FAIR TARIFF Act of 2023

HR 3739, the FAIR TARIFF Act of 2023, requires U.S. Customs to refund overpaid duties for specific imports from European Union countries during two defined periods: October 18-December 17, 2019, and January 12-February 10, 2022. It targets products classified under certain Harmonized Tariff Schedule codes (e.g., 9903.89.10-9903.89.49 for 2019, 9903.89.57-9903.89.59 for 2022) that were incorrectly taxed due to tariff misclassification. Importers must apply for refunds within one year of the law’s enactment, with refunds processed within 180 days of application. The bill also mandates a 60-day advance notice in the Federal Register before implementing new tariff increases under Section 301 of the Trade Act of 1974.