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U.S. Importer Sues USTR Over Section 301 Tariffs

Breaking: U.S. Importer Sues USTR over Section 301 Tariffs;  New Refunds May Be Available

Importer HMTX Industries LLC and two of its subsidiaries (complainants) recently filed a complaint at the U.S. Court of International Trade (CIT) alleging the USTR unlawfully escalated the ongoing trade war with China when it imposed the List 3 tariff actions.

The complainants allege the Trade Act of 1974 did not give the USTR authority “to litigate a vast trade war for however long, and by whatever means, they choose”, and that the “arbitrary manner” in which the List 3 tariff actions were implemented violates the Administrative Procedure Act (APA).

The lawsuit seeks a refund for any duties paid on imports of List 3 products from China.

Read the case file here.

If successful, this lawsuit could mean a refund of all Section 301 duties on List 3 goods from China.

To take advantage of this potential refund, act fast. Importers must file independent claims by this Friday, Sept. 18. Contact Shannon Dillinger at or call 440-895-8212 if you have any questions. 

Thompson Hine has more coverage on the suit here.

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