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.
The Supreme Court on Sept. 9 agreed to hear two cases on the legality of tariffs imposed under the International Emergency Economic Powers Act and to do so on an expedited basis. The court set a briefing schedule that would conclude by Oct. 30 and set argument for the first week of November (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
White House trade official Peter Navarro will need to be sidelined for a trade deal between the U.S. and India to emerge, according to Mark Linscott, a former assistant U.S. trade representative for South and Central Asia. Navarro's comments about India have inflamed the conflict, Linscott said, and have made trade negotiations more difficult.
The Supreme Court agreed to hear two cases, on an expedited basis, concerning the legality of tariffs imposed under the International Emergency Economic Powers Act. Briefing will conclude by Oct. 30 and the consolidated cases will be heard the first week of November. The high court decided to consolidate two cases on the issue, one of which was fully before the court on the merits following the U.S. Court of Appeals for the Federal Circuit's ruling that the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl went beyond the president's authority in IEEPA. The second case, which was pending before the U.S. Court of Appeals for the D.C. Circuit, was exclusively on whether IEEPA categorically allows for tariffs.
The Universal Postal Union, an organization that helps to coordinate postal services around the world, says it has developed some workarounds for international mail carriers that will be held liable for U.S. customs duties now that the de minimis exemption no longer is in place.
The Department of Energy has issued a final rule rescinding and amending certification provisions, labeling requirements and enforcement provisions for specific types of consumer products and commercial and industrial equipment that were part of a final rule published Oct. 9, 2024, it said in a Federal Register notice.
The executive order implementing the U.S.-Japan tariff deal is scheduled for publication in the Federal Register on Sept. 9, starting a seven-day clock for publication of a subsequent notice reducing tariffs on Japanese autos and auto parts currently subject to 25% Section 232 tariffs.
CBP provided guidance on the latest changes announced Sept. 5 to reciprocal tariff exemptions under the "Annex II" list, addressing specifically goods that have been added or removed from Annex II. For entries pre-filed with subheading 9903.01.32 for consumption on or after Sept. 8, "importers should take action as necessary to correct entries to reflect the correct reciprocal tariff applicability as soon as possible no later than within ten days of the cargo’s release from CBP custody," according to a Sept. 6 cargo systems message.
Nearly 40 minerals -- including gold bullion -- as well as sintered neodymium-iron-boron magnets and LEDs are no longer subject to reciprocal tariffs.
The Treasury Department will refund tariffs imposed through the International Emergency Economic Powers Act if the government loses its case at the Supreme Court, Treasury Secretary Scott Bessent said.