Twelve U.S. states led by Oregon filed a lawsuit April 23 against all of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act. The states' complaint argues that Trump exceeded his authority as established in IEEPA, since the "annual U.S. goods trade deficits" are not an "unusual and extraordinary threat." The states also argue that neither the reciprocal tariffs, nor the tariffs on China, Canada and Mexico imposed to address drug trafficking, establish a sufficient nexus to the claimed emergencies (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
CBP reminded brokers and importers that, starting May 2, goods from China that were previously eligible for the de minimis exemption must now use a Type 11 or Type 01 entry, in an April 18 cargo systems message (see 2504020072).
CBP created Harmonized System Update 2516 on April 18, containing 65 Automated Broker Interface records and 21 Harmonized Tariff Schedule records. HSU 2516 includes the Safeguard for Sugar adjustments and PGA updates. In support of the PGA updates, an FDA tariff flag was added to HTS 2702.10.0000 Lignite, whether or not pulverized, but not agglomerated.
Customs brokers are still wishing for guidance from CBP on the in-transit exemptions mentioned in the April 2 executive order on reciprocal tariffs, according to remarks made during the April 17 bi-weekly ACE support call hosted by CBP.
Air cargo transportation is likely eligible for reciprocal tariff exemptions for goods in transit as of April 5 or 9, according to two trade lawyers with law firm Grunfeld Desiderio, echoing similar comments from a DHL official the previous day who said the exemption applies to both air and truck modes (see 2504160027).
An exemption for goods in transit from the reciprocal tariffs that recently took effect applies not only to ocean vessels, but to air and truck shipments as well, according to Jeff McCauley, senior director of operations and compliance at DHL Global Forwarding.
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.
CHANDLER, Ariz. -- The National Customs Brokers & Forwarders Association of America could help organize a class-action lawsuit against ocean carriers if enough of its members and other non-vessel operating common carriers (NVOCC) say they're unfairly being refused service contracts, industry officials said at the NCBFAA’s annual meeting.
CBP improperly declined to accept the proper valuation of various iron and steel products imported by NOA Brands America, the importer argued in an April 10 complaint at the Court of International Trade (NOA Brands America v. United States, CIT # 23-00109).
Given the prohibitively high tariff levels placed on China, and the uncertainty surrounding reciprocal tariffs on other countries, USMCA-qualifying goods from Canada and Mexico are advantageous options for importers, according to compliance experts speaking at an Automotive Industry Action Group event on April 9.