If you are an importer who paid or is paying Section 301 tariffs on imported goods from China, you should seriously consider joining the nearly four thousand importers who have sued to force the US Government to refund the duties. Given the unprecedented dollar amounts at issue and the number of plaintiffs, there is a great deal of uncertainty of what exactly importers must do and when they must sue to protect their rights to a refund. For example, the legal deadline to file a lawsuit (i.e., the statute of limitations) is uncertain, but it is widely advised that importers should file at their earliest opportunity possible.
Final disposition of these lawsuits is probably years away and will probably be resolved by the US Supreme Court. It is still early in the case, but the importers seem to have the early edge. They were able to convince the three judges presiding over the test case to impose a preliminary junction. To do so, the plaintiff importers had to prove that they were likely to eventually succeed on the merits of their claims.
Ironically, the huge number of plaintiffs makes suing a relative bargain. Importers can ride the coattails of the test lawsuit and thereby avoid most of the usual litigation costs.
If the importers eventually win, it is well possible that importers who did not sue will not be entitled to a refund.
We represent dozens of importer plaintiffs in this litigation. Please contact us if you are interested in suing to collect a refund of your Section 301 tariffs.