Tariffs. Customs. Trade Remedies

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Christine Streatfeild (US)

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On April 2, 2026, President Trump issued a proclamation adjusting imports of patented pharmaceuticals and associated pharmaceutical ingredients, including active pharmaceutical ingredients (APIs). The action followed an investigation by the Secretary of Commerce under Section 232 of the Trade Expansion Act of 1962, which the proclamation states concluded that imports of patented pharmaceuticals and related inputs were being imported into the United States in such quantities and under such circumstances as to threaten to impair…

In Learning Resources, Inc. v. Trump, the U.S. Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs.  While Learning Resources concluded that the IEEPA tariffs are invalid, the Court did not address refunds, leaving the question to the lower court, the U.S. Court of International Trade (CIT). Recent Developments Impacting Refund Considerations In December, the CIT responded to a wave of new complaints brought by…

In a widely anticipated decision, on February 20, 2026, the US Supreme Court ruled in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (“IEEPA”) does not authorize the President to impose tariffs. This decision invalidates substantial tariffs that President Trump imposed under the IEEPA in the first year of his second term, resetting the trade landscape. Following the Supreme Court’s announcement, the Trump Administration issued an executive order terminating the IEEPA tariffs,…

This blog series provides Baker McKenzie’s insights and strategic advice on the 2026 USMCA review, including how businesses should prepare for changes to this trilateral agreement. Baker McKenzie’s North American customs team includes trade professionals, attorneys and economists in Canada, the US and Mexico. We have a reputation for delivering strategic and practical advice to optimize supply chains under the USMCA, foster compliance, and address commercial concerns arising from Chapter 31 disputes. President Trump…

This blog series provides Baker McKenzie’s insights and strategic advice on the 2026 USMCA review, including how businesses should prepare for changes to this trilateral agreement. Baker McKenzie’s North American customs team includes trade professionals, attorneys and economists in Canada, the US and Mexico. We have a reputation for delivering strategic and practical advice to optimize supply chains under the USMCA, foster compliance, and address commercial concerns arising from Chapter 31 disputes. A trilateral…

On January 14, 2026, President Trump issued two proclamations under Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. § 1862), relating to imports of semiconductors and critical minerals (the “Semiconductor Proclamation” and “Critical Minerals Proclamation”, respectively). These proclamations—especially the Semiconductor Proclamation, which imposes an immediate 25% tariff on imports of certain semiconductors—will likely have significant impacts on U.S. trade in these sectors. Semiconductor Proclamation The Semiconductor Proclamation was issued based on the…

On 14 November 2025, Switzerland, Liechtenstein, and the United States announced a framework to negotiate an Agreement on Fair, Balanced, and Reciprocal Trade (see joint statement here and press release of Swiss government here, see fact sheet here). This development brings long-awaited relief to Swiss market participants after the steep 39% tariffs introduced on 1 August 2025 (Swiss national day) sent shock waves through the Swiss economy. Under the framework, the United States will reduce…

Following an investigation initiated in December 2024, the Office of the United States Trade Representative (USTR) issued a formal determination under Section 301 of the Trade Act of 1974. A report published by USTR pursuant to the investigation found that the Nicaraguan government’s systematic repression of dissent, misuse of laws to target civil society, and broader violations of labor and human rights burden US commerce. The determination recommends several measures in response to the findings,…

On September 29, 2025, President Donald J. Trump issued a proclamation imposing new tariffs on imports of timber, lumber, and wood products as a result of an ongoing investigation under Section 232 of the Trade Expansion Act of 1962 that was initiated on March 1, 2025. In accordance with this investigation, the President concluded that duties should be imposed on certain timber, lumber, and wood products to address national security concerns. To address these concerns,…

The US Supreme Court granted certiorari in VOS Selections, Inc. v. Trump on September 9, agreeing to review a recent decision of the Court of Appeals for the Federal Circuit that held that the invocation of the International Emergency Economic Powers Act (IEEPA) to impose tariffs on dozens of trading partners is illegal. For further information on what’s at stake in VOS Selections, see our earlier commentary here and here. The Court has also consolidated…