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.
Experts predicted that a trade deal between the United States and China is unlikely in the short term and that any deal will depend on "some sort of down payment" by China before negotiations can begin.
President Donald Trump declared that if China doesn't withdraw its 34% retaliatory tariff hike, "above their already long term trading abuses by tomorrow, April 8th, 2025, the United States will impose ADDITIONAL Tariffs on China of 50%, effective April 9th. Additionally, all talks with China concerning their requested meetings with us will be terminated! Negotiations with other countries, which have also requested meetings, will begin taking place immediately. Thank you for your attention to this matter!"
The New Civil Liberties Alliance filed a lawsuit on behalf of paper importer Emily Ley Paper, doing business as Simplified, on April 3 challenging President Donald Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose 20% tariffs on all goods from China. Filing suit in the U.S. District Court for the Northern District of Florida, Simplified laid out three constitutional and statutory claims against the use of IEEPA to impose tariffs and one claim that the tariffs violate the Administrative Procedure Act for unlawfully modifying the Harmonized Tariff Schedule (Emily Ley Paper, doing business as Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
Customs attorney Dan Ujczo, who has contacts in the White House as well as clients who are major automakers, said he thinks the 25% tariffs on Canada and Mexico over migration and fentanyl will continue past April 2, and will be stacked with auto tariffs and the reciprocal levies.
Customs attorney Dan Ujczo, speaking to an audience of automotive industry compliance officials hosted by the Automotive Industry Action Group, cautioned that if the listeners' companies are exporting auto parts from Mexico or Canada, they shouldn't assume that they have until May 3 before 25% tariffs are going to bite. (This is assuming the parts currently qualify for USMCA and therefore are avoiding the 25% tariffs imposed on exports from those countries under the guise of a national emergency on fentanyl smuggling and migration.)
Most business interests argued that removing goods subject to Section 301 tariffs is not administrable, would damage the economy, and, if not abandoned, needs a long lead time to prepare for, in comments to CBP.
Associations' views diverged widely on the wisdom of codifying a modified Type 86 process and tweaking the clear-from-the-manifest process for de minimis entries. Groups also disagreed on CBP's proposals for what new data should be submitted. The agency received 95 comments on its proposal, though dozens were from individuals and didn't make substantive suggestions. Some associations and companies addressed both this proposed rule and the one that would carve out sections 301 and 232 goods from de minimis. The comment period for that rule closes March 24.
Going from zero tariffs on most Canadian and Mexican imports to 25% convulsed Capitol Hill and foreign capitals, with some Republicans diverging from the president's protectionist message and Democrats universally using the action to attack Trump as the reason prices will go up.