The president's trade team has been suggesting that its definition of transshipment is different than what the word has traditionally meant -- that they will assign country of origin based on how much of the finished good was made from local inputs.
A 40% tariff on transshipped goods could apply to goods that include third-country content above 30%, according to Commerce Secretary Howard Lutnick, speaking on Fox Business Aug. 7.
Thompson Hine trade lawyer Dan Ujczo, who has expertise in North American trade and, particularly, automotive trade in the USMCA region, said the way the carve-outs to 25% Section 232 tariffs have been shaking out has surprised him -- and, he believes, has surprised countries that are automaking powerhouses.
The following lawsuits were filed at the Court of International Trade during the week of July 28 - Aug. 3.
U.S. Trade Representative Jamieson Greer, in two television interviews Aug. 1, defended a surprise 39% rate for Swiss exports and said his focus isn't on reaching new settlements before reciprocal tariffs begin collection Aug. 7. Rather, he said, "We're really focused right now on implementing the deals that have been reached."
The Court of International Trade on July 29 denied importers Johanna Foods' and Johanna Beverage Company's application for a temporary restraining order against President Donald Trump's threatened 50% tariff on Brazil. Judge Timothy Reif held that the importers failed to show "a likelihood that immediate and irreparable harm would occur before the threatened August 1, 2025 tariff" (Johanna Foods v. Executive Office of the President of the United States, CIT # 25-00155).
Former trade lawyer Scott Lincicome, who now leads the libertarian Cato Institute's trade division, said the administration learned the natural consequences of Section 301 tariffs when Chinese goods flow to India, Mexico and Vietnam as inputs to manufactured goods that are created in those countries.
Rep. Suzan DelBene, D-Wash., a lead sponsor of the Prevent Tariff Abuse Act, has convinced 71 other Democrats to join her in clarifying that the International Emergency Economic Powers Act doesn't give a president the ability to impose quotas, tariff rate quotas or tariffs on imports.
Although a majority of the Senate voted to end the underlying emergency that allowed the president to impose 25% tariffs on Canadian goods, a vote was blocked in the House.
Orange juice importers Johanna Foods and Johanna Beverage Company on July 22 asked the Court of International Trade to either temporarily, preliminarily or permanently enjoin the federal government from "imposing and enforcing" President Donald Trump's threatened 50% tariff on Brazil. Filing a combined application for a temporary restraining order and motions for a preliminary or permanent injunction, Johanna Foods and Johanna Beverage said the tariff isn't a proper exercise of either Section 301 or the International Emergency Economic Powers Act (Johanna Foods v. Executive Office of the President of the United States of America, CIT # 25-00155).