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…
On August 25, U.S. Customs and Border Protection (âCBPâ) issued a draft Federal Register notice to effectuate the Presidentâs Executive Order (âEOâ) on âAddressing Threats to the United States by the Government of the Russian Federation,â 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 5 August 2025, the European Commission adopted Implementing Regulation (EU) 2025/1727, suspending the commercial rebalancing measures imposed under Implementing Regulation (EU) 2025/1564. The suspension follows the political agreement reached between the EU and the US on 27 July 2025 (see our prior blog post on the EU â US Trade Deal here) and signals the EUâs intent to continue the negotiations constructively. On 24 July 2025, the EU published Implementing Regulation (EU) No. 2025/1564…
On 3 June 2025, Baker McKenzie kicked off its Annual Compliance Conference Webinar Series with a session focusing on the evolving customs and tariffs landscape under the new U.S. administration. The panel, chaired by Jenny Revis, featured our global experts who unpacked a number of recent sweeping changes, as well as strategic responses for businesses impacted by the ongoing shifts in global trade. The panel examined the current tariff landscape in the US, looking at…
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
On 30 April 2025, the European Court of Justice (âCJEUâ) issued a judgment on the concept of repayment granted âin errorâ as laid down in Article 116(7) of the Union Customs Code (âUCCâ). This article (116 (7) of the UCC) provides that if customs authorities have granted repayment or remission in error, the original customs debt shall be re-instated (insofar not time-barred). The CJEU ruled that the concept of repayment granted in âerrorâ should be…
In a context of increasing trade barriers to Brazilian exports, especially the additional tariffs imposed by the United States (US Reciprocal Tariffs) that include Brazilian exports, in addition to environmental restrictions on the export of Brazilian products by the European Union and other countries (such as the Carbon Border Adjustment Mechanism (CBAM) and other carbon control mechanisms (e.g. UK CBAM), imposed by the European Union and other countries), Law No. 15.122/2025 (known as the âEconomic Reciprocity Lawâ)…
Following the 90-day pause by President Trump on the individualized reciprocal tariffs (see our blog post here), the European Union (EU) followed suit and introduced a 90-day postponement of its retaliatory tariffs aimed at the US. This decision was made to allow both parties to engage in further negotiations and potentially reach a more amicable trade agreement. European Commission President Ursula von der Leyen welcomed President Trump’s decision, stating that the pause would help stabilize…
Yesterday, President Trump announced a 90-day postponement of the individualized reciprocal tariffs for most countries (see our blog post on these tariffs here), with the notable exception of China. This decision comes amidst ongoing global trade tensions and aims to provide temporary relief to international trade partners. However, the baseline tariff of 10% for most countries worldwide, which took effect on April 5, 2025, remains in place without a specified end date. China had previously indicated…
Introduction Yesterday Commissioner MaroĆĄ Ć efÄoviÄ at the Foreign Affairs Council (Trade) held a press conference following the recent developments following Trumpâs âLiberation Dayâ Tariffs Announcement (see our blog post on that topic here). Commissioner Ć efÄoviÄ addressed the current trade landscape between the European Union (EU) and the United States (US), highlighting both the challenges and opportunities for strategic collaboration. The Impact of Tariffs on EU Exports Approximately âŹ380 billion worth of EU exports to the US,…