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
Plaintiffs in China Section 301 Tariff Litigation File Petition with U.S. Supreme Court Seeking Review of Federal Circuit Decision
On February 20, 2026, lead counsel for the plaintiff group in the test case for the China Section 301 tariff refund litigation (HMTX Industries LLC, et al. v. United States et al.), filed a Petition for a Writ of Certiorari with the U.S. Supreme Court seeking review of the U.S. Court of Appeals…
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…
United States and Argentina Sign Agreement on Reciprocal Trade
On February 5, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and The Argentine Republic have signed the U.S.-Argentina Agreement on Reciprocal Trade and Investment (Agreement). According to Ambassador Jamieson Greer, the USTR, the Agreement serves “as a model of how countries in the Americas, from Alaska to Tierra…
United States and El Salvador Sign Agreement on Reciprocal Trade
On January 29, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and El Salvador have signed the U.S.-El Salvador Agreement on Reciprocal Trade (Agreement). According to Ambassador Jamieson Greer, the USTR: “Today’s signing of the first Agreement on Reciprocal Trade in the Western Hemisphere will further strengthen markets for…
United States and Guatemala Sign Agreement on Reciprocal Trade
On January 30, 2026, the Office of the U.S. Trade Representative (USTR) announced that the United States and Guatemala have signed the United States–Guatemala Agreement on Reciprocal Trade (Agreement). According to Ambassador Jamieson Greer, the USTR: “Today’s signing of another Agreement on Reciprocal Trade in the Western Hemisphere addresses trade barriers facing American workers and…
President Trump Announces New 25% Section 232 Tariff on Narrow Category of Semiconductors Critical to AI
On January 14, 2026, President Donald Trump issued Proclamation 11002, announcing that, effective January 15, 2026, the United States is levying a 25% tariff on “a very narrow category of semiconductors” critical to the artificial intelligence (AI) sector, unless those semiconductors are imported “to support the buildout of the United States supply chain.” The…
No Section 232 Tariff Now on Processed Critical Minerals and Their Derivative Products
By Aaron C. Mandelbaum & David M. Schwartz on
On January 14, 2026, President Donald Trump issued Proclamation 11001, concluding that processed critical minerals and their derivative products (PCMDPs) would not be subject now to an additional tariff under Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the president to adjust duties on goods imported in quantities or under…
United States Retroactively Implements Reduced Tariff Rates for Imports from Switzerland
On December 18, 2025, the Department of Commerce’s International Trade Administration (ITA) issued a notice that the United States was implementing certain tariff-related elements of the Framework for a United States-Switzerland-Liechtenstein Agreement on Fair, Balanced, and Reciprocal Trade. The framework for this agreement was announced in mid-November 2025 and covered various areas of negotiations addressing…