News Articles

tariffs

Preserving Refund Rights for IEEPA-Based Tariffs

Importers who have paid tariffs imposed under the International Emergency Economic Powers Act (IEEPA) should take immediate steps to preserve their eligibility for potential refunds. Multiple lawsuits are currently challenging the legality of these tariffs, and the Supreme Court is set to decide the issue in November. If the Court ultimately invalidates the tariffs, importers may be entitled to recover duties paid. However, securing refunds depends on preserving jurisdictional options—especially given the uncertainty about whether these tariffs constitute a protestable decision under customs law. There are three potential refund mechanisms at play.

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ieepa tariffs

Unconstitutionality of IEEPA Tariffs Upheld – Supreme Court to Review

On May 28, 2025, a three-judge panel at the Court of International Trade (CIT) ruled in two cases (VOS Selections, Inc. v. Trump and the State of Oregon v. Trump) that the Presidential actions taken under the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. §§ 1701–1707) to impose tariffs on Canada, Mexico and China for illegal immigration and fentanyl smuggling are unconstitutional. The CIT said that the tariff actions did not directly address the declared emergency and were not delegated by Congress to the Executive Branch and therefore exceed the President’s tariff setting authority under the Constitution.

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de minimis

The End of De Minimis Section 321 Clearances

Prior to August 29 of this year, 19 USC 321 – popularly known as a Section or de minimis clearance – allowed imported shipments valued at less than $800 to enter the US free of duty and entry requirements. The idea behind this was (1) the cost of processing an entry and duty payment would be more than the duty collected, and (2) setting the threshold at this level would promote eCommerce. It would also allow US Customs & Border Protection (CBP) to use its resources more effectively.

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Chinese innovation

Sanctions, Bans, and Tariffs How The U.S. is Fueling Chinese Innovation

Just look at the current landscape of how China has been innovating through various trade related sanctions, bans, and tariffs. Necessity has always been the mother of invention, and in the case of China and the never-ending western pressure it has also been the catalyst in many cases for that which ultimately drives them to create and overcome.

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japan

Japan and U.S. Trade Agreement

After challenging negotiations and rising tariff tensions, the U.S. and Japan have reached a trade deal. This agreement precedes the August 1st tariff deadline, preventing a scheduled 25% tariff increase on Japanese products. The deal includes substantial Japanese investments in the U.S.

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protectionism

As the U.S. Pushes For More Protectionism, Global Trade Turns to Another Obvious Option- China

Here we are. August 1st, 2025, and the media is now publishing what facts they have on the various trade deals as well as those that have yet to come to fruition, in addition to the new announcement of imposed global tariffs which range anywhere from 10% to 41%, Yes, the trade world is on fire from a U.S. perspective. CNN, my “go-to” is reporting that the Trump Administration is imposing tariffs on over 60 countries around the globe.

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stablecoin

GENIUS Act Establishes Legal Framework for Payment Stablecoins

The President signed into law the Guiding and Establishing National Innovation for U.S. Stablecoins of 2025’or ‘‘GENIUS Act of 2025’” (the Act) on July 18, 2025. The new law establishes a basis for regulators to permit a variety of bank and non-bank entities to issue payment stablecoins that will be used for payments and reserves for a variety of purposes. This analysis covers the major provisions of the new law.

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tariffs

Trade Letters and Tariff Deals – What Is Going On?

Since taking office on January 20, 2025, the Trump Administration has undertaken an aggressive trade policy that has impacted, and will continue to impact, all countries trading with the US. Many of the actions seek to reverse the established principles of trade policy that have been supported by both political parties, enshrined in the rules of international agreements and organizations, and regulated by executive branch agencies since the end of World War II.

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tariffs

Mexico’s Evolving Trade Scenario Amidst Global Tariff Tensions

From a Mexican resident’s perspective, who is also involved in international trade, it appears that since the Trump administration took office, the global economic scenario has been altered by an escalating trade war, characterized by the imposition of tariffs by the U.S. government, on a range of countries. These measures, intended to safeguard the U.S. interests, have affected the relationships with certain international markets, as the U.S. is showing signs of progressive isolationist practices.

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tax service

Behind the Numbers: My Transformative Internship Journey at SAT (Tax Administration Service)

My internship in Mexico was with the Servicio de Administración Tributaria (SAT), the office responsible for applying tax and customs legislation, which facilitates trade through customs administration. With its influence extending across both the public and private sectors, SAT stands at the forefront of Mexico’s efforts to promote transparency, efficiency, and fiscal responsibility. My internship experience within this institution offered invaluable insights into its operations and the impact it has on the nation’s economic landscape.

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Coercion in International Trade

Is Coercion the Best Approach to North American Trade?

The Trump Administration has demonstrated a willingness to apply new tariffs to goods entering the U.S. as a viable tactic under its America First strategy to achieve greater fairness in its dealings with other countries. The application of tariffs is authorized under a number of standard legal procedures, such as trade remedy investigations to mitigate dumping of goods at less than fair value into the U.S. market or eliminating the unfair price advantages of government subsidies, and use of section 301 duties to respond to unfair trade practices by other countries. However, the broad-brush use of tariffs to coerce our trading partners to make concessions in non-trade areas to resolve a domestic crisis is relatively new.

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madman theory

Trade War and the Madman Theory: A Personal Reflection

I can’t help but reflect on a negotiation seminar I took in law school, where we studied the Madman Theory, popularized by Richard Nixon. The theory suggests that acting unpredictably or being willing to take extreme actions can create leverage. If your opponent believes you might “blow it all up,” they may feel forced to make concessions. This strategy clearly echoes Trump’s approach to trade policy.

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external revenue service

The External Revenue Service: A Bureaucratic Overreach or Necessary Reform?

President Donald Trump made headlines when he announced an External Revenue Service (ERS) agency to collect tariff incomes. The announcement sparked a heated debate among trade experts, economists, and business leaders. But, what exactly would be the purpose of the agency? Well, we can take the words spoken from his inauguration address as an answer.

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china's growing influence in latin america

China’s Growing Influence in Latin America: Infrastructure Investments and Implications for the Panama Canal

China has significantly expanded its economic and geopolitical footprint in Latin America, particularly through the acquisition and development of critical infrastructure such as ports, airfields, and railways. This strategic move has raised questions about the long-term implications for regional sovereignty, global trade routes, and the future of the Panama Canal, a linchpin of international maritime commerce.

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Chemical Classification

Chemical Classification, It Matters, Now More Than Ever-To Most

If you have a company that imports chemicals – whether they are used as raw materials or components for onward manufacturing, or finished goods containing chemical components – you have been facing significant challenges over the last half-dozen years. Some of these challenges include the trade wars with China (I’m looking at you, Section 301) and the disruptive impact of COVID-19 to global supply chains. In response to these challenges, you have maybe modified your supply chain to reduce your dependence on Chinese chemical imports.  Or perhaps your supply chain was not largely affected by Section 301 tariffs (if so, consider yourself lucky – and may your luck hold!).

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Customs broker license exam

The U.S. Customs Broker License Exam: Tips and Perspectives

A customs broker license is issued to a person who has successfully passed a grueling licensing exam (after paying the exam fee), submitted a license application (along with another fee), and passed the subsequent FBI background investigation. The open-book exam, which lasts 4½ hours and comprises 80 multiple-choice questions, is ostensibly intended to measure one’s knowledge about various customs-related regulations and practices yet experience or employment in a customs-related job is not a prerequisite.

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Harmonized Tax Schedule

Punctuation in the Harmonized Tariff Schedule of the United States

Punctuation matters. I’ve always remembered a poster on the wall of a co-worker’s office—this was back in the 80s—that showed baby seals dancing at a disco under a four-word caption: STOP CLUBBING, BABY SEALS. The poster (which has become an internet meme forty years later) cleverly showed how something as seemingly minor as a comma can change the meaning of a phrase or sentence. If a comma can flip the meaning of a four-word sentence, is it hard to imagine the effect that punctuation, or lack of punctuation, might have on our interpretation of a law or regulation?

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tariffs

Beyond the Tariff: Proactive Strategies to Mitigate Trade Remedy Impacts

In today’s complex global marketplace, businesses are increasingly confronted with the challenges of supply chain disruptions, rising costs, and fierce competition—all exacerbated by trade remedy tariffs. While many of these tariffs are already in play, President-elect Trump has promised to impose new tariffs and increase old ones.

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Mercosur

Mercosur-EU – A New Potential Powerhouse in Trade Blocs if Ratified

After 25 years of negotiations, the European Union and the Southern Common Market, commonly known as Mercosur, comprised of Brazil, Argentina, Uruguay, and Paraguay, signed a free trade agreement. I think this, among many more regional deals to come was suddenly expedited due to the anticipated land mines with the upcoming Trump 2.0 administration and trade policy regarding tariffs for all.

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tariffs

Tariffs, and the Temptation to Use Them as Geopolitical Leverage

The United States has a long history of using tariffs. The first significant tariff legislation was the Tariff Act of 1789, signed by President George Washington. Tariffs have been used for various purposes over the years, including protecting domestic industries, generating government revenue, and negotiating trade agreements. The use of tariffs however has evolved, with significant changes during different historical periods, such as the high tariffs of the 19th century and the shift towards free trade in the mid-20th century, as well as the current U.S. trade war with China, and possibly soon to be with Mexico and Canada.

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