Timely news and analysis of the latest developments in international trade law
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…
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…
On April 27, 2026, the Department of Commerce (“Commerce”) published a Federal Register notice adding a duty-free code in the Harmonized Tariff Schedule of the United States (“HTSUS”) with retroactive effect to cover goods subject to the Section 232 aluminum, steel, or copper tariff regimes that do not, in fact, contain these metals. This new…
On April 14, 2026, U.S. Court of International Trade Senior Judge Richard Eaton held a closed conference in the new lead case, Euro-Notions Florida, Inc. v. U.S. Customs and Border Protection, et al., addressing refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”). At the conclusion of the conference, the Judge…
On April 10, 2026, U.S. Customs and Border Protection (“CBP”) published Cargo Systems Messaging Service (“CSMS”) #68315804, confirming that Phase 1 of the process to refund duties paid by importers under the International Emergency Economic Powers Act (“IEEPA”) will launch on April 20, 2026. Known as the Consolidated Administration and Processing of Entries (“CAPE”)…
On April 6, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (CIT) granted the Notice of Dismissal filed by counsel for Atmus Filtration, Inc. in Atmus Filtration Inc. vs. United States, the lead case seeking refunds of tariffs paid under the International Emergency Economic Powers Act (IEEPA). Subsequently, he issued…
On April 2, 2026, President Donald Trump issued a proclamation announcing that the United States will impose on July 31, 2026, a 100% Section 232 tariff on imports of certain pharmaceuticals and associated active pharmaceutical ingredients (“APIs”). The tariff will operate as a floating rate: where a covered product is also subject to a non-duty-free…
On April 1, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) issued an order in Atmus Filtration, Inc. v. United States, the lead case addressing refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”), concluding that the government “continues to make satisfactory progress” and “is on…
On March 27, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (“CIT”) issued an order in Atmus Filtration, Inc. v. United States, updating his March 20, 2026 order regarding refunds of duties paid under the International Emergency Economic Powers Act (“IEEPA”). (For background on the March 20, 2026 order, see…
On March 20, 2026, Senior Judge Richard Eaton of the U.S. Court of International Trade (CIT) issued another Order in Atmus Filtration Inc. vs. United States regarding refunds of duties paid under the International Emergency Economic Powers Act (IEEPA). In summarizing the CIT’s March 19, 2026 closed conference with plaintiff and government legal counsel, the…
