On March 12, 2026, the U.S. Trade Representative (USTR) announced that it was launching Section 301 investigations into 60 trade partners to determine whether they have been engaged in forced labor practices. The investigations, to be conducted pursuant to Section 301of the Trade Act of 1974, include China, the European Union, India, and Mexico. A
Trade Remedy/Enforcement
CBP Reports Progress on IEEPA Tariff Refund Process
On March 12, 2026, Judge Richard Eaton of the U.S. Court of International Trade (CIT) held a second conference with the parties in the Atmus Filtration, Inc. vs. United States, et al. litigation matter regarding the progress of Customs and Border Protection (CBP) in establishing a process and procedures to allow for automated refund of…
CIT Suspends Earlier Order Directing IEEPA Tariff Refunds
On March 6, 2026, Judge Richard Eaton of the U.S. Court of International Trade (CIT or Court) held a closed conference in Atmus Filtration, Inc. vs. United States, to continue the Court’s process in determining how the International Economic Emergency Powers Act (IEEPA) tariffs can be refunded to importers of record. At the conclusion of…
After U.S. Supreme Court Invalidates IEEPA Tariffs, Trump Administration Turns to Other Options – What Importers Need to Know
In a 6-3 ruling, the Supreme Court of the United States ruled that the International Emergency Economic Powers Act (IEEPA) does not grant the president power to impose tariffs. In response, President Donald Trump issued a temporary 10% tariff on all imports pursuant to Section 122 of the Trade Act of 1974. Importers of record…
In Response to U.S. Supreme Court IEEPA Tariff Ruling, USTR Plans to Initiate Section 301 Investigations
On February 20, 2026, in response to the U.S. Supreme Court’s ruling that tariffs under the International Economic Emergency Powers Act (IEEPA) are illegal (see Thompson Hine Update of February 20, 2026), Ambassador Jamieson Greer, the U.S. Trade Representative, issued a statement that the decision “affects [only] one element of the Administration’s” trade…
President Trump Implements Temporary Import Duties under Section 122 of the Trade Act of 1974 and Continues the Suspension of Duty-Free De Minimis Exception for International Shipments
On February 20, 2026, President Donald Trump issued a proclamation announcing that he was imposing a temporary import surcharge (i.e., tariff) pursuant to section 122 of the Trade Act of 1974 (19 U.S.C. Section 2132) to address “fundamental international payments problems” that “could impair United States national interests, including economic and national security interests.” Stating…
Customs Broker Pleads Guilty to Conspiracy Charge in Latest FCPA Prosecution Following DOJ’s Recent Enforcement Restart
By Aaron C. Mandelbaum & Samir D. Varma on
On October 23, 2025, a customs broker operating in both the United States and Mexico pleaded guilty to conspiring to violate the Foreign Corrupt Practices Act (FCPA) before a magistrate judge in the U.S. District Court for the Western District of Texas. Although the plea agreement remains under seal, it was approved and adopted the…
Federal Circuit Upholds CIT Decision Supporting China Section 301 Lists 3 and 4A Tariffs
On September 25, 2025, a three-judge panel at the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld the decision of the Court of International Trade (CIT) sustaining the China Section 301 tariffs. This decision followed oral argument at the CAFC on January 8, 2025, in the test case for the China Section 301 tariff…
New Trump Administration Executive Order Modifies the Scope of Reciprocal Tariffs and Creates PTAAP Annex
By Maryam Mahboob on
Executive Order 14346 (EO 14346) provides new procedures for implementing trade and security agreements and modifies the Trump administration’s approach to reciprocal tariffs. EO 14346 builds on previous trade actions, particularly those established under EO 14257, by expanding Annex II to EO 14257 – the list of items that are exempt from the reciprocal tariffs…
Federal Circuit Rules that Trafficking and Reciprocal Tariffs Violate IEEPA
On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit (“the Court” or “Federal Circuit”) in a 7-4 ruling determined that President Donald Trump exceeded his authority by imposing certain tariffs under the International Emergency Economic Powers Act (IEEPA). The Court also affirmed the grant of declaratory relief of the U.S. Court…