CIT Stays Case Pending Appeal of Need for Protests to Get Section 301 Exclusion Refunds

The Court of International Trade granted a consent motion July 9 to stay proceedings in a case brought by Advantus pending the appeal of decisions made in two cases, ARP Materials, Inc. v. United States and Harrison Steel Castings Co. v. United States. Judge Miller Baker granted the stay until 30 days after the U.S. Court of Appeals for the Federal Circuit issues its mandates in those two cases. ARP and Harrison have not appealed to the Federal Circuit but indicated that they would like to do so (see 2106110053).

Baker found in a June 11 decision that importers must file protests to preserve their ability to obtain refunds under exclusions from Section 301 tariffs. The court did not have jurisdiction to hear the challenge because the importers did not timely file protests of the CBP liquidations assessing the Section 301 duties, he said.