Apple, Intel File Section 301 Cases on 2-Year Anniversary of List 4A Notice
Apple and Intel were the two heavy hitters joining the Section 301 litigation Friday, when two dozen total complaints were filed at the U.S. Court of International Trade to vacate the Lists 3 and 4A tariffs on Chinese goods and…
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get the duties refunded. It was the highest volume of complaints filed on a single day since early in the litigation that will be a year old on Sept. 10. Friday marked two years after the Office of the U.S. Trade Representative published its Federal Register notice imposing List 4A. Court rules require plaintiffs to begin an action within two years “after the cause of action first accrues.” Intel “timely filed this action with respect to any entry of merchandise on which List 4A duties have been assessed, and any entry of merchandise on which List 3 duties were not definitively assessed before August 20, 2019,” said the chipmaker’s complaint, typifying the others that were filed Friday. Importers will likely argue alternatively in complaints yet to come that their two-year clocks started when List 4A took effect Sept. 1, 2019, or when they actually paid their first tariffs or their customs entries reached liquidation.