The District Court for the District of Columbia on June 3 stayed its decision finding that the International Economic Emergency Powers Act doesn't confer tariff-setting authority and declaring that all tariff action taken under IEEPA is illegal. Judge Rudolph Contreras suspended his preliminary injunction on the collection of the tariffs from the plaintiffs, two small importers, as well as the "accompanying memorandum opinion," which said IEEPA doesn't provide for tariffs. The ruling is stayed pending the government's appeal of the decision to the U.S. Court of Appeals for the D.C. Circuit. The judge said a stay is "appropriate to protect the President’s ability to identify and respond to threats to the U.S. economy and national security."
The Office of the U.S. Trade Representative has extended by three months certain current exclusions to its Section 301 investigation related to U.S. trade with China.
President Donald Trump's announcement that he would double Section 232 tariffs on aluminum, alongside steel, to 50% -- when the vast majority of imported aluminum was duty-free until March 12 -- drew warnings from the largest aluminum trade group.
Commerce Secretary Howard Lutnick, on Fox Business News on June 1, described China as "slow rolling" its de-escalation agreement with the U.S., rather than being in violation of the deal, but said that "we are taking certain actions to show them what it feels like on the other side of the equation."
Importer FCMT filed a trio of complaints at the Court of International Trade last week challenging CBP's appraisement of its apparel entries. In all three cases, the importer argued that CBP failed to use the products' transaction value to appraise the merchandise and that CBP engaged in an "arbitrary and fictitious appraisement" of the merchandise (FCMT v. United States, CIT #s 21-00242, -00243, -00247).
Georgetown University law professor Jennifer Hillman said that while she expects the U.S. Court of Appeals for the Federal Circuit to take months to decide if the tariff actions under emergency powers weren't legal, the court might not stay the vacation of the orders during that time.
President Donald Trump said at a press conference in the Oval Office that the U.S. would no longer have an economically viable country if higher courts uphold the rulings from the Court of International Trade and a U.S. district court that he doesn't have unbounded power to hike tariffs under an emergency statute.
President Donald Trump answered a question about auto tariffs for Tesla CEO Elon Musk, as the two stood in the Oval Office May 30.
In the May 28 Customs Bulletin (Vol. 59, No. 22), CBP published a proposal to revoke a ruling letter concerning the tariff classification of molybdenum disulphide powder.
As importers, customs brokers and attorneys feel whiplash from the ever-shifting changes in U.S. tariff policy, one particular issue that these stakeholders will continue to grapple with over the coming months is ensuring that importers understand and comply with all the regulations on country of origin, according to experts speaking on a May 30 webinar sponsored by the International Trade Institute titled "Rules, Risk and Reality: How EU Exporters Can Navigate the New US Trade Era."