P.A.E.I. and Tuttle Law

A “Hot Topics” Webinar Program Update on China Section 301 Litigation: History in the Making or a Big Bust?

October 22, 2020
10:30 a.m. to 12:00 p.m. PST (1:30 to 3:00 p.m. EST)

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 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.

What our webinar will cover:

  • 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 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 22nd.*

Speaker: George R. Tuttle, III, attorney with Tuttle Law. He has been in practice for over 30 years, specializing in Customs and international trade regulation. He works with both small and large companies, as well as customs brokers and freight forwarders on import and export related matters. Mr. Tuttle assists companies determine correct product classifications and Customs values, duty preference eligibility, obtain rulings, contest adverse administrative determinations by Customs, facilitate compliance audits, develop effective compliance programs, and resolve penalty, Liquidated Damage claims, seizure, and enforcement cases.

Registration: FREE for P.A.E.I. 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 email to PAEIAdmin@paei.org.

Registration is available on-line only.

**Not a member? Consider becoming a P.A.E.I. 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 P.A.E.I. Talk about a deal!**

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

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


This event is eligible for 1.5 CCS Credits. If you would like credit, please provide your CCS ID at the time of registration.