The following lawsuits were filed at the Court of International Trade during the week of Nov. 10-16:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit on Nov. 17 issued its mandate in the massive litigation on the lists 3 and 4A Section 301 tariffs on China. The importers who challenged the tariffs didn't file an appeal of the matter to the Supreme Court prior to the issuance of the mandate. Last month, the court upheld the tariffs, finding them to be a valid exercise of authority under Section 307(a)(1)(C) (see 2509250028). The court said the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose" (HMTX Industries v. United States, Fed. Cir. # 23-1891).
President Donald Trump may look to ramp up his use of sections 232 and 301 should the Supreme Court rule that the International Emergency Economic Powers Act can't be used for levying tariffs, various lawyers told us. However, the expanded use of these statutes, both as they are being used now and how they may be used to supplant the existing reciprocal and fentanyl trafficking tariffs, may encounter legal difficulties.
Trade experts -- including the chief negotiator for the U.S.-South Korea free trade agreement -- were puzzled by language in a joint statement on the recent Korea tariff deal Nov. 15.
President Donald Trump may look to ramp up his use of sections 232 and 301 should the Supreme Court rule that the International Emergency Economic Powers Act can't be used for levying tariffs, various lawyers told us. However, the expanded use of these statutes, both as they are being used now and how they may be used to supplant the existing reciprocal and fentanyl trafficking tariffs, may encounter legal difficulties.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. is eliminating 15% tariffs on Ecuadoran bananas and cocoa, and 10% tariffs on Guatemalan coffee and Argentinian beef, as the three countries have reached framework agreements on reciprocal trade.
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 27 - Nov. 2 and Nov. 3-9:
As customs brokers and importers respond to sudden changes in U.S. trade compliance regulations, the trade will need to come up with new models that can allow companies to be nimble when those changes trickle down to the Harmonized Tariff Schedule, trade expert Cindy Allen said recently at the Automotive Industry Action Group's North American Customs and Trade Town Hall on Nov. 6 in Detroit.