The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
The reduction of the reciprocal tariff on China from 125% to 10% will take effect at 12:01 a.m. ET on May 14, said President Donald Trump in an executive order. The decrease will not be retroactive.
An exemption from reciprocal tariffs for U.S. content that rises above 20% should be calculated only on the basis of a good’s physical characteristics, CBP said in an update to its FAQ on International Emergency Economic Powers Act tariffs. “Non-physical elements” like research and development, intellectual property rights and royalties can’t be included toward exempt U.S. content, CBP said.
The U.S. Court of Appeals for the Federal Circuit on May 9 upheld the Court of International Trade's classification of 14 mixtures of frozen fruits and vegetables under Harmonized Tariff Schedule subheading 0811.90.80, the residual category for "other" frozen fruit.
The 10% tariff on the first 100,000 autos exported annually from the U.K. will be "all-in," according to the Office of the U.S. Trade Representative. CBP couldn't clarify whether that would be done by removing most favored nation duties on U.K. autos and then applying a 10% tariff rate, or whether the additional tariff rate for in-quota autos would be 7.5%.
An exemption from reciprocal tariffs for goods subject to Section 232 tariffs only applies if duties are “owed and payable,” CBP said in an update May 8 to its Section 232 tariff FAQ.
CBP will increase the number of Harmonized Tariff Schedule codes that may be submitted per entry line from eight to 32, trade consultant Bonnie Kersch said in a LinkedIn post May 6. Attendees were told of the change during CBP’s Trade and Cargo Security Summit in New Orleans that day, with gasps and laughing audible among the audience, according to replies to the post.
The Bureau of Industry and Security will post all valid requests for new tariff subheadings to be added to the lists of derivatives subject to Section 232 steel and aluminum tariffs after the conclusion of the two-week window to submit requests that began May 1, BIS said in an interim final rule published May 2 (see 2504300031). Once they are posted, BIS will accept comments for 14 days.
The following lawsuits were filed at the Court of International Trade during the week of April 28 - May 4:
The Court of International Trade on May 2 held that importer BASF's fish oil ethyl ester concentrates "maintain the essence of fish" and are thus "extracts of fish" under Harmonized Tariff Schedule heading 1603 and not "food preparations" under heading 2106.