Importers to Appeal CIT Decision Over Need to File Protest for Section 301 Exclusions

Importers ARP Materials and Harrison Steel Castings will file an appeal of a Court of International Trade opinion to the U.S. Court of Appeals for the Federal Circuit, according to a July 21 notice of appeal. The decision, penned by Judge Miller Baker, found importers must file protests to preserve their ability to obtain refunds under Section 301 tariff exclusions (see 2106110053). The court said it did not have the jurisdiction to hear ARP and Harrison's challenge because the importers did not timely file protests of the CBP liquidations imposing the Section 301 tariffs (The Harrison Steel Castings Co. v. United States, CIT #20-00147).