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.
President Donald Trump, responding to a reporter's quote from Treasury Secretary Scott Bessent that the administration is considering tariff exemptions for car seats from China [see Ref:2505060052]), said he doesn't know if he wants to do that.
The following lawsuits were filed at the Court of International Trade during the week of April 28 - May 4:
Hogan Lovells lawyers, speaking to an audience from the Massachusetts Export Center, said that conservative Supreme Court justices' desire to curtail executive decision-making through the "major questions doctrine" could put a stop to tariffs on countries around the world levied via the International Emergency Economic Powers Act, or IEEPA.
The following lawsuits were filed at the Court of International Trade during the weeks of March 17-23, March 23-30, March 31 - April 6, April 7-13, April 14-20 and April 21-27:
Tariff rates above 200% essentially function “as an import ban” for some members of the American Apparel and Footwear Association because, at that price point, “companies don’t ship, they don’t import, they don’t make, they don’t buy,” the trade association’s head said on the Trade Guys podcast April 29.
Former U.S. Trade Representative Robert Lighthizer, who served in that role in President Donald Trump's first term, told an audience at the Council on Foreign Relations that he thinks "there’s a reasonable chance the CIT would enjoin" tariffs levied under the International Emergency Economic Powers Act, or IEEPA. Trump used IEEPA to levy 25% tariffs on Canada and Mexico over fentanyl and migration, as well as 20% tariffs on China over fentanyl, and used it to levy 10% tariffs on countries other than those three, and an additional 125% tariffs on Chinese goods.
Automakers who build cars in America and import parts to do so will get a partial credit against the costs of 25% Section 232 tariffs on non-USMCA qualifying parts -- but the Commerce Department will examine companies' projections of both how many cars and light trucks they expect to build in the U.S. between April 3, 2025, and April 30, 2026, and the aggregate value of the MSRP of those vehicles.
Recent U.S. trade actions, such as the IEEPA tariffs on China, Canada and Mexico, the Section 232 tariffs on steel and aluminum derivatives, and the temporarily paused reciprocal tariffs on dozens of countries worldwide, could cause global container volumes to slump by 1% in 2025, according to U.K-based maritime shipping advisory firm Drewry.