Customer Advisory: Mounting Legal Pressure Against Tariff Hikes

Mounting Legal Pressure Against Tariff Hikes

An Executive Order issued on April 29, 2025, addressed auto parts to “ensure these tariffs should not all have a cumulative effect (or “stack” on top of one another) because the rate of duty resulting from such stacking exceeds what is necessary to achieve the intended policy goals.” Also refer to Federal Registrar (FR) Notice, May 2, 2025 and CSMS 64916652, May 3, 2025. Meanwhile, U.S. Customs and Border Protection (CBP) has stated that it will publish refund procedures, as this change is retroactive to March 4, 2025, and any necessary updates to the Harmonized Tariff Schedule of the United States (HTSUS) will also be announced in the Federal Register no later than May 16, 2025. Hence, filers are advised to refrain from requesting refunds until the refund procedures are announced in another Federal Register Notice.
CSMS # 64861116: Informal Entry Limit of $2500 to be applicable to all Countries from April 30, 2025. Products of China or Hong Kong that will arrive on or after 12:01 a.m. eastern daylight time on May 2, 2025, will be rejected for de minimis clearance beginning at 12:01 am EDT on May 2, 2025. Also refer to FR Notice, April 28, 2025.
USTR Releases Annual Special 301 Report, April 29, 2025: Annual review of the state of IP protection and enforcement in U.S. trading partners around the world. It includes a list of "Priority Foreign Countries", that are judged to have inadequate intellectual property laws; these countries may be subject to sanctions. The Report identifies a wide range of concerns, including: (a) challenges with border and criminal enforcement against counterfeits, including in the online environment; (b) high levels of online and broadcast piracy, including through illicit streaming devices; (c) inadequacies in trade secret protection and enforcement in China, Russia, and elsewhere; (d) troubling policies on “indigenous innovation” and forced technology transfer (which can range from state-sponsored theft of trade secrets to transfer under pressure from state actors) that may unfairly disadvantage U.S. right holders in markets abroad; and (e) other ongoing, systemic issues regarding IP protection and enforcement, as well as market access, in many trading partners around the world.
OMB Releases President’s Fiscal Year 2026 Skinny Budget
CBP Confirms Reciprocal Tariff Transit Exemptions only applicable to Ocean Vessels
Commerce, Treasury & USTR Requested to Provide Tariff Exclusion Process
Global Affairs Canada - Announces New Resources to Assist Canadian Exporters
WSJ - Tariff Turmoil Elevates Customs Brokers to Star Role in Supply Chains
PACIFIC LEGAL FOUNDATION: The President Doesn’t Have The Power to Set Tariffs—Congress Does
NEW CIVIL LIBERTIES ALLIANCE: NCLA Sues to Stop Trump Admin. from Imposing Emergency Tariffs That Congress Never Authorized
LIBERTY JUSTICE CENTER: Liberty Justice Center Files Lawsuit Challenging Executive Authority to Unilaterally Impose “Liberation Day” Tariffs

Upcoming Webinars/Conferences:

CBP is also offering quarterly webinars throughout FY25 - how to report suspected trade violations online. Third round of webinars will be held on May 13 & 15. Registration is free and available to anyone. Register in order to attend the webinar. Sign up here:

Trade Violation Reporting (TVR) – Tues., May 13, 2025, at 2:30 p.m. ET
Enforce and Protect Act (EAPA) – Thurs., May 15, 2025, at 1:30 p.m. ET

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