Overview
- Trade counsel are urging companies to pull ACE data, assemble entry packets, and track liquidation status so they can file timely protests to preserve refund rights.
- Refund pathways remain uncertain, with outcomes potentially routed through the Court of International Trade or handled by U.S. Customs and Border Protection, and Justice Amy Coney Barrett warned reimbursement could be messy.
- The Supreme Court heard arguments on Nov. 5 in challenges to the Administration’s reliance on IEEPA for sweeping reciprocal tariffs, and several justices signaled skepticism about that authority.
- The Federal Circuit ruled on Aug. 29 that the Administration exceeded its IEEPA power, and the appeal was fast-tracked to the high court, leaving the contested duties in place during review.
- Policy adjustments continue, including a cut to the China fentanyl-related tariff to 10% effective Nov. 10, new trade frameworks with several countries, agricultural exemptions, and ongoing advice for importers on duty-mitigation tactics such as first sale, valuation planning, origin reviews, and bonded warehousing.