CIT Tosses 2 Cases Seeking Retroactive Application of Section 301 Exclusions
The Court of International Trade in a Jan. 17 order dismissed two customs cases seeking the retroactive application of Section 301 exclusions. Given the U.S. Court of Appeals for the Federal Circuit's finding in ARP Materials v. U.S., which said…
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that an importer needs a protest with CBP to retroactively apply Section 301 exclusions (see 2209060035), the trade court dismissed the two cases -- from Poppin and Lighting Partners Jax. Both actions sought to establish jurisdiction at the court under Section 1581(i), the court's "residual" jurisdiction, as opposed to Section 1581(a) (Poppin v. United States, CIT # 20-00158) (Lighting Partners Jax v. United States, CIT # 20-03529).