TradeLane

As we reach the one-year pandemic mark here in the US, I’d like to congratulate you all on the ways that you’ve approached an unstable international trade environment. There were lots of curveballs thrown at us amidst an unprecedented disruption to the mechanics of most economies. There are additional hurdles in front of us, but recovery appears to be possible.

If I learned anything from 2020, it’s that I don’t know what is in store for the future. In the last few years, we went from talking about how the Trans-Pacific Partnership (TPP) would transform trade, to Brexit, to the trade war, to the global pandemic.

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.