On September 25 and after years of litigation, the Federal Circuit upheld tariffs on Chinese goods imposed during President Donald Trump’s first term under Section 301 of the Trade Act of 1974 . The three-judge panel unanimously agreed that the administration had the authority to expand the initial tariffs from USD 50 billion to USD 320 billion worth of Chinese goods on products in 2019. Importers challenged the tariffs arguing they were unlawful. The court…
The US Department of Commerce announced that it had initiated separate investigations under section 232 of the Trade Expansion Act of 1962 into imports of a broad array of medical goods and imports of robotics and industrial machinery. These new investigations illustrate the administration’s growing reliance on Section 232 investigations to impose tariffs. Section 232 authorizes the President, through the US Department of Commerce, to examine national security impacts of specific imports. In addition to…
On September 25, President Donald Trump took to his social media platform Truth Social to announce a new wave of tariffs under Section 232 of the Trade Expansion Act, targeting furniture, pharmaceuticals and trucks. These measures, set to take effect on October 1, 2025, are framed as necessary for national security and are being implemented to revitalize domestic manufacturing, and seem to follow from the previously announced initiation of Section 232 investigations covering such products.…
On September 4, President Trump issued an executive order to implement a trade agreement recently reached between the United States and Japan. The executive order memorializes a trade agreement announced by President Trump in July and provides some additional details on the terms of the agreement. The agreement introduces a general tariff framework where a baseline 15% tariff will apply to nearly all Japanese imports. If a product’s existing tariff is less than 15%, it…
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…
On August 21, 2025, the European Union and United States unveiled their Framework on an Agreement on Reciprocal, Fair, and Balanced Trade (“Framework”). The Framework follows, and provides further detail to, the July announcement that the European Union and United States had agreed on broad terms of a trade deal. The Framework outlines the key terms of the trade deal that will be negotiated between the parties, and is a first step in a process…
On September 10th, Baker McKenzie’s Global Trade Practice will host a webinar in which a panel of our trade and customs experts from around the world will share their insights on the global state of tariffs as well as how to manage customs requirements and mitigate risks across the supply chain, providing practical advice to help you navigate these complexities. Topics to be covered include: The webinar will take place at 10:00 EDT / 15:00 BST…
On August 19, the Department of Homeland Security’s Office of Strategy, Policy, and Plans issued its annual update to its Uyghur Forced Labor Prevention Act Strategy (UFLPA Strategy). The update expands the list of high-priority enforcement sectors and adds 78 new entities to the Uyghur Forced Labor Prevention Act Entity List (UFLPA Entity List). The UFLPA Strategy was first issued in 2022 to support enforcement of the Uyghur Forced Labor Prevention Act (UFLPA), enacted in…