At a show cause hearing before the U.S. Court of International Trade (“CIT”) on June 9, 2026, U.S. Customs and Border Protection (“CBP”) confirmed that it will roll out Phases 2 and 3 of its process for refunding duties paid by importers under the International Emergency Economic Powers Act (“IEEPA”) later this summer, with Phase
U.S. Supreme Court Declines Review of China Section 301 Tariff Challenge
On June 15, 2026, the U.S. Supreme Court denied without comment the plaintiff group’s petition for certiorari in the test case for the China Section 301 tariff refund litigation (HMTX Industries LLC, et al. v. United States et al.). The petition sought review of the U.S. Court of Appeals for the Federal Circuit
President Trump Modifies Section 232 Tariffs on Aluminum, Copper and Steel Imports
On June 1, 2026, President Donald Trump issued a Proclamation amending the rates, scope, and administration of the Section 232 tariff regimes for aluminum, steel, and copper and their derivative products. Section 232 of the Trade Expansion Act of 1962 authorizes the president to adjust duties on goods imported in quantities or under circumstances that
USTR Proposes Tariffs of 10% to 12.5% in 60 Section 301 Forced Labor Investigations
On June 2, 2026, the Office of the U.S. Trade Representative (USTR) issued its determination under Section 301 of the Trade Act of 1974 that certain acts, policies, and practices of 60 economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor are unreasonable
USTR in Brazil Section 301 Investigation Determination Proposes 25% Tariffs
On June 1, 2026, the Office of the U.S. Trade Representative (USTR) issued its determination that certain of Brazil’s acts, policies, and practices related to (i) digital trade and electronic payment services; (ii) unfair, preferential tariffs; (iii) anti-corruption enforcement; (iv) intellectual property protection; (v) ethanol market access; and (vi) illegal deforestation are unreasonable and burden
Trump Administration Appeals CIT’s IEEPA Tariff Refund Order
On June 2, 2026, the U.S. Department of Justice (“DOJ”) on behalf of the Trump administration formally appealed at the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) the order of Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) compelling U.S. Customs and Border Protection (“CBP”) to refund importers
DOJ Signals Intent to Appeal CIT’s IEEPA Tariff Refund Injunction After CBP Commissioner Ordered to Appear
In a May 29, 2026 filing, the U.S. Department of Justice (“DOJ”) indicated it planned to appeal a U.S. Court of International Trade (“CIT”) injunction requiring U.S. Customs and Border Protection (“CBP”) to refund duties collected under the International Emergency Economic Powers Act (“IEEPA”).
Background
On March 4, 2026, CIT Senior Judge Richard Eaton
USTR Launches Section 301 Investigation into Vietnam’s Acts, Policies, and Practices Related to Intellectual Property
On May 29, 2026, the U.S. Trade Representative (USTR) announced that it was launching an investigation of Vietnam under Section 301 of the Trade Act of 1974. The investigation will seek to determine “whether Vietnam’s persistent failure to resolve long-standing concerns about intellectual property (IP) protection and enforcement is unreasonable or discriminatory and burdens or
CIT Panel Strikes Down Trump Administration’s Section 122 Tariffs
In a 2-1 decision on May 7, 2026, a three-judge U.S. Court of International Trade (“CIT”) panel struck down the Trump administration’s implementation of Section 122 tariffs (see Update of February 23, 2026).
The 10% tariff on a wide range of imported goods, the panel reasoned, extended beyond President Trump’s power to address
USTR Initiates Second Four-Year Review of Section 301 Tariff Actions on Imports of Certain Chinese Products
On May 6, 2026, the U.S. Trade Representative (USTR) issued a notice initiating its second statutory four-year review of Section 301 tariffs on imports of certain Chinese products initially implemented by the Trump administration in its 2018 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The first step