Plaintiffs in the primary case on the legality of tariffs imposed under the International Emergency Economic Powers Act told the Supreme Court on Sept. 5 that they consent to the high court's review of the case. Responding to the government's petition for writ of certiorari filed after the U.S. Court of Appeals for the Federal Circuit ruled against many of the tariffs, the plaintiffs, consisting of five importers, said Supreme Court review is "essential," and the court's "final word is needed urgently" in light of the harm wrought by the tariffs (Donald J. Trump v. V.O.S. Selections, U.S. 25-250).
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Sept. 4, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
CBP is correcting mistakes it made in an interim final rule published in January amending regulations for the USMCA, the agency said in a notice to be published Sept. 8. CBP said that the USMCA IFR "inadvertently omitted" a conforming amendment, removed paragraphs unrelated to USMCA amendments, and contained an "inaccurate amendatory instruction." The omitted amendment was the instructions for 19 CFR 10.224 and the removed paragraphs were from 19 CFR 10.237 and 113.62. The inaccurate amendatory instruction led to the omission of an amendment to the Appendix to 19 CFR part 163.
More products could fall under Section 232 tariffs on steel and aluminum as the federal government continues to take in requests for new products to be covered, according to trade attorney Michael Roll, who was speaking on a Sept. 3 webinar sponsored by A.N. Deringer.
Japanese goods with most favored nation (MFN) duties of 15% or lower will be subject to a 15% reciprocal tariff, all inclusive, retroactive to 12:01 ET Aug. 7, the White House said in an executive order. The order applies the same 15% rule for goods subject to Section 232 tariffs on autos and auto parts upon publication of a Federal Register notice modifying the Harmonized Tariff Schedule. That notice will come within seven days of the executive order being published.
It's unlikely -- but not impossible -- that an importer will be able to obtain a refund on paying fentanyl tariffs levied under the International Emergency Economic Powers Act when the importer hadn't claimed USMCA at entry beforehand, according to trade attorney Michael Roll, who was speaking on a Sept. 3 webinar sponsored by A.N. Deringer.
Rep. Greg Steube, R-Fla., a member of the House Ways and Means Subcommittee on Trade, told International Trade Today that Subcommittee Chairman Adrian Smith, R-Neb., is looking to pass a renewal of the African Growth and Opportunity Act "now that we got the big, beautiful bill through," adding that Smith has wanted to do this "for a while."
Trade attorneys helping importers comply with duty collection regulations are seeing Customs officials increase their scrutiny of entry filings via a higher rate of CF-28 forms being sent to companies, according to comments made during various webinars this week.
Small shippers will "get hosed" by the end of the de minimis policy, while larger companies will find ways to manage, trade experts said on a podcast hosted by the Center for Strategic and International Studies.
The International Trade Commission published notices in the Sept. 4 Federal Register on the following antidumping and countervailing duty injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):