The chaotic situation that importers and customs brokers have been facing as tariff policy swings wildly from one extreme to the next is partially due to the fact that CBP is unable to influence policy in the Trump administration, Pete Mento, director of customs and international trade at DSV, said on May 8. Decisions about tariffs are made without expert insight into how their actual implementation will affect the broader trade community, he said.
The Bureau of Industry and Security will post all valid requests for new tariff subheadings to be added to the lists of derivatives subject to Section 232 steel and aluminum tariffs after the conclusion of the two-week window to submit requests that began May 1, BIS said in an interim final rule published May 2 (see 2504300031). Once they are posted, BIS will accept comments for 14 days.
CBP said it plans to publish by May 16 refund procedures "and any necessary updates" for imported goods that are no longer subject to tariff stacking, according to a May 1 cargo systems message.
New tariff schedule subheadings may be added to the list of derivatives subject to Section 232 steel and aluminum tariffs up to three times every year, with the first 60-day “inclusions” process beginning May 1, the Bureau of Industry and Security said in an interim final rule released April 30.
President Donald Trump issued an executive order April 29 exempting all goods "subject to" International Emergency Economic Powers Act tariffs on Canada and Mexico from Section 232 tariffs on steel and aluminum.
The three judges assigned to the case challenging President Donald Trump's use of the International Emergency Economic Powers Act -- Jane Restani, Gary Katzmann and Timothy Reif -- may be poised to rein in the administration's use of the act to impose tariffs, various attorneys told us. Based on their prior jurisprudence and professional backgrounds, the attorneys said, it seems likely the trio may pare back Trump's tariff-setting authority, though it's ultimately unclear to what extent.
Counsel for two members of the Blackfeet Nation tribe that recently filed a lawsuit against the recent tariff action taken by President Donald Trump told us that she believes jurisdiction to be proper in the U.S. District Court for the District of Montana. Monica Tranel, the attorney for Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also said that she believes she can obtain a preliminary injunction against the spate of tariffs recently imposed on Canada due to the size of the harm to the agriculture and tourism industry in western Montana.
Given the prohibitively high tariff levels placed on China, and the uncertainty surrounding reciprocal tariffs on other countries, USMCA-qualifying goods from Canada and Mexico are advantageous options for importers, according to compliance experts speaking at an Automotive Industry Action Group event on April 9.
Two members of the Blackfeet Nation tribe filed a lawsuit in the U.S. District Court for the District of Montana against various tariff actions by President Donald Trump, arguing that Trump's use of the International Emergency Economic Powers Act is an "unconstitutional exercise of congressional authority." The individuals, Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also claimed that Trump's tariff orders unconstitutionally deprived them of procedural due process and are "void for vagueness."
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.