China 301 Duties Update: Last Call to Preserve Rights to Recover Paid China 301 Duties

The Vision Council continues to keep members updated on an ongoing litigation contesting the assessment of China 301 Customs duties on Chinese origin goods identified by the U.S. Trade Representative on Lists 3 and 4A. Most eyewear products are on List 4A, including lenses, frames, sunglasses, reading glasses and many low vision devices. The Vision Council’s members importing those goods from China are paying these additional Customs duties on them, currently at 7.5 percent.

The case is proceeding slowly and a final decision will likely not be produced for quite some time; however, members interested in preserving their right to refunds in the event the case is successful are encouraged to act now. Refunds would include duties previously paid, as well as duties members will continue to pay until the matter is resolved.

The statute of limitations for claiming refunds of China 301 Customs duties paid on List 4A items begins to expire starting on August 20, 2021. Filing before that date safeguards your claim from being found “time-barred,” or filed too late.

Filing a claim means filing a lawsuit at the U.S. Court of International Trade (CIT). In turn, your individual case will be stayed while the lead case is adjudicated. Please note, only those companies who bring suit at the CIT will be in line to recover if the lead case is successful.

Any questions about this issue can be directed to Rick Van Arnam, The Vision Council’s regulatory affairs counsel, at rvanarnam@barnesrichardson.com. Rick is available to members interested in the filing process.