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 (âCITâ) has ruled against the President’s imposition of tariffs under the International Emergency Economic Powers Act (âIEEPAâ). 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 brief Following the US administration’s extensive new import tariffs, many companies are grappling with increased costs and supply chain uncertainty. What happens when a deal becomes financially unsustainable due to government-imposed trade restrictions? Companies should consider the force majeure and change management clauses in their contracts, and the doctrines of impossibility, impracticability and frustration of purpose under applicable statutes and the common law, to assess whether they are entitled to relief. This article examines these…
On 2 April 2025, United States President Donald J. Trump has invoked his authority under the US International Emergency Economic Powers Act of 1977 (IEEPA) to impose the following tariffs on imports into the United States: Certain goods are not subject to the reciprocal tariffs (e.g., steel, aluminum and autos and auto parts subject to existing Section 232 tariffs [of the US Trade Expansion Act of 1962], copper, semiconductors, pharmaceuticals, lumber, certain energy and critical…
President Trump issued a memorandum on February 21, 2025, directing the US Trade Representative (âUSTRâ) to make specific determinations regarding actions the administration may take in response to digital services taxes (âDSTsâ) imposed by certain trading partners since 2019, as well as issue other recommendations to respond to trade and regulatory measures of other countries. The memorandum states that the Trump Administrationâs policy shall be to impose tariffs and take other actions in response to…
President Trump issued a memorandum directing the US Trade Representative (âUSTRâ) and Secretary of Commerce to investigate alleged harm from non-reciprocal trade measures by trade partners and to issue recommendations based on their investigation.  The memorandum argues that a range of tariff and non-tariff measures maintained by various countries have contributed to unfair and unbalanced trade and harmed the United States.  Non-tariff measures specifically identified in the memorandum as being unfair and harmful to the United States include: The memorandum directs…
Baker McKenzieâs Global Customs Practice invites you to join us for a follow up webinar on “Trump and Tariffs: Section 232 Tariff Announcement, Reciprocal & Retaliatory Tariffs and More”This one-hour webinar will take place Thursday, 20 February 2025 at 10:00 CST / 11:00 EST / 17:00 CET.On February 10th President Trump announced that 25% tariffs will be imposed on all steel and aluminum products imported into the US from all countries, including Canada, Mexico, the EU and UK,…
Baker McKenzieâs Canadian international trade and customs team is publishing a series of articles reviewing 2024 trade and customs compliance developments and looking ahead to 2025âs burgeoning issues. This article focuses on Canadian legislative and enforcement developments in combatting forced and child labour. Before we dive into Canada’s commitments to combatting forced and child labour, here is an overview of the current state of politics in Canada, which includes a discussion of the legislative powers…
Baker McKenzieâs Global Customs Practice invites you to join us for a webinar we’ll be hosting on “Trump and Tariffs: Focus on the US, Canada and Mexico”.This one-hour webinar will take place Wednesday, 5 February 2025 at 10:00 Mexico City / 11:00 EST / 17:00 CET. On February 1st 2025, President Trump signed executive orders imposing the long-anticipated tariffs he has called on for Canada and Mexico including 25% tariffs on non-energy imports from Canada and on all…
At the time of the publication of this blog post on February 3, 2025, the duties on Mexican products have been paused. Stay tuned for updates and insights and practical tips for trade between the United States and Mexico. On February 3, 2025, minutes before the Mexican Presidentâs daily press conference, Claudia Sheinbaum, President of Mexico, and Donald Trump, President of the United States, held a telephone conference whereby they agreed to pause, for one…