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Trade & Tariff Update #22 - Development of an IEEPA Refund Process Continues and More

Most recent trade announcements as of 3/17/26

Regulatory Article Contents

Development of an IEEPA Refund Process Continues 

The military actions against Iran and resulting spike in oil likely have inhibited any increase in the Section 122 tariffs as threatened by the Administration.  In the meantime, however, Customs and Border Protection (CBP) continues its work to develop a refund process that is due on April 20, 2026 (although legal experts believe it could take much longer).  CBP’s update to the Court of International Trade (CIT) last Thursday indicates that work on the refund mechanism is 40% complete.  Presiding Judge Richard Eaton has ordered another status report next week.  

It is important to note that at this point, the refund process is being adjudicated within the confines of the laws and regulations governing liquidation of duties, including the proscribed 180-day timeframe for filing protests to liquidation.  As none of Judge Eaton’s orders have altered this time limit – and it is questionable whether he even has the authority to do so – importers expecting refunds should consult with trade counsel to confirm both the collection of any necessary information on tariffs paid as well as that protests are filed before the 180 days expire.  

New 301 Investigations Launched 

On March 11, the United States Trade Representative (USTR) announced new Section 301 investigations into the trade practices of China, the European Union, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan, and India.  

On March 17, a docket for comments regarding the investigations will open.  Interested persons should submit written comments, requests to appear at the hearing, along with a summary of the testimony, by April 15, 2026 to be considered. USTR will hold a hearing in connection with these investigations starting on May 5.   

For more information, please see: USTR Initiates Section 301 Investigations Relating to Structural Excess Capacity and Production in Manufacturing Sectors | United States Trade Representative  

The EU reacted swiftly, indicating their expectation that any new tariffs must honor the substance  of the recently negotiated deal between it and the United States.   

One day after announcing the expansive 301 investigations listed above, the USTR reported a second set of 301 investigations into forced labor practices in China, Brazil, Vietnam and 57 other countries.  As required upon initiation of an investigation, the United States Trade Representative has requested consultations with the governments of the economies whose acts, policies, or practices are under investigation.  On April 28 the USTR will hold hearings in connection with these investigations. 

To be considered, interested persons should submit written comments, requests to appear at the hearing, along with a summary of the testimony, by April 15, 2026.  

 A pre-publication version of the Federal Register Notice is available here

A docket for comments regarding the investigation will be available here

A docket for requests to appear at the public hearing to be held in connection with this investigation will be available  here

More details can be found here: USTR Initiates 60 Section 301 Investigations Relating to Failures to Take Action on Forced Labor | United States Trade Representative 

These actions hopefully are intended to create leverage to hold countries – particularly China -- to the terms of the trade deals that were negotiated while IEEPA tariffs were in force.  Discussions began yesterday between Treasury Secretary Bessent and Chinese trade officials to pave the way for a summit between President Trump and Chinese President Xi, where it is hoped that further improvements to the United States/China trade deal can be negotiated.  While on Sunday President Trump suggested that the meeting between him and Chinese leader Xi Jinping could be delayed due to the Administration’s pressure on China to help reopen the Strait of Hormuz, on Monday Secretary Bessent said that summit instead could be delayed for “logistics” if the President decides to stay in Washington to coordinate the war actions in Iran.   

New Legislation Introduced to Refund Businesses for Section 122 Tariffs

Last week Senators Charles Schumer (D-NY), Kirsten Gillebrand (D-NY) and Ranking Member Edward J. Markey (D0 MA), with others, introduced The Small Business Liberation Act 2.0.  The bill would exempt small businesses from Section 122 duties and provide refunds for any duties already paid.  While this bill faces challenges given its narrow focus and partisan tensions, it reflects continued Congressional scrutiny of tariffs. 

 


Disclaimer: APPA does not make any representations about the completeness, suitability, or adequacy of the information provided during the Office Hours or Trade Talks.   Any information provided are intended for general informational purposes only, they do not constitute a recommendation or solicitation to do or omit to do any action and should not be interpreted as legal, regulatory, or compliance advice. You should seek independent advice from qualified professionals before acting on any information provided and/or to evaluate specific regulatory obligations and operational decisions.
Disclaimer from Progressive Trade Consulting: PTC is not a law firm, does not practice law, and does not provide legal advice. The Client should consult legal counsel for any legal matters, including trade compliance. The Importer of Record (IOR) is responsible for complying with customs regulations and managing the import process. This includes obtaining required licenses and permits, classifying and valuing goods correctly, declaring goods accurately, paying duties and taxes, following import rules, and maintaining proper records. 

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