May 2026

The Supreme Court’s unanimous May 28, 2026, decision in Flowers Foods, Inc. v. Brock significantly broadens the Federal Arbitration Act’s Section 1 transportation-worker exemption by holding that workers performing exclusively intrastate deliveries as part of a larger interstate supply chain qualify as “engaged in interstate commerce” and are therefore exempt from compelled arbitration—even when they

On May 27, 2026, following a closed-door conference in Euro-Notions Florida v. United States (CIT # 25-00595) (“Euro-Notions”), Judge Eaton issued two (2) orders which will require U.S. Customs and Border Protection (“CBP”) to explain the Government’s position on issuing IEEPA refunds for all entries, including those that have liquidated beyond the statutory reliquidation period

On May 28, 2026, the U.S. Department of Commerce (“Commerce”) and the Office of the United States Trade Representative (“USTR”) announced reduced tariffs under Section 232 of the Trade Expansion Act of 1962, (“Section 232 tariffs”) for certain aircraft components, automobile parts and wood products from Taiwan effective May 1, 2026. The published Federal Register Notice comes

On May 20, 2026, the U.S. Court of International Trade (CIT) denied the Government’s request to pause the CIT’s May 7 ruling during the appeals process. For now, Section 122 duties remain unlawful, and U.S. Customs & Border Protection (CBP) cannot collect Section 122 duties from plaintiffs Burlap & Barrel, Basic Fun, and the State of Washington. 

The Federal Maritime Commission’s May 13, 2026, Notice of Proposed Rulemaking would significantly revise and modernize its rulemaking procedures by simplifying existing requirements, aligning with current eRulemaking practices, and expanding opportunities for public participation—particularly by making it easier for stakeholders to petition for new or revised regulations.

The proposal signals a shift toward earlier and

The Road to SCOTUS

Beginning in February 2025, President Trump imposed new tariffs on imported goods through a series of executive orders, relying on the International Emergency Economic Powers Act (IEEPA) as the claimed authority for imposing tariffs. In time, the new tariffs affected imported goods from nearly all countries. Legal challenges followed.

In V.O.S. Selections, Inc. v. United States, the Court of International Trade (CIT) enjoined the enforcement of the tariffs against the plaintiff, and the Federal Circuit affirmed. In Learning Resources, Inc. v. Trump, the U.S. District Court for the District of Columbia held that IEEPA does not authorize tariffs. The U.S. Supreme Court granted certiorari in both cases, and on February 20, 2026, issued its opinion holding that IEEPA does not authorize the President to impose tariffs. Two days later, U.S. Customs and Border Protection (CBP) announced that it would no longer collect IEEPA tariffs effective February 24, 2026.

The Court’s unanimous ruling in Montgomery v. Caribe Transport II, LLC issued today resolves a split among circuit courts of appeal and is a significant development for the trucking industry, injured parties, and the thousands of brokers who arrange transportation for freight shipped nationwide.

To learn more about the specifics of the ruling and what

On May 7, 2026, LANXESS Corporation (“Petitioner”) filed petitions requesting the imposition of antidumping and countervailing duties on imports of N-Cyclohexylbenzothiazole-2-Sulfenamide (“CBS”) from the People’s Republic of China.

SCOPE OF THE INVESTIGATION

The proposed scope of these investigations is as follows:

The product subject to this investigation is N-Cyclohexylbenzothiazole-2- sulfenamide (“CBS”), also known as N-cyclohexyl-2-

On May 7, 2026, the United States Court of International Trade (“CIT” or “Court”) invalidated Proclamation No. 11012 in The State of Oregon, et al. v. United States, et al. and Burlap and Barrel, Inc., et al. v. United States, et al., holding that the President exceeded his statutory authority in imposing a temporary

In Husch Blackwell’s April 2026 Trade Law Update you’ll learn about the following updates in international trade and supply chain law:

  • An update on U.S. Department of Commerce decisions
  • U.S. International Trade Commission – Section 701/731 proceedings
  • Customs and Border Protection case summaries
  • Summary of decisions from the Court of International Trade

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