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.
Steel and aluminum and their derivatives will be subject to 50% tariffs, not 25% tariffs, President Donald Trump wrote in a proclamation. The changes take effect at 12:01 a.m. June 4.
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.
Chapter1, a small Nevada-based importer represented by boutique litigation firm Gerstein Harrow, filed a case at the Court of International Trade on May 29 seeking class certification for all importers that have paid tariffs recently invalidated by the trade court. The suit, if successful in challenging the tariffs and establishing class certification, would provide refunds for all companies that have paid tariffs imposed under the International Emergency Economic Powers Act (Chapter1 v. United States, CIT # 25-00097).
The emphasis on collecting the revenue generated from the higher tariffs levied during President Donald Trump's second term, as well as the political will behind those higher duties, are compelllng CBP to shift toward prioritizing trade enforcement over trade facilitation, trade experts told International Trade Today.
The U.S. Court of Appeals for the Federal Circuit on May 29 issued an administrative stay of the Court of International Trade's decision to vacate all tariff executive orders issued by President Donald Trump under the International Emergency Economic Powers Act while the appellate court considers the government's emergency motion to stay the CIT decision (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The District Court for the District of Columbia struck down all tariff action taken under the International Emergency Economic Powers Act a day after the Court of International Trade did the same. However, Judge Rudolph Contreras went farther than the trade court, holding on May 29 that IEEPA categorically doesn't include the power to impose tariffs.
The end of reciprocal tariffs and tariffs imposed over fentanyl smuggling from China, Canada and Mexico is on hold until an appellate court decides if the use of the International Emergency Economic Powers Act was illegal for those purposes.
The U.S. Court of Appeals for the Federal Circuit on May 29 stayed the Court of International Trade's decision to vacate all trade action taken by President Donald Trump under the International Emergency and Economic Powers Act while the appellate court considers the government's emergency stay motion of the trade court's ruling. Yesterday, the trade court vacated all of Trump's executive orders imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. The U.S. immediately filled for a stay of the decision at CIT and the Federal Circuit, arguing that such a ruling would "hamstring" U.S. foreign policy.