With so much uncertainty occurring with U.S. import regulations, companies should develop multiple strategies that address potentially different tariff outcomes, with some strategies being deployed in the short-term and others being deployed further down the road as the geopolitical situation becomes more clear, according to trade experts with professional services firm KPMG.
The 12 states that recently launched a lawsuit against all tariff action taken by President Donald Trump under the International Emergency Economic Powers Act will begin working on a preliminary injunction motion against the tariffs "in the near future," Oregon Attorney General Dan Rayfield told us. Rayfield was confident in the prospect of being able to show that Oregon and its many public institutions will suffer "irreparable harm" without the injunction and that a judge will be willing to question the validity of Trump's declaration that bilateral trade deficits amount to an "unusual and extraordinary" threat.
CBP published more details of how it will collect duties or fees on imported packages worth less than $800 with Chinese goods in the public inspection pages of the Federal Register on April 24.
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.
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