Section 122 of the Trade Act of 1974 may be a more limited "fall-back option" for the Trump administration should the Supreme Court strike down all the tariffs President Donald Trump has imposed under the International Emergency Economic Powers Act, Dr. Mona Paulsen, law professor at the London School of Economic Law School, wrote in a blog post.
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.
The U.S. should drop tariffs on EU steel from 50% to 15% and suspend Section 232 investigations targeting EU products as part of the two sides' trade framework announced in August (see 2508200052), said Bernd Lange, the chair of the EU Parliament’s Committee on International Trade. He also said the EU should work in a sunset provision that would end the agreement if the two sides haven’t made progress in 18 months.
CBP created Harmonized System Update 2539 on Oct. 31, containing 38 Automated Broker Interface records and 17 Harmonized Tariff Schedule records. It includes the Section 232 duties on Medium- and Heavy-Duty Vehicles (MHDVs), Medium- and Heavy-Duty Vehicle Parts (MHDVPs), and buses effective Nov. 1, pursuant to Presidential Proclamation 10984 issued on Oct. 17.
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.
As the Office of the U.S. Trade Representative considers whether the U.S. wants to continue the USMCA, it will evaluate more than 1,500 comments from farmers, manufacturers, retailers, civic society and broad business interests that operate in all three countries.
President Donald Trump won't attend the oral arguments at the Supreme Court over the legality of his use of the International Emergency Economic Powers Act to levy tariffs on countries around the world, he announced Nov. 2.
CBP has provided guidance on how to offset duties or claim an import adjustment for imports of automobile parts via an Oct. 31 cargo systems message.
As CBP ramps up enforcement and seeks to ensure that importers' claims of first sale are valid, expect the agency to pay close attention to the documents of the middleman, said tax consultants with KPMG during an Oct. 27 presentation on first sale at the International Compliance Professionals Association's annual conference in Texas.
CBP erroneously found that importer Superon Schweisstechnik's stainless steel round wires aren't coated in a "flux material" and thus misclassified three types of the wires, Superon argued in an Oct. 30 complaint filed at the Court of International Trade. The importer faulted CBP for using the "conventional test methods" on the wires' coating, "rather than the globally recognized specialized methods necessary for identifying" the type of coating on the wires (Superon Schweisstechnik India v. United States, CIT # 21-00570).