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.
President Donald Trump has threatened to place additional tariffs on Mexican and Canadian goods over Mexican water use and Canadian fertilizer trade practices.
CBP improperly denied importer Software Brokers of America, doing business as Intcomex, the temporary exclusion from International Emergency Economic Powers Act tariffs on China for in-transit merchandise, the importer argued in a Dec. 5 complaint at the Court of International Trade (Software Brokers of America d/b/a Intcomex v. United States, CIT # 25-00381).
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.
Steel interests, steelworkers and aluminum interests mostly said that 50% tariffs on steel and aluminum should remain for Canadian and Mexican exports even after upcoming USMCA review, with exceptions among some aluminum witnesses and the Mexican steel industry.
Almost 75 House members, from both parties, asked the U.S. trade representative to hold Canada accountable for not meeting its dairy commitments under USMCA. The U.S. already brought two panels against Canada over the issue of its tariff rate quota administration, and while it won some arguments in the first dispute, Canada's fixes were ruled adequate in the second (see 2311240002).
Goods entered using a Chapter 98 provision that avoids International Emergency Economic Powers Act tariffs must still list the otherwise applicable IEEPA Chapter 99 classification on the entry, CBP said in a Dec. 5 update to its FAQ on IEEPA tariffs. Otherwise, ACE will reject the submission, the agency said.
Former South Korean trade negotiators complained that the U.S. is acting in bad faith in its trade negotiations and doubted the durability of the recent U.S.-Korea trade deal, though former Trump administration officials lauded the deal as a win-win for both countries.
The U.S. Chamber of Commerce, Business Roundtable and other major voices of business said Section 232 tariffs applied to Canadian and Mexican goods that meet USMCA eligibility are a clear violation of the pact, and need to end. The business groups, which opened the second day of an Interagency hearing on what the U.S. should prioritize in next year's USMCA review, also emphasized how imports from and exports to Mexico and Canada are essential for domestic manufacturing.
Thirty House Democrats joined the sponsor who introduced a bill last month to refund reciprocal tariffs paid by small businesses. Rep. Chris Pappas, D-N.H., publicized the bill Dec. 1. There is a Senate companion bill.