P.A.E.I. and Tuttle Law

Present

A “Hot Topics” Webinar 

Update on China Section 301 Litigation: History in the Marking or a Big Bust?

Thursday, October 22, 2020
10:30 a.m. to 12:00 p.m. Pacific time (1:30 to 3:00 p.m. Eastern time)

It is not often that we have a front-row seat to history-making litigation, but the current legal challenge first filed in the United States Court of International Trade (“USCIT”) on September 10, 2020, by HMTX Industries LLC and its subsidiaries Halstead New England and Metroflor Corporation promises to be one of these cases. The case contests the legality of President Trump’s Section 301 duty assessments against China imports under Tranches 3 and 4A, which were imposed on imports beginning September 24, 2018. Quickly following thereafter, an additional 3,400 plus cases have been filed with the Court with perhaps more to come. Not since the 1998 case of the United States v. United States Shoe Company and its challenge to the Harbor Maintenance Fee on exports have we seen a trade case that may reach the U.S. Supreme Court. At stake are literally billions of dollars in collected Section 301 tariffs.

Areas Covered in the Webinar:

• Putting it in perspective: Overview and timeline of the Trump Section 301 tariffs
• Contesting government actions in the USCIT – traditional jurisdictional prerequisites and the requirement to file protests under 19 USC 1514
• How this China Section 301 case differs from most other trade litigation involving general duties or special duties, such as Antidumping or Countervailing duties
• The difference between contesting decisional vs. ministerial actions by CBP
• Plaintiff’s case theory in the HMTX Industries et al., and the court’s residual jurisdiction under 28 USC 1581(i)
• Should importers be filing protests to contest the assessment of Section 301 duty assessments against China imports under Tranches 3 and 4A
• Where is the litigation heading and what procedures are being proposed by the parties to manage the cases
• Is it too late to join in – different timelines for filing 1581(i) cases under Lists 3 and 4A.
• Possible refund procedures and documents to support claims

This will be a highly informative program regardless of whether your company has already filed a Section 1581(i) case or not. You’ll learn important and interesting facts about contesting government actions in court, the legal theory behind the Section301 litigation, and how the court might manage large scale litigation such as this.

Our webinar will be presented by attorney George R. Tuttle III, who has practiced before the CIT since 1983 and was involved in the refunding of HMF following the Supreme Court’s decision in U.S. Shoe. This webinar will provide importers with an understating of the legal issues and the potential requirements for obtaining refunds of section 301 duties on list 3 and 4a items and provide you with an opportunity to ask questions regarding these procedures.

Location:  Your Computer!
*Webinar details will be sent by email a few days before October 22*

Registration: FREE for P.A.E.I. and WIT-NC members/$40 for non-members. Credit or debit card payments only.

Refunds for cancellations must be received by Noon PDT, 10/21/2020. Please request refunds by emailing PAEIAdmin@paei.org.

**Not a member? Consider becoming a PAEI member today!
**The cost of an individual membership gives you FREE attendance to this seminar and the many more benefits you can enjoy participating in PAEI. Talk about a deal!**

• Individual Membership only: $50
• Corporate Membership only: $150

For registration questions, please contact Marit Fox at PAEIAdmin@paei.org.

NOTE: Attendance to this webinar qualifies for Certified Customs Specialist (CCS) Credits. To receive the credits, please answer the question shown on your registration form when you register. We need your CCS ID number. If you prefer, you can send an email to paeiadmin@paei.org noting CCS Credits in the subject line. Include your name, email address, company name, and ID number.