The Court of International Trade (CIT) has granted a preliminary injunction in the Section 301 litigation—the lawsuit where thousands of importers are seeking to get List 3 and 4A Chinese tariffs vacated with duties refunded—as of July 6, 2021. In accordance with the order, entries that are unliquidated as of July 12, 2021, may be suspended until the end of litigation should plaintiffs provide the following information:
1. Its importer of record number, including suffix(es).
2. The court number and filing date of the litigation to which it is a party.
3. The entry number and date of entry for each entry that should be enjoined.
4. The U.S. Customs and Border Protection (CBP) center and team assigned to each affected entry.
Plaintiffs will have until Tuesday, August 3, 2021, to submit the requested information to a repository that CBP will establish and maintain. We recommend making immediate preparations for the upcoming deadline.
Recommended Action—Compile & Analyze Your ACE Data
We will keep you updated on how to submit the information to the repository, as soon as guidance is released. In the meantime, the following are recommended actions available for you to take:
Work with Mohawk Global Trade Advisors to Access your ACE Data
The ACE portal contains all IOR’s entries and includes all requested elements. MGTA can set up ACE portal access at no additional charge if you are not set up currently. MGTA consultants can include additional data analytics on the entries that had list 3 and list 4A products including:
- All entries that were unliquidated at the time of the CIT Lawsuit deadline*
- All entries that were liquidated at the time of the CIT lawsuit deadline *
- All entries that have liquidated since the CIT lawsuit deadline* through the injunction date**
- All entries that were unliquidated at time of injunction**
The cost of this service will be a flat fee of $1,250.00. To request your ACE data, contact Mohawk Global Trade Advisors using the form below.
Prepare an Entry Inventory
Work with your Mohawk Global representative to provide a system report at no additional cost. The system report will only include entries filed by Mohawk Global. The report will include the requested elements above, excluding “the U.S. Customs and Border Protection (CBP) center and team assigned to each affected entry.”
Take No Action
You may choose to follow Chief Judge Barnett’s dissenting opinion that it is not necessary to provide any information at this juncture, as the CIT already has the legal authority to force Customs to refund the duties if the plaintiffs win. Keep in mind that this option does risk refunds being delayed, if Customs and the CIT dispute over authority.
Once additional information is provided on the repository and confirmation of the deadline is received, we will immediately advise you.
* September 21, 2020
**July 12, 2021