Expect upheaval as companies that previously imported goods from China under the de minimis exemption face President Donald Trump's ban via executive order on using de minimis for those goods, members of the trade community told International Trade Today.
After President Donald Trump announced his sweeping tariff action on China under the International Emergency Economic Powers Act, as well as now-delayed IEEPA tariffs on Mexico and Canada, trade lawyers told us to expect the duties to be challenged in court. Matt Nicely, lead counsel in the ongoing case against tariffs imposed on China during Trump's first administration, said in an email that a legal challenge is coming, a sentiment echoed across the trade bar.
After pulling back for the moment on threatened 25% tariffs on Canadian and Mexican imports, China is the only country facing imminent tariffs over fentanyl smuggling. The 10% tariffs will be added to most favored nation duties or, for goods subject to Section 301 duties of either 25% or 7.5%, to those duties and the underlying MFN rates.
Two Democrats have introduced a bill in the Senate that, if it becomes law, would prevent a president from levying tariffs on free-trade partners, on NATO members and on major non-NATO allies without congressional approval.
President Donald Trump told reporters that there are no concessions Mexico, Canada or China could make to avoid tariffs on Feb. 1, which he wants to use to punish them for trade deficits, fentanyl trafficking, and, in the case of Canada and Mexico, migration across their borders.
Rep. Greg Murphy, R-N.C., reintroduced a bill to disallow the use of de minimis entry for packages that include goods subject to Section 301 tariffs. The bill passed the House Ways and Means Committee in 2024 (see 2404180068). Murphy said in a Jan. 28 news release that two-thirds of de minimis imports are from China. "By updating our De Minimis law, we are creating a fairer playing field for American businesses to compete and ending abuse by Chinese companies," he said.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 20-26:
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A bipartisan bill has been introduced in the House that would require that the minimum tariff charged on Chinese goods be 35%, that tariffs higher than 35% in Column 2 of HTS be applied to some Chinese imports, 100% tariffs on hundreds of items on the Section 301 target list, and that the bound rates for U.S. tariffs, as declared at the World Trade Organization, should be changed to Column 2 for all countries.
North America trade expert Dan Ujczo, from Thompson Hine, was expecting 25% tariffs on Canada and Mexico to begin Jan. 20.