President Donald Trump may look to ramp up his use of sections 232 and 301 should the Supreme Court rule that the International Emergency Economic Powers Act can't be used for levying tariffs, various lawyers told us. However, the expanded use of these statutes, both as they are being used now and how they may be used to supplant the existing reciprocal and fentanyl trafficking tariffs, may encounter legal difficulties.
CBP issued the following releases on commercial trade and related matters:
There are probably five justices who will find that the reciprocal tariffs were not permissible under the International Emergency Economic Powers Act that the president used to impose them, according to Georgetown University Law Center Professor Marty Lederman. Lederman, a senior fellow in the Supreme Court Institute at Georgetown, was one of two guests on the weekly Washington International Trade Association podcast that aired Nov. 7.
Two Trump appointees, along with the three liberal justices, had sharp questions for the Trump administration's advocate as the Supreme Court held a nearly three-hour hearing on the constitutionality of tariffs imposed around the world under the International Emergency Economic Powers Act.
The U.S. will drop tariffs on Chinese goods by 10 percentage points on Nov. 10, and also will stop collecting ship-docking fees under the Section 301 action on shipbuilding on that date, the administration announced over the weekend. The fees are suspended for one year.
U.S. Trade Representative Jamieson Greer said that whether the deal that was just signed with China is a one-year de-escalation, or more, "is in China's hands to some degree." He called the period a confidence-building step, but that if China doesn't do as it promised, then the U.S. has other options.
The U.S. is dropping 10 percentage points of the 20% fentanyl tariff on China, and is also lifting port fees on Chinese commercial ships, after President Donald Trump and Chinese President Xi Jinping met in South Korea.
A group of 36 senators and 171 representatives filed an amicus brief last week at the Supreme Court, challenging President Donald Trump's ability to impose tariffs under the International Emergency Economic Powers Act. All the signatories were members of the Democratic Party, save for Sen. Lisa Murkowski, R-Alaska (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Treasury Secretary Scott Bessent said after two days of meeting with Chinese negotiators, he anticipates a threatened additional 100% tariff on Chinese goods won't come Nov. 1, and that the Chinese will defer their critical minerals export control licensing scheme.
President Donald Trump told reporters that unless China stops fentanyl shipments, resumes buying U.S. soybeans and stops playing "the rare earth game with us," he won't lower tariffs.