The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the Lists 3 and 4A Section 301 tariffs. CAFC Judges Todd Hughes and Alan Lourie, along with Judge Rodney Gilstrap of the Eastern District of Texas, who was sitting by designation, said the tariffs were a valid exercise of the government's authority under Section 307(a)(1)(C), which lets the U.S. Trade Representative "modify or terminate any action" taken under Section 301, where such action is "no longer appropriate."
The U.S. Court of Appeals for the Federal Circuit on Sept. 25 upheld the lists 3 and 4A Section 301 tariffs on China, finding them to be a valid exercise of authority under Section 307(a)(1)(C). CAFC Judges Todd Hughes and Alan Lourie, along with Eastern District of Texas Judge Rodney Gilstrap, sitting by designation, held that the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose."
Tariff cuts for automobiles and auto parts take retroactive effect Aug. 1, said the Commerce Department and the Office of the U.S. Trade Representative in a notice implementing that and other parts of the recent U.S.-EU trade deal.
National Customs Brokers & Forwarders Association of America leadership raised concerns about the Section 232 tariff inclusion process and plans for an external revenue service in recent meetings on Capitol Hill and with agency officials, NCBFAA customs counsel Lenny Feldman said in an interview.
Sen. Catherine Cortez Masto, D-Nev., and Sen. Dave McCormick, R-Pa., introduced a bill last week to direct the Office of the U.S. Trade Representative to prioritize convincing Canada and Mexico to institute a foreign investment review board similar to the Committee on Foreign Investment in the United States, or CFIUS.
Rick Switzer was approved as the deputy U.S. trade representative for Asia, textiles, investment, services and intellectual property as part of a bloc of nominees approved en masse by the Senate Sept. 18. Switzer spent most of his career in the Foreign Service at the State Department.
The Office of the U.S. Trade Representative is soliciting comments for its annual National Trade Estimate Report on Foreign Trade Barriers, which can cover goods, services, foreign direct investment and e-commerce access. Comments are due by 11:59 p.m. EDT on Oct. 30, and should be submitted at http://www.regulations.gov, docket number USTR-2025-0016.
The Office of the U.S. Trade Representative is seeking views on how the USMCA is working, as the three participating countries begin a joint review of the pact in July 2026.
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The Office of the U.S. Trade Representative is seeking comments on whether any of the 178 existing Section 301 exclusions should be extended past Nov. 29. Comments must be submitted at https://comments.USTR.gov. The portal will open Sept. 16 at 12:01 a.m. EDT and close Oct. 16 at 11:59 p.m. EDT. A list of all the products that are receiving exclusions also will be at the portal.