A Wisconsin man filed a pro se lawsuit at the Court of International Trade challenging the president's ability to impose tariffs, arguing that any attempt by the president to levy import duties represents an improper delegation of power under the U.S. Constitution. The individual, Gary Barnes, said imposing tariffs "is not within the jurisdiction of the President's duties," noting that the power to levy tariffs rests solely with Congress (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).
CBP issued the following releases on commercial trade and related matters:
CBP has issued new guidance that describes an update to the order of reporting in ACE for multiple Harmonized Tariff Schedule classifications on the same entry summary line, according to a Feb. 5 cargo systems message. This pertains to instances when a Chapter 98 or Chapter 99 HTS code is required. ACE is the system of record for all entry summaries, CBP said.
The abrupt change in how CBP will process low-value goods made in China because of President Donald Trump's executive order banning the de minimis exemption for these goods (see 2502030034) is causing some upheaval among shippers unfamiliar with the other types of customs processing, importers, brokers and logistics providers told International Trade Today.
China opened a dispute at the World Trade Organization on Feb. 5 to challenge the new 10% tariff imposed by the U.S. on all goods from China, claiming that the measure violates the General Agreement on Tariffs and Trade. China said that not only do the duties violate the U.S. government's "Schedule of Concessions and Commitments," they're also "discriminatory and protectionist in nature."
The Trump administration is determined to impose tariffs on China “regardless” of any progress it makes on stopping fentanyl from flowing into the U.S., a Chinese Foreign Affairs Ministry spokesperson said Feb. 5 during a regular press conference in Beijing. The U.S. is “bent on levying a 10 percent additional tariff on Chinese imports under the pretext of the fentanyl issue,” the person said, adding that Beijing “firmly deplores and opposes this move and has taken necessary measures to defend its legitimate rights and interests.”
Taiwan is setting up task forces and a consultation hotline to assist Taiwanese companies overseas that may be affected by new tariffs imposed by President Donald Trump, Taiwan’s Ministry of Economic Affairs announced Feb. 4. The task forces will be set up in the U.S., Canada, Mexico, Southeast Asia and South Asia to “provide real-time support” to Taiwanese businesses.
The European Commission is pushing for new import fees and customs controls on certain low-value e-commerce imports that it said are unsafe, counterfeit or don’t meet other EU product standards. The controls could target products from online marketplaces such as AliExpess, Amazon, Shein and Temu, the commission said, adding that those companies could be liable for the sale of unsafe products on their platforms.
Secretary of State Marco Rubio, who advocated for removing Nicaragua from CAFTA-DR in 2021 while he was a senator (see 2106140023), told a reporter in Costa Rica that the Trump administration has not yet decided how to deal with Nicaragua's participation in the free trade agreement.
The U.S. could use the False Claims Act to more aggressively combat tariff evasion, attorneys at Ropes & Gray said in a Feb. 3 alert. Companies should "carefully scrutinize their import policies and procedures to ensure they are adhering to all applicable laws," the firm said, adding that importers should ensure that they have "appropriate avenues" for internal and external parties to bring confidential reports to the company's attention.