CBP expects to continue to implement new Section 232 tariffs should the government shutdown persist past the effective date of any new tariffs, officials said on an Oct. 1 call with the trade to discuss the government shutdown. CBP also plans to implement expected tariffs, such as the ones for lumber and furniture that take effect Oct. 14, without delays.
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The likelihood of the Supreme Court striking down President Donald Trump's tariffs issued under the International Emergency Economic Powers Act is a "coin flip," various attorneys said during a Sept. 30 webinar hosted by The Budget Lab, a policy research center at Yale University. Scott Lincicome, vice president of general economics at the Cato Institute, an amicus in the IEEPA tariffs cases, noted a "very clear split" among trade lawyers and constitutional lawyers as to where the Supreme Court will come out on this issue.
The chief negotiator for the European Union, Maros Sefcovic, said that while the EU has a reputation for having "very complicated rules and regulations," that doesn't compare to the burden on companies trying to quantify how much steel (and its cost at the time it was sourced) went into making a Bosch refrigerator, Miele dishwasher or a BMW motorcycle.
Section 232 tariffs on timber, lumber and their derivatives will take effect Oct. 14, under a proclamation issued by President Donald Trump. Tariffs will be set at 10% for timber and lumber, 25% for upholstered furniture and 25% on wooden cabinets and vanities.
U.S. Trade Representative Jamieson Greer said that while the administration doesn't expect to lose its tariff case at the Supreme Court, "wherever we end up," the approach will be similar to what it is now.
A recent CBP ruling, HQ H347879, indicates that CBP is scrutinizing the evidence that importers give to the agency when trying to prove that a bona fide sale has taken place.
As seen in recent rulings and CBP audits on first sale, CBP is asking for more information supporting importers' claims of bona fide sales and arms' length sales, Kelly Nelson, managing director of tax, trade and customs at KPMG, said during a Sept. 25 webinar.
The U.S. government will try to make it very difficult for tariffs enacted through the International Emergency Economic Powers Act to be refunded should the Supreme Court vacate them, according to trade lawyer Michael Roll.
The scope of the products covered by 100% U.S. tariffs on "patented and branded medicines" is unclear, though both the EU and Japan will only be hit with 15% tariffs, a White House official told several news outlets.