The Court of International Trade on May 23 dismissed Wisconsin man Gary Barnes' case against the ability of the president to impose tariffs. Judge Jennifer Choe-Groves held that Barnes didn't have standing because he failed to claim that any harm he would suffer by tariffs imposed by President Donald Trump is "particularized" or "actual or imminent."
President Donald Trump elaborated on his tariff intentions with reporters in the White House, after posting online earlier in the day that 50% tariffs would begin on EU exports on June 1, and that he would be imposing a 25% tariff on imported iPhones.
President Donald Trump wrote on social media that he is recommending "a straight 50% tariff on the EU" starting June 1 because talks with the EU "are going nowhere!" He said, as he has before, that the EU "was formed for the primary purpose of taking advantage of the United States on TRADE."
The head of the Africa Program at the Carnegie Endowment for International Peace said that Africans who are worried about the possible end of the African Growth and Opportunity Act should remember that it's not just their countries that are losing trade access.
Cecilia Malmstrom, a former top European Commission trade official, said the EU is "painfully aware that the transatlantic relationship as we used to know it has been severely damaged."
The top Democrat on the Senate Foreign Relations Committee, Jeanne Shaheen of New Hampshire, is leading a delegation to Ottawa this weekend. Sen. Tim Kaine, D-Va., who led the effort to end 25% tariffs on Canadian goods, and Sens. Peter Welch, D-Vt., and Kevin Cramer, R-N.D., also are going.
Volumes of imported goods from China -- particularly those that would have been eligible for de minimis -- are likely to fall in the coming months, according to Gene Seroka, executive director for the Port of Los Angeles. But he said it's unclear how much they will fall, and when.
The Court of International Trade on May 21 held a second hearing in as many weeks on the legality of tariffs imposed under the International Emergency Economic Powers Act. The same three judges, Jane Restani, Gary Katzmann and Timothy Reif, pressed both the government and counsel for 12 U.S. states challenging all IEEPA tariff actions on whether the statute allows for tariff action, as well as whether the courts can review if the declared emergencies are "unusual and extraordinary" and the extent to which the case is guided by Yoshida International v. U.S. (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
CBP issued the following releases on commercial trade and related matters:
The U.S. District Court for the Northern District of Florida on May 20 transferred a case challenging certain tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell largely rested his decision on Yoshida International v. U.S. -- the nearly 50-year-old decision sustaining President Richard Nixon's 10% duty surcharge imposed under the Trading With the Enemy Act, IEEPA's predecessor (Emily Ley Paper d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).