On August 29, the US Court of Appeals for the Federal Circuit (CAFC) issued a 7-4 en banc opinion in VOS Selections, Inc v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose broad, indefinite tariffs. The case was initially brought in the Court of International Trade (CIT) by private businesses and US state attorneys general. The President invoked IEEPA on various grounds, including concerns about drug…
Effective today, August 29, 2025, de minimis duty-free treatment under 19 U.S.C. § 1321(a)(2)(C) is no longer available for shipments valued at $800 or less, entering into the United States, including those entering through international mail, under Executive Order (“EO”) 14324 of July 30, 2025. Carriers delivering shipments to the United States through the international postal network, or other qualifying parties that are approved by Customs and Border Protection (“CBP”), must collect and remit duties to CBP…
On August 25, U.S. Customs and Border Protection (“CBP”) issued a draft Federal Register notice to effectuate the President’s Executive Order (“EO”) on “Addressing Threats to the United States by the Government of the Russian Federation,” which imposed additional tariffs on imports of Indian origin due to India directly or indirectly importing Russian oil. Under these new tariffs, imports of most goods of Indian origin will be subject to an additional 25% duty, effective August 27, which…
As reported on our blog earlier this week here and here, this Wednesday, July 9th, President Trump sent a letter to Brazilian President Luiz Inacio Lula da Silva informing that the United States will be imposing 50% tariffs on all Brazilian imports effective August 1st. The seven-paragraph correspondence follows a week in which Brazil hosted the BRICs summit in Rio de Janeiro. The letter cites the ongoing trial in Brazil against former President Jair Bolsonaro,…
On June 17, the plaintiff-appellees in Learning Resources, Inc., et al v. Donald Trump, et al petitioned the Supreme Court of the United States for certiorari, asking the Court to consider the lawfulness of tariffs President Trump imposed under the putative authority of the International Emergency Economic Powers Act (IEEPA). With the appeal currently pending before the Court of Appeals for the District of Columbia Circuit (D.C. Circuit), the petition takes the uncommon step of…
On June 3, President Trump signed a proclamation increasing tariffs on certain imported steel and aluminum to 50% under Section 232 of the Trade Expansion Act of 1962. The proclamation increases the applicable rate of these duties from 25% and makes additional changes as to the applicable duties for certain products which could be subject to multiple tariff schemes. A summary of the effects of this June 3 proclamation are outlined in this update. Key…
Following a busy week in trade, with numerous US court decisions over the past days, businesses may be left wondering as the week wraps up: where does the recent flurry of decisions leave us? Where things stand Refresher on how we got here
In a landmark decision, the United States Court of International Trade (“CIT”) has ruled against the President’s imposition of tariffs under the International Emergency Economic Powers Act (“IEEPA”). The decision (involving two consolidated cases, V.O.S. Selections, Inc. et al. v. United States of America et al. and The State of Oregon et al. v. United States Department of Homeland Security et al.), is the first court decision on the Administration’s trade policy and the first…
In briefThe US Department of Commerce (“Commerce”) has initiated a Section 232 national security investigation into the imports of pharmaceuticals and pharmaceutical ingredients. This investigation aims to determine whether these imports threaten US national security. The scope of the investigation includes finished drug products, medical countermeasures, critical inputs such as active pharmaceutical ingredients (APIs), key starting materials, and derivative products of these items. Commerce may restrict imports of these products through tariffs, quotas, or other…
At 4 PM EDT on April 2, 2025, President Trump announced his reciprocal tariffs on all imports into the United States. Importantly, goods from Canada and Mexico were excluded from additional duties. Other announced rates include: United Kingdom (10%), EU (20%), China (34%), Vietnam (46%), Taiwan (32%), South Africa (30%), Japan (24%), India (26%), South Korea (25%), and Brazil (10%). While the White House Fact Sheet and Executive Order have been released, official documents referenced…