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Update
As previously advised in our advisory below, CIT has determined that IEEPA does not give the President authority to impose reciprocal or drug/border tariffs.
For clarity note that the CIT directed the U.S. Government to enforce a permanent injunction against the IEEPA tariffs within 10 calendar days of its decision, setting a deadline of June 7, 2025. In response, the government promptly filed an appeal with the US Court of Appeals in the Federal Circuit and submitted a motion requesting a stay of judgment’s enforcement during the appeal process. If CIT grants the stay, the IEEPA tariffs will likely remain in place until a final ruling is issued. In other words, nothing changes at this time until additional instructions have been provided.
Until JAS receives further information/instructions from CBP, we are required to continue to apply all existing tariffs.
Additionally, it remains uncertain whether importers will be allowed to file claims for refunds on IEEPA tariffs they have already paid.
Note this is a fluid situation that we will continue to monitor.
Previously advised:
The Court of International Trade has determined that IEEPA does not give the President authority to impose reciprocal tariffs or drug/border tariffs. The court has ruled that the IEEPA tariffs exceed the authority granted to the President.
Per the judgement issued on May 28, 2025, Executive order 14193 (Canada Drug/Border), Executive order 14194 (Mexico Drug/Border), Executive order 14195 (China Drug/Border), and Executive order 14257 (Reciprocal Tariffs), all modifications and amendments are declared invalid as contrary to law.
The administration has the option to appeal, and it is expected that they will file an appeal. It is also very likely the administration will request a stay pending a decision on the appeal, meaning that the tariffs are probably going to stay for a while longer.
Check out the links below for more information.
The President has signed an executive order on September 5. This order provides an updated version of Annex II to Executive Order 14257.
New additions to Annex II are in 9 Chapters of the HTSUS. The chapters are 25, 26, 28, 29, 47, 71, 72, 75, and 85. The full list can be reviewed by clicking on the excecutive order link below.
Also, there were some items that were removed from Annex II and will now be subject to reciprocal tariffs. These HTS include 2818.30.00, 3824.99.93, 3907.29.00, 3907.30.00, 3907.61.00, 3907.69.00, 3907.99.50, and 3910.00.00. These will all now be subject to reciprocal tariffs.
These changes took effect at 12:01 a.m. Eastern on September 8.
Click below to read more:
The President has signed an executive order on September 4. This order sets the parameters for the United States-Japan agreement.
In general, items will be subject to a baseline 15% duty rate on most items which are of Japanese origin. The order also states that “The tariffs set forth in subsection (a) of this section shall apply retroactively to products of Japan entered for consumption or withdrawn from warehouse for consumption on or after 12:01 a.m. ET on August 7, 2025.”
CBP has advised that Post Summary Corrections or Protests should not be filed until CBP has provided additional guidance through a CSMS message on how to process any corrections.
Click below to read more:
The US Department of Commerce has posted for public inspection a Federal Register Notice that will be published in the Federal Register on August 19, 2025. This notice states that “BIS (Bureau of Industry and Security) is adding 407 Harmonized Tariff Schedule of the United States codes to the list of products that will be considered as steel or aluminum derivative products.
Per the FRN, “The non-steel and non-aluminum content will remain subject to the reciprocal and other applicable tariffs.” It goes on to note “The complete list of HTSUS codes added to the Section 232 tariffs by today’s action is listed in the annexes to this notice.”
Finally, the notice indicates that “The duties set out in the annex for these additional steel and aluminum derivatives are effective for…products that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time on August 18, 2025.
Click below to read more:
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