The U.S. District Court for the Northern District of California on June 2 said the Court of International Trade has exclusive jurisdiction via Section 1581(i) to hear California's challenge to all tariff action taken under the International Emergency Economic Powers Act. Judge Jacqueline Scott Corley said President Donald Trump's executive orders implementing the tariffs are laws of the U.S. for purposes of Section 1581(i), since they modify the Harmonized Tariff Schedule, and the law implementing the HTS, 19 U.S.C. 3004, says the HTS includes modifications made by the president (State of California v. Trump, N.D. Cal. # 3:25-03372).
CBP created Harmonized System Update 2520 on May 31, containing 11 Automated Broker Interface records and three Harmonized Tariff Schedule records. HSU 2520 includes the extension of Section 301 Exclusions 9903.88.69 and 9903.88.70 to Aug. 31 and a partner government agency update.
President Donald Trump said that although the 25% tariffs on steel, and the recently hiked aluminum tariffs, have "helped provide critical price support" to domestic producers, the rates are not high enough to enable them "to develop and maintain the rates of capacity production utilization that are necessary for the industries' sustained health and for projected national defense needs." So those rates will increase to 50% at 12:01 a.m. EDT June 4.
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.
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."
A domestic producer recently filed a petition with the Commerce Department and the International Trade Commission requesting new antidumping duties and countervailing duties on L-lysine from China. Commerce now will decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. The Lysine Fair Trade Coalition requested the investigation.
The Commerce Department, after suggesting that the import of semiconductors, products containing semiconductors, and equipment and inputs used to make chips could be making the U.S. vulnerable to supply chain disruptions, is now hearing from dozens of stakeholders who say the administration has it completely backwards. Time after time, in more than 150 submitted comments for the Section 232 investigation, stakeholders said imposing tariffs is what would lead to shortages, manufacturing woes, and a loss of competitiveness in the design and manufacture of chips.
One of the lawyers representing five importers suing President Donald Trump over his emergency tariffs said that the president's approach to tariffs, constantly threatening various new rates, sometimes backing off, and sometimes not, isn't just a "menace to the economy," it also "is totally at odds with the rule of law."
The U.S. District Court for the District of Columbia on May 27 heard arguments concerning the government's motion to transfer a case challenging International Emergency Economic Powers Act tariffs to the Court of International Trade and two importers' bid for a preliminary injunction against the tariffs. Judge Rudolph Contreras asked the government about what remedy the court could impose should it find for the plaintiffs and about the merits of the importers' claim that IEEPA doesn't provide for tariffs (Learning Resources, Inc. v. Donald J. Trump, D. D.C. # 25-01248).