Although CBP has provided guidance on how to file entries for steel and aluminum derivatives under the Section 232 tariffs, some trade community members are still unclear about how to determine the value of the steel or aluminum content in more complex situations, according to trade attorney George Tuttle, speaking on an Aug. 27 webinar.
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said President Donald Trump exceeded his authority under the International Emergency Economic Powers Act by imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. Declining to address whether IEEPA categorically provides for tariffs, though spilling much ink on the topic, a majority of the court held that IEEPA doesn't confer unbounded tariff authority (V.O.S. Selections v. Donald J. Trump, Fed. Cir. #s 25-1812, -1813).
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said the president doesn't have unlimited tariff authority under the International Emergency Economic Powers Act. Seven of the court's 11 total justices presiding over the case affirmed the Court of International Trade's conclusion that President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico meant to combat the flow of fentanyl exceed the president's authority under IEEPA.
The top trade negotiator from Japan canceled his trip to the U.S. this week, which was meant to nail down a reduction in auto tariff rates for Japan, Bloomberg reported. While the overall reciprocal tariff rate is 15% for Japan, the country has not received the 15% rate on autos and auto parts, as agreed to in July, it said.
CBP is ready to process the low-value packages that used to qualify for de minimis, officials said Aug. 28, hours before the change comes into effect.
A law professor from Georgetown University and a former Biden administration official have differing outlooks on the future of the lawsuits on tariffs imposed under the International Emergency Economic Powers Act filed in courts. Professor Marty Lederman said he would be "very surprised" if the Federal Circuit or Supreme Court ruled against the government on non-delegation or major questions doctrine grounds. Lawyer and former federal official Peter Harrell, however, said that the courts may welcome an opportunity to curb executive power.
South Korea is likely waiting for a more definitive trade agreement with the U.S., especially as the two countries seem to reflect differing opinions on what deals have been affirmed, according to experts' observations of the Aug. 25 meeting at the White House between President Donald Trump and South Korean President Lee Jae Myung (see 2508250065).
Jewelers of America's and the International Diamond Manufacturers Association's leadership met with Peter Navarro last week to argue that diamonds shouldn't be subject to reciprocal import duties.
More international postal carriers have announced that they are temporarily suspending shipments to the U.S. that would've been eligible for the de minimis exception, according to multiple news sources (see 2508210036).
Vice President JD Vance said that the U.S. is imposing secondary tariffs on India for buying Russian oil, and not China, because China already has high tariffs.