May 2025

Week Seventeen

CIT Unequivocally Strikes Down IEEPA Tariffs as Invalid

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT), in a unanimous decision, held tariffs imposed by the Trump Administration pursuant to the International Emergency Economic Powers Act of 1977 (IEEPA) to be unlawful and invalid. The CIT’s order

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT), in a unanimous decision, held tariffs imposed by the Trump Administration pursuant to the International Emergency Economic Powers Act of 1977 (IEEPA) to be unlawful and invalid. The CIT’s order covers IEEPA tariffs imposed against Canada, Mexico and China related

On May 28, 2025, the Lysine Fair Trade Coalition and its individual members (“Petitioners”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of L-lysine from the People’s Republic of China (“China”).

SCOPE OF THE INVESTIGATION

The scope of this investigation covers animal feed grade L-lysine (“lysine”). Lysine is an

On May 22, 2025, the Coalition for Fair Trade in Hardwood Plywood (the “Coalition” or “Petitioner”), filed a petition for the imposition of antidumping and countervailing duties on U.S. imports of hardwood and decorative plywood imported from the People’s Republic of China (“China”), Indonesia, and the Socialist Republic of Vietnam (“Vietnam”).  

SCOPE OF THE

On May 22, 2025, the Department of Commerce’s Bureau of Industry and Security (“BIS”) released a diverse list of 58 requests for new products to be added to the list of  derivatives subject to the Section 232 tariffs on steel and aluminum products. Details about the process for requesting inclusion of Section 232 derivatives were

CBP Issues Facility Requirements for Bonded Warehouses

In a Cargo Systems Messaging Service (“CSMS”) message, U.S. Customs and Border Protection (“CBP”) clarified that bonded warehouses, as defined in 19 C.F.R. § 19.1, do not include container freight stations, inspectional facilities, express consignment facilities, etc., and therefore are not authorized for acceptance of Type 21/22

On May 15, 2025, U.S. Customs and Border Protection (“CBP”) issued further guidance via the Cargo Systems Messaging Service (“CSMS”) for determining the order in which the various tariffs  will apply to an article when that article is subject to more than one of the tariff actions identified in Executive Order (“EO”) 14289 (90

On May 15, 2025, U.S. Customs and Border Protection (“CBP”) published an FAQ stating that the “in-transit” exception for the reciprocal tariff duty rate does not apply to goods loaded onto a “feeder” vessel prior to April 5 (the IEEPA cutoff date under HTSUS 9903.01.28) or April 9 (the IEEPA cutoff date under HTSUS 9903.01.43