CIT Hears Tariff Refund Arguments; Commerce Considers Expanding Metal Duties Scope
On Aug. 6, the U.S. Court of International Trade (CIT) heard arguments in V.O.S. Selections, Inc. v. United States. The Court will consider whether importers across the country can join in a class action to seek refunds for tariffs that were allegedly collected unlawfully under the International Emergency Economic Powers Act (IEEPA).
Under current procedures, U.S. Customs and Border Protection (CBP) can take nearly a year to determine the final tariff rate owed on an import entry through a process known as liquidation. Once an entry has been liquidated for more than 90 days, importers are generally no longer eligible to seek refunds through the government’s CAPE refund portal.
The plaintiffs in the case are seeking to convert the lawsuit into a class action, allowing affected importers to pursue refunds as part of a single case rather than filing individual lawsuits. The plaintiffs argue that an increasing number of import entries are becoming ineligible for CAPE processing. The Department of Justice (DOJ), however, argues that the request for class certification was filed too late and does not meet the legal requirements for class certification.
CIT has not yet announced a date for its final decision, but a ruling is expected by late fall or early winter. Learn more about the case here.
Proposed expansion of Section 232 metal products: The United States Department of Commerce’s Bureau of Industry and Security (BIS) has proposed expanding the list of products subject to Section 232 duties on steel, aluminum, and copper. BIS is accepting public comments for 21 days, through Aug. 27, before its final determination.
The proposal follows a Presidential Proclamation issued on April 2, which modified Section 232 tariffs on steel, aluminum and copper effective April 6. The proclamation was intended to apply tariffs based on the full value of imported steel, aluminum and copper products, rather than only the metal content, and to simplify tariffs on derivative products by applying a flat tariff rate.
View the new list of proposed products that would be subject to tariffs here.
The RV Industry Association will continue to provide information as it becomes available. For a comprehensive overview of tariffs currently enacted, view the tariff tracker. For additional information, please contact Samantha Rocci, director of federal affairs ([email protected]).
