The U.S. District Court for the District of Columbia on May 27 heard arguments concerning the government's motion to transfer a case challenging International Emergency Economic Powers Act tariffs to the Court of International Trade and two importers' bid for a preliminary injunction against the tariffs. Judge Rudolph Contreras asked the government about what remedy the court could impose should it find for the plaintiffs and about the merits of the importers' claim that IEEPA doesn't provide for tariffs (Learning Resources, Inc. v. Donald J. Trump, D. D.C. # 25-01248).
President Donald Trump elaborated on his tariff intentions with reporters in the White House, after posting online earlier in the day that 50% tariffs would begin on EU exports on June 1, and that he would be imposing a 25% tariff on imported iPhones.
The top Democrat on the Senate Foreign Relations Committee, Jeanne Shaheen of New Hampshire, is leading a delegation to Ottawa this weekend. Sen. Tim Kaine, D-Va., who led the effort to end 25% tariffs on Canadian goods, and Sens. Peter Welch, D-Vt., and Kevin Cramer, R-N.D., also are going.
The U.S. District Court for the Northern District of Florida on May 20 transferred a case challenging certain tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell largely rested his decision on Yoshida International v. U.S. -- the nearly 50-year-old decision sustaining President Richard Nixon's 10% duty surcharge imposed under the Trading With the Enemy Act, IEEPA's predecessor (Emily Ley Paper d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
More than 40 companies and trade groups, from businesses with 26 employees to one with 32,000, are asking that 25% Section 232 tariffs on steel and aluminum be applied to hundreds of "derivative" products made by foreign competitors.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The American Association of Port Authorities, which represents 80 U.S. ports, told the Office of the U.S. Trade Representative that adding a 100% tariff to ship-to-shore cranes made by Chinese companies or with Chinese components will increase costs for its members without creating domestic manufacturing.
The Bureau of Industry and Security is looking to continue moving away from proposed rulemakings and instead issue most new rules as interim final or final, said two people with knowledge of the agency’s plans.
Gibson Dunn brought a suit to the Court of International Trade on behalf of a small Michigan-based importer, Detroit Axle, to challenge President Donald Trump's revocation of the de minimis threshold for Chinese goods. The complaint, filed on May 16, argues that Trump exceeded his statutory authority in eliminating de minimis for goods from China and acted arbitrarily and capriciously in violation of the Administrative Procedure Act (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
Five senators, both Republicans and Democrats, asked Jamieson Greer, then the U.S. trade representative nominee, to advocate for a formal exclusion process to tariffs, as was done for the Section 301 tariffs in Trump's first term. These written exchanges were recently posted at the Senate Finance Committee website, long after Greer's confirmation vote.