The following lawsuits were filed at the Court of International Trade during the week of Feb. 3-9:
Importers appear to be clamoring for more clarity over how CBP could potentially process imports of steel and aluminum derivatives in response to President Donald Trump’s executive orders earlier this week calling for 25% tariffs on steel and aluminum (see 2502110004).
The reciprocal tariffs that the U.S. intends to levy on imports -- which could be announced as soon as April 2 -- may not be a one-for-one match of the tariff rate of another country for that product. Rather, they could take into account wage suppression, exchange rate management, "mercantilist policies," non-tariff barriers, value-added tax and extraterritorial taxes.
Japan has asked the Trump administration to exempt it from new 25% tariffs on steel and aluminum imports, Japanese Minister of Economy, Trade and Industry Yoji Muto said during a Feb. 12 press conference.
President Donald Trump's recent expansion of Section 232 steel and aluminum tariffs likely would survive a judicial challenge, particularly in light of the string of cases challenging the Section 232 duties imposed during his first term, trade lawyers told us. Thomas Beline, partner at Cassidy Levy, said Trump's move to eliminate the country-specific arrangements and product exclusions is "likely defensible," since the statute lets the president take any action he deems necessary where an agreement is "not being carried out or is ineffective."
Rep. Rosa DeLauro, D-Conn., one of the leading voices in the House to end de minimis for e-commerce, said she wants President Donald Trump to remove all e-commerce from de minimis, so that it goes back to its original purpose of covering tourists' purchases. Given international direct-to-consumer shipping, "It’s become a vast gap in our customs regime," she said, causing a "flood of impossibly low-priced products that put American manufacturers out of business," and making it "almost impossible to enforce the ban on goods made with forced labor."
President Donald Trump's chief spokesman from his first term said that half-baked orders from the White House -- like an order to end de minimis for Chinese goods that CBP was not ready to implement -- is in part a result of Trump's memories of his staff trying to slow-walk and stop his tariff ideas.
Correction: A story in the Feb. 10 International Trade Today incorrectly stated that goods on the water would have an earlier March date for Section 232 tariffs to apply (see 2502100011). A White House spokesman incorrectly described the timing of the action. The effective date is actually March 12.
The opening salvos of President Donald Trump's aggressive trade actions in the first weeks of his administration may be a harbinger of what is to come in the next four years as trade experts predict an upending of the global trade system.
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