The U.S. Court of Appeals for the Federal Circuit on April 21 held to a strict interpretation of the principle of finality of liquidation, ruling that the Court of International Trade can't consider equitable reasons for ordering reliquidation of finally liquidated entries. Judges Richard Taranto and Raymond Chen said the trade court can't order reliquidation beyond the statutory exceptions, which specifically refer to filing a protest with CBP or a civil action at the trade court. Judge Jimmie Reyna dissented from the ruling, arguing that the majority misapprehends CBP's protest procedures and improperly limits "CIT’s authority to enforce its judgments to a level that is inferior" to the full authority of an Article III court.
A group of five companies filed a complaint at the Court of International Trade challenging the president's authority to impose tariffs under the International Emergency Economic Powers Act. The complaint, drafted by the conservative Liberty Justice Center, says President Donald Trump's use of IEEPA to impose "reciprocal" tariffs "exceeds his statutory authority." The lawsuit adds that even if IEEPA grants this authority, it amounts to an "unconstitutional delegation of legislative authority." The lawsuit is the third of its kind to challenge the use of IEEPA to impose tariffs but is the first to be filed at the trade court.
The U.S. is excluding certain smartphones, computers, chips and other items from President Donald Trump's executive order on reciprocal tariffs, CBP said in a CSMS message released late April 11. The products are being added to the list of exempt Harmonized Tariff Schedule headings and subheadings under Trump's April 2 executive order and won't be subject to the additional duties if they're entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on April 5.
President Donald Trump, on his social media account, said that he will drop high reciprocal tariffs that started today for 90 days. However, the 10% tariff imposed on nearly all trading partners will remain.
The pause on higher country-specific reciprocal tariffs for all covered countries except China takes effect tonight, April 10, at 12:01 a.m., said CBP in a CSMS message. Beginning at that time, all goods except goods for goods from China (including Hong Kong and Macau) and goods exempt from the reciprocal tariffs, including goods from Canada and Mexico, will be subject to the 10% tariff rate under subheading 9903.01.25.
The reciprocal tariff on China will be set at 84% when it takes effect at 12:01 a.m. tonight, said CBP in an emailed CSMS message. That reflects an additional 50% tariff announced by President Donald Trump in response to Chinese retaliatory tariffs, on top of the 34% initially set for China.
President Donald Trump posted on social media that "if China does not withdraw its 34% increase above their already long term trading abuses by tomorrow, April 8th, 2025, the United States will impose ADDITIONAL Tariffs on China of 50%, effective April 9th." Also, "all talks with China concerning their requested meetings with us will be terminated!" he said. "Negotiations with other countries, which have also requested meetings, will begin taking place immediately."
The White House quietly released Annex III to President Donald Trump’s executive order on reciprocal tariffs yesterday, detailing Harmonized Tariff Schedule subheadings that will be used for the tariffs that take effect at 12:01 a.m. April 5 and April 9.
Drawback will be available on recently announced reciprocal tariffs that take effect April 5 and April 9, CBP confirmed in an emailed CSMS message providing guidance on the tariffs. “Drawback is available with respect to the additional duties imposed pursuant to the Executive Order,” the CSMS message said.
The White House released two annexes to its proclamation setting 10% reciprocal tariffs April 5, and higher country-specific tariffs for some on April 9, including a list of goods excluded from the tariffs, some because they're potentially subject to Section 232 actions.