Trade Policy

The U.S. Supreme Court has agreed to review the legality of tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). This decision follows a series of lower court rulings that challenge the extent of presidential authority in trade matters, particularly concerning the imposition of tariffs without express congressional approval.

In May

On September 4, 2025, President Trump, using his authority under the International Emergency Economic Powers Act (“IEEPA”), issued an executive order (“EO”) titled, Implementing The United States–Japan Agreement, to implement the trade agreement with Japan on July 22, 2025. The EO establishes a15% tariff on the majority of Japanese imports, notably including automobiles and auto parts that have previously been central to U.S.–Japan trade tensions. Under the EO, all Japanese automobiles and auto components entering the United States will face a minimum 15% tariff, unless their current tariff rate is already at or above that level, in which case no additional duties will be imposed. The EO also provides for targeted exemptions for aerospace products, certain natural resources, and generic pharmaceuticals, which will be subject to zero tariffs. These tariffs are retroactively applied to goods imported for consumption from August 7, 2025, onward.

The U.S. Court of Appeals for the Federal Circuit issued its decision in VOS Selections Inc. v. United States where the plaintiffs challenged the validity and legality of the Trump administration’s tariffs instituted under the International Emergency Powers Act (IEEPA). The full panel of circuit judges who heard oral argument on July 31, 2025, affirmed the Court of International Trade’s earlier decision that while IEEPA grants the executive “authority to ‘regulate’ imports” it “does not authorize the tariffs imposed by the Executive Orders. The majority opinion was issued by Judge Lourie who was joined by six other Circuit Judges, with additional views provided by four judges, and a dissent led by the remaining four judges on the panel.

Canada to Exempt CUSMA-Origin U.S. Goods from 25% Retaliatory Tariffs Starting September 2025—Steel, Aluminum, and Autos Still Excluded

On August 27, Canada announced that, effective September 1, 2025, U.S. goods certified as CUSMA (USMCA) qualifying will be exempt from the country’s 25% retaliatory tariffs. This decision follows a similar exemption implemented by the United States

On August 26, 2025, U.S. Customs and Border Protection (CBP) issued guidance via CSMS #66027027 regarding the implementation of additional tariffs on certain imports from India, effective August 27, 2025. Under these new measures, an additional 25% tariff will be imposed on specified Indian-origin goods. When combined with the existing 25% reciprocal tariff already applied to Indian imports, the total duty rate on affected products will rise to 50%.

On August 11, 2025, the Trump Administration issued an executive order extending the 10% IEEPA reciprocal tariffs on goods from China for an additional 90 days until November 10, 2025. The higher country specific tariffs were originally paused on May 14, 2025, and were set to escalate to 34% on August 12, 2025. The pause

On August 11, 2025, Rayonier Advanced Materials, Inc. (“RYAM”) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (“USW”) (collectively “Petitioners”), filed a petition for the imposition of antidumping duties on the U.S. imports of High Dissolving Pulp from Brazil and Norway and countervailing duties on U.S. imports from Brazil.

The Trump Administration announced in an executive order that it will institute and impose an additional 25% on imports of goods with a country of origin India effective August 27, 2025 to address India’s imports of Russian oil. The administration instituted these additional tariffs as India purchased Russian oil and the executive order states that the Commerce Secretary, Treasury Secretary and Secretary of State “shall determine whether any other country is directly or indirectly importing Russian Federation oil,” and “shall recommend whether and to what extent I should take action as to that country, including whether I should impose an additional ad valorem rate of duty of 25 percent on imports.”