Although CBP has provided guidance on how to file entries for steel and aluminum derivatives under the Section 232 tariffs, some trade community members are still unclear about how to determine the value of the steel or aluminum content in more complex situations, according to trade attorney George Tuttle, speaking on an Aug. 27 webinar.
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said President Donald Trump exceeded his authority under the International Emergency Economic Powers Act by imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. Declining to address whether IEEPA categorically provides for tariffs, though spilling much ink on the topic, a majority of the court held that IEEPA doesn't confer unbounded tariff authority (V.O.S. Selections v. Donald J. Trump, Fed. Cir. #s 25-1812, -1813).
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said the president doesn't have unlimited tariff authority under the International Emergency Economic Powers Act. Seven of the court's 11 total justices presiding over the case affirmed the Court of International Trade's conclusion that President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico meant to combat the flow of fentanyl exceed the president's authority under IEEPA.
Fariha Kabir, a former international trade litigation attorney at CBP, has left the agency to join Faegre Drinker as an associate, she announced on LinkedIn. Kabir had worked at CBP since 2021, helping with the litigation of customs matters before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit, including cases on tariff classification and value, the exclusion or detention of import entries, and CBP regulations.
The top trade negotiator from Japan canceled his trip to the U.S. this week, which was meant to nail down a reduction in auto tariff rates for Japan, Bloomberg reported. While the overall reciprocal tariff rate is 15% for Japan, the country has not received the 15% rate on autos and auto parts, as agreed to in July, it said.
Mexico has joined other countries in opting to temporarily suspend low-value shipments to the U.S. amid uncertainties over how international carriers must comply with levying duties, according to multiple news reports. It's now one of more than 25 other countries that have stopped low-value shipments to the U.S. and await guidance from CBP on how to proceed (see 2508260026).
The International Trade Commission published notices in the Aug. 28 Federal Register on the following antidumping and countervailing duty injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Commerce Department published notices in the Federal Register Aug. 28 on the following antidumping and countervailing duty (AD/CVD) proceedings (any notices that announce changes to AD/CVD rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department said it's rescinding the administrative review of the antidumping duty order on certain magnesia carbon bricks from China (A-570-954) for the period of review Sept. 1, 2023, though Aug. 31, 2024, because there were no reviewable, suspended entries of subject merchandise during that period for the companies subject to the review. The cash deposit rates won't change, and the current cash deposit requirements will remain in effect until further notice. Because the review has been rescinded in its entirety, the entries to which it pertained will be assessed AD at rates equal to the cash deposit of estimated AD required at the time of entry, or withdrawal from warehouse, for consumption, Commerce said.
The Commerce Department will suspend liquidation and set new countervailing duty cash deposit requirements for imports of monomers and oligomers from Taiwan (C-583-880), after finding subsidization of Taiwanese producers in the preliminary determination of its CVD investigation. Suspension of liquidation and cash deposit requirements are set to take effect for entries on or after Aug. 29, the date that the preliminary determination is due to be published in the Federal Register.