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…
To kick off its 2026 Global Trade and Customs Webinar Series Baker McKenzie’s global customs team led a discussion on the the impact of the US Supreme Court’s recent IEEPA ruling and how the decision reshapes the global trade landscape. Below are the key takeaways from our recent discussion on the ruling. You can view the webinar recording and register for upcoming installments in the series here. 1. IEEPA-based tariffs declared illegal The US Supreme…
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,…
On January 29, 2026, President Trump signed Executive Order 14380, “Addressing Threats To the United States by the Government of Cuba” (the “Executive Order”), in which he declared a national emergency with respect to Cuba and authorized the United States to impose new tariffs on imports from countries that directly or indirectly supply oil to the Government of Cuba. The Executive Order is accompanied by a White House Fact Sheet outlining the administration’s national security…
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 15, 2026, the United States and Taiwan concluded a trade and investment deal establishing a strategic economic partnership focused on semiconductor manufacturing, tariff reform, and reciprocal market access. According to the US Department of Commerce fact sheet, the deal seeks to “drive a massive reshoring of America’s semiconductor sector” while providing Taiwan with tariff stability and investment assurances. Overview Tariff Relief: The deal introduces a predictable tariff framework. US duties on Taiwanese goods…
On November 13, 2025, the United States and South Korea issued a joint factsheet announcing the formalization of a series of trade-related negotiations. The announcement builds upon prior arrangements and reflects ongoing negotiations between the two countries’ leaders, including recent meetings and state visits. The announcement confirms the trade deal announced in July 2025, which set a 15% tariff rate for most South Korean imports, and also represents a comprehensive approach to the critical economic…
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…