The Court of International Trade denied a group of importers' motion for a preliminary injunction against liquidation of their entries subject to tariffs imposed under the International Emergency Economic Powers Act on the basis that the trade court has the power to order reliquidation of the entries if the Supreme Court strikes down the IEEPA tariffs.
The Court of International Trade on Dec. 12 denied the government's motion for reconsideration of the trade court's previous decision to vacate CBP's finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor. Although Judge Timothy Reif said he made a mistake of fact in the initial decision, the mistake was a "harmless error," and that no mistake of law was made.
The U.S. on Dec. 11 filed its opposition to a motion for a preliminary injunction in dozens of cases filed by Crowell & Moring seeking refunds of tariffs imposed under the International Emergency Economic Powers Act (AGS Company Automotive Solutions v. United States, CIT Consol. # 25-00255).
The Office of the U.S. Trade Representative said it will impose a 10% Section 301 tariff on Nicaraguan imports beginning Jan. 1, 2027, but the tariffs won't apply to goods that qualify for the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). That tariff would be in addition to the 18% reciprocal tariff and most-favored nation rates, USTR said Dec. 10. The announcement says the Section 301 tariffs, which are intended to address human and labor rights abuses and the "dismantling of the rule of law," would increase to 15% on Jan. 1, 2028. "Further, should Nicaragua show a lack of progress in addressing these issues, this timeline and these rates may be modified," USTR said.
U.S. Trade Representative Jamieson Greer signaled that the Trump administration is preparing a broad overhaul of key parts of the USMCA, focusing on changing non-automobile rules of origin to incentivize U.S. production.
As lawsuits seeking refunds of International Emergency Economic Powers Act tariffs at the Court of International Trade continue to mount, lawyers remain uncertain of the refund process that would be followed should the Supreme Court strike down the tariffs, including whether refunds will come via judicial or administrative pathways.
CBP on Dec. 4 created Harmonized System Update 2542 containing 40 Automated Broker Interface records and 13 Harmonized Tariff Schedule records. HSU 2542 contains the updates pursuant to the United States-Korea Strategic Trade and Investment Deal; the updates pursuant to the Section 301 product exclusion extensions notice; and an HTS flagging change in support of the partner government agency message set: the FDA tariff flag FD2 was changed to FD1 for HTS 2941.10.2000 Penicillin G salts.
Former trade officials said the Trump administration's tariff policy in Asia is being tested by China’s concern over recently completed U.S. tariff arrangements with Malaysia and Cambodia, which could complicate the administration’s push to wrap up deals with Vietnam and Indonesia.
Plaintiffs in the massive Section 301 litigation "have every intention" to appeal their case challenging the lists 3 and 4A Section 301 tariffs on China to the Supreme Court, Matt Nicely, lead counsel for the companies, told the Court of International Trade during a Nov. 4 status conference.
Trade lawyers are split over the necessity of filing lawsuits now to secure potential International Emergency Economic Powers Act tariff refunds should the Supreme Court invalidate them, according to interviews with lawyers.