A Wisconsin man filed a pro se lawsuit at the Court of International Trade challenging the president's ability to impose tariffs, arguing that any attempt by the president to levy import duties represents an improper delegation of power under the U.S. Constitution. The individual, Gary Barnes, said imposing tariffs "is not within the jurisdiction of the President's duties," noting that the power to levy tariffs rests solely with Congress (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).
The abrupt change in how CBP will process low-value goods made in China because of President Donald Trump's executive order banning the de minimis exemption for these goods (see 2502030034) is causing some upheaval among shippers unfamiliar with the other types of customs processing, importers, brokers and logistics providers told International Trade Today.
The nominee to lead the Office of the U.S. Trade Representative, Jamieson Greer, told New Mexico Democrat Sen. Ben Lujan that, as he starts a sunset review of USMCA, he thinks rules of origin should be tightened up in some sectors.
China opened a dispute at the World Trade Organization on Feb. 5 to challenge the new 10% tariff imposed by the U.S. on all goods from China, claiming that the measure violates the General Agreement on Tariffs and Trade. China said that not only do the duties violate the U.S. government's "Schedule of Concessions and Commitments," they're also "discriminatory and protectionist in nature."
The Trump administration is determined to impose tariffs on China “regardless” of any progress it makes on stopping fentanyl from flowing into the U.S., a Chinese Foreign Affairs Ministry spokesperson said Feb. 5 during a regular press conference in Beijing. The U.S. is “bent on levying a 10 percent additional tariff on Chinese imports under the pretext of the fentanyl issue,” the person said, adding that Beijing “firmly deplores and opposes this move and has taken necessary measures to defend its legitimate rights and interests.”
Taiwan is setting up task forces and a consultation hotline to assist Taiwanese companies overseas that may be affected by new tariffs imposed by President Donald Trump, Taiwan’s Ministry of Economic Affairs announced Feb. 4. The task forces will be set up in the U.S., Canada, Mexico, Southeast Asia and South Asia to “provide real-time support” to Taiwanese businesses.
The European Commission is pushing for new import fees and customs controls on certain low-value e-commerce imports that it said are unsafe, counterfeit or don’t meet other EU product standards. The controls could target products from online marketplaces such as AliExpess, Amazon, Shein and Temu, the commission said, adding that those companies could be liable for the sale of unsafe products on their platforms.
The U.S. could use the False Claims Act to more aggressively combat tariff evasion, attorneys at Ropes & Gray said in a Feb. 3 alert. Companies should "carefully scrutinize their import policies and procedures to ensure they are adhering to all applicable laws," the firm said, adding that importers should ensure that they have "appropriate avenues" for internal and external parties to bring confidential reports to the company's attention.
The U.S. Postal Service suspended international inbound mail and packages from China and Hong Kong on Feb. 4 -- and then subsequently removed that suspension hours later.
Howard Lutnick, whose nomination advanced out of the Senate Commerce Committee Feb. 2 with a 16-12 vote, told senators from both parties that, despite the president's announcements that he would have "direct responsibilities over the Office of the U.S. Trade Representative," the scope of responsibilities for the USTR won't change, and his agency will coordinate with others working on trade policy.