trade. Higher duties, more complex supply chains driven by trade actions, and a pandemic that has left many businesses understaffed in important areas.
As we continue to see challenges in the news with international trade, I must remind you that along with the darkness, there is some light for importers. While the United States Section 301 China duties remain in place, the US Trade Representative has published more than 40 exclusion lists, impacting the vast majority of both large and small importers.
As many of our readers are aware, on April 19th, 2020, US Customs and Border Protection (CBP) announced the postponement of duties for formal entries of merchandise entered, or withdrawn from a warehouse for consumption in March and April 2020 for importers experiencing significant financial hardship due to COVID-19.
After what seemed like a relatively calm few weeks in International Trade (relatively speaking), the winds have suddenly picked up, catching many off guard this morning and wondering if we were simply in the eye of the storm all this time. So, what happened?