Companies are starting to feel their way into a long-range import plan while still coping with a number of unknowns in the near term, according to a DHL official speaking during a May 12 company webinar on U.S. tariff updates.
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 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 Trump administration is leaving 20% tariffs levied in response to fentanyl smuggling in place, while reducing what had been 125% reciprocal tariffs to just 10%, the same as all reciprocal tariffs globally.
The Commerce Department is beginning a Section 232 investigation on possible tariffs on commercial aircraft and jet engines, including parts, it said in a notice released May 9. The agency will consider “the effects on national security of imports of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines,” as well as “whether additional measures, including tariffs or quotas, are necessary to protect national security,” among other things. Comments are due June 3.
The only two countries in the world whose trade deals with the U.S. are still being honored are Mexico and Canada, a Mexican trade expert said, meaning the impact of fentanyl tariffs, steel and aluminum Section 232 tariffs, and auto and auto parts tariffs on Mexico's exports to the U.S. is not as dramatic as initially feared. Still, nearly 30% of the $505.9 billion in goods exported to the U.S. last year would face 25% additional tariffs now, either because the goods are subject to a Section 232 action, or they are goods that cannot meet USMCA rules of origin, an expert said.
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%.
The Commerce Department is beginning a Section 232 investigation into possible tariffs on commercial aircraft and jet engines, including parts, it said in a notice released May 9. The agency will consider “the effects on national security of imports of commercial aircraft and jet engines, and parts for commercial aircraft and jet engines,” as well as “whether additional measures, including tariffs or quotas, are necessary to protect national security,” among other things. Comments are due June 3.
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.
The chaotic situation that importers and customs brokers have been facing as tariff policy swings wildly from one extreme to the next is partially due to the fact that CBP is unable to influence policy in the Trump administration, Pete Mento, director of customs and international trade at DSV, said on May 8. Decisions about tariffs are made without expert insight into how their actual implementation will affect the broader trade community, he said.