Court Finds Fentanyl and Reciprocal Tariffs
Unlawful - Grunfeld, Desiderio,
Lebowitz, Silverman & Klestadt LLP
The
U.S. Court of International Trade (CIT) issued a decision May 28
declaring unlawful the IEEPA fentanyl tariffs imposed on Canada,
Mexico and China, and the Reciprocal tariffs imposed on all other
countries. V.O.S
Selections Inc. et al v. United States, Slip Op. 25-66.
The court found that the International Emergency Economic
Powers Act (IEEPA), the statute the President had invoked to
justify these tariffs, did not provide the required statutory
authority for these assessments.
The
Government has already filed an appeal, and it is anticipated that
an appellate court will stay the judgment order pending the outcome
of all appeals. As of now, all provisions of HTSUS Chapter 99
imposing the tariffs remain in effect, and imports should be
declared under the applicable tariff provisions with duty payments
pending the outcome of the appeal unless a future court order says
otherwise. Likewise, it is anticipated that the restrictions
preventing use of the $800 de-minimis provision of 19 USC 1321 for
goods subject to IEEPA tariffs will remain in effect during the
appeals process.
This
decision, if affirmed on appeal, invalidates all tariffs imposed
under IEEPA. These include the so-called fentanyl tariffs of
20% on goods from China and 25% on non-USMCA goods from Canada and
Mexico. This decision also applies to the 10% world-wide
“reciprocal tariff” imposed on April 5, and the country-specific
higher rates currently scheduled to go into effect on July 9.
The
court’s decision in Slip Op. 25-66 does not affect any of the
Section 232 tariffs on steel, aluminum, autos or their derivates.
It therefore will also not affect tariffs that might be
imposed resulting from on-going Section 232 investigations on
timber, pharmaceuticals, semiconductors and other products.
The court’s decision also does not affect the Section 301
tariffs imposed during the previous Trump administration on goods
from China.
As
of today, no specific action is required by importers to preserve
rights to potential refunds. However, depending upon the length of
an appeal and future developments, it will likely become necessary
for importers to file protests after liquidation of affected
entries and/or file suit in the CIT to preserve refund rights.
It is recommended that importers monitor their entries and
liquidation status through ACE reports or other means to ensure
that timely protests are filed when needed. GDLSK will provide
updates on appropriate refund procedures as the appeals process
develops.
If
you have any questions regarding this decision, or other
tariff-related issues, please contact one of our attorneys.
CBP Issues Withhold Release Order on Zhen Fa 7 - U.S. Customs & Border Protection
Agency
will detain seafood imports harvested using forced labor
WASHINGTON
—
U.S. Customs and Border Protection issued a Withhold Release Order
May 28, against Zhen Fa 7, a Chinese-flagged fishing vessel.
Effective immediately, CBP officers at all U.S. ports of entry will
detain seafood, including but not limited to squid, harvested by
Zhen Fa 7 based on reasonable suspicion that the vessel uses forced
labor to harvest such seafood.
“Combatting
forced labor is central to CBP’s mission to protect the economic
security of the United States,” said CBP Acting Commissioner Pete
Flores. “The President recently charged us to restore American
seafood competitiveness by combatting unfair trade practices, and
issuing this order is one way we are contributing to that goal.”
CBP
identified the following International Labor Organization forced
labor indicators within Zhen Fa 7’s operations: abuse of
vulnerability, isolation, retention of identity documents, abusive
working and living conditions, physical and sexual violence, and
debt bondage. As a result of these forced labor abuses, Zhen Fa 7
benefitted from lower labor costs, produced goods below market
value, undercut American businesses, and unjustly earned profits.
“Stopping
forced labor and protecting law-abiding businesses are key
priorities for CBP,” said CBP Office of Trade Acting Executive
Assistant Commissioner Susan S. Thomas. “We’re working on all
fronts to prevent goods made with these unfair labor and trade
practices from entering U.S. commerce.”
CBP
enforces U.S. trade and customs laws to protect U.S. seafood
markets from the unfair trade practices of foreign nations by
investigating the use of forced labor in the seafood supply chain.
The WRO against Zhen Fa 7 is the latest action CBP has taken to
address forced labor around the world. With this WRO issuance, CBP
currently oversees and enforces 52 WROs and nine findings under 19
U.S.C. § 1307. This is the sixth WRO CBP has issued on a fishing
vessel since 2020.
Section
307 of the Tariff Act of 1930 (19 U.S.C. § 1307) prohibits the
importation of “all goods, wares, articles, and merchandise mined,
produced, or manufactured wholly or in part in any foreign country
by convict labor or/and forced labor, or/and indentured labor under
penal sanctions.” reasonable suspicion that imported goods
are made, wholly or in part, with forced labor in violation of 19
U.S.C. § 1307, the agency will order personnel at U.S. ports of
entry to detain shipments of those goods. Importers of
detained shipments may seek to destroy or export their shipments or
demonstrate that the merchandise is admissible.
CBP
receives allegations of forced labor from a variety of sources,
including government agencies, media, non-government organizations,
and members of the public. Any person or organization that
has reason to believe merchandise produced, wholly or in part, with
forced labor is being, or is likely to be, imported into the United
States, can report detailed allegations by contacting CBP through
the e-Allegations Online Trade Violation Reporting System or by
calling 1-800-BE-ALERT.
Federal
Register Notices:
- Antidumping or Countervailing
Duty Investigations, Orders, or Reviews:
2,4-Dichlorophenoxyacetic Acid From the People's Republic of
China and India: Countervailing Duty Orders
- Certain Epoxy Resins From
Taiwan: Amended Final Countervailing Duty Determination;
Certain Epoxy Resins From the Republic of Korea and Taiwan:
Countervailing Duty Orders
- Certain Epoxy Resins From
Taiwan: Amended Final Antidumping Duty Determination; Certain
Epoxy Resins From the Republic of Korea, Taiwan, and Thailand:
Antidumping Duty Orders
- Xanthan Gum From the People's
Republic of China: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments;
2022-2023
- 2,4-Dichlorophenoxyacetic
Acid From India and the People's Republic of China:
Antidumping Duty Orders
- Oil Country Tubular Goods
From India: Final Results of Antidumping Duty Administrative
Review, 2022-2023; Correction
- Antidumping or Countervailing
Duty Investigations, Orders, or Reviews: Acetone From Belgium,
Singapore, South Africa, South Korea, and Spain; Scheduling of
a Full Five-Year Review
- Investigations;
Determinations, Modifications, and Rulings, etc.: Certain
Integrated Circuits, Electronic Devices Containing the Same,
and Components Thereof; Notice of Institution of Investigation
- Antidumping or Countervailing
Duty Investigations, Orders, or Reviews: Active Anode Material
From the People's Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
- Welded Stainless Steel
Pressure Pipe From Malaysia, Thailand, and the Socialist
Republic of Vietnam: Continuation of Antidumping Duty Orders
- Circular Welded Austenitic
Stainless Pressure Pipe From the People's Republic of China:
Continuation of Antidumping Duty Order and Countervailing Duty
Order
- Mattresses From the People's
Republic of China: Continuation of Antidumping Duty Order
- Antidumping or Countervailing
Duty Investigations, Orders, or Reviews: Notice of Scope
Ruling Applications Filed in Antidumping and Countervailing
Duty Proceedings
- Monosodium Glutamate From the
People's Republic of China: Final Affirmative Determination of
Circumvention
- Fiberglass Door Panels From
the People's Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty Investigation
- Sales at Less Than Fair
Value; Determinations, Investigations, etc.: Hard Empty
Capsules From Brazil: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
- Certain Corrosion-Resistant
Steel Products From the Socialist Republic of Vietnam: Amended
Preliminary Affirmative Determination of Sales at Less Than
Fair Value
- Paper File Folders From
Cambodia: Preliminary Negative Determination of Sales at Less
Than Fair Value and Postponement of Final Determination
- Paper File Folders From Sri
Lanka: Preliminary Affirmative Determination of Sales at Less
Than Fair Value
- Sol Gel Alumina-Based Ceramic
Abrasive Grains From the People's Republic of China: Alignment
of Final Countervailing Duty Determination With Final
Less-Than-Fair-Value Determination
- Hard Empty Capsules From
India: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination and
Extension of Provisional Measures
- Hard Empty Capsules From the
People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement
of Final Determination, and Extension of Provisional Measures
- Hard Empty Capsules From the
Socialist Republic of Vietnam: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement
of Final Determination, and Extension of Provisional Measures
- Antidumping or Countervailing
Duty Investigations, Orders, or Reviews: Hardwood and
Decorative Plywood From China, Indonesia, and Vietnam;
Institution of Antidumping and Countervailing Duty
Investigations and Scheduling of Preliminary Phase
Investigations
- Investigations;
Determinations, Modifications, and Rulings, etc.: Certain
Liquid Coolers for Electronic Components in Computers,
Components Thereof, Devices for Controlling Same, and Products
Containing Same; Notice of a Commission Determination To Review
in Part a Final Initial Determination Finding a Violation of
Section 337; Request for Written Submissions on the Issues
Under Review and on Remedy, the Public Interest, and Bonding
- Antidumping or Countervailing
Duty Investigations, Orders, or Reviews: Polypropylene
Corrugated Boxes From the People's Republic of China:
Postponement of Preliminary Determination in the
Countervailing Duty Investigation
- Certain Oil Country Tubular
Goods From the Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2022-2023
- Investigations;
Determinations, Modifications, and Rulings, etc.: Thermoformed
Molded Fiber Products From China and Vietnam; Scheduling of
the Final Phase of Countervailing Duty and Antidumping Duty
Investigations
- Vertical Metal File Cabinets
From China; Determinations
CSMS # 65136263 - Initiation of Antidumping and
Countervailing Duty Investigations: Silicon Metal from Angola,
Australia, the Lao People’s Democratic Republic (Laos), Norway, and
Thailand - U.S. Customs & Border Protection
On
May 14, 2025, the Department of Commerce (Commerce) initiated its
less-than-fair-value and countervailing duty investigations on
“Silicon Metal from Angola, Australia, Laos, Norway, and Thailand”
(Initiation Notices). These investigations have been assigned the
following case numbers: A-762-001 (Angola), A-602-813 and C-602-814
(Australia), A-553-001 and C-533-002 (Laos), A-403-806 and
C-403-807 (Norway), C-549-856 (Thailand).
The Scope of
Merchandise covered by these investigations reads as follows:
The
scope of these investigations covers all forms and sizes of silicon
metal, including silicon metal powder. Silicon metal contains at
least 85.00 percent but less than 99.99 percent silicon, and less
than 4.00 percent iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least 99.99 percent silicon by
actual weight and classifiable under Harmonized Tariff Schedule of
the United States [HTSUS] subheading 2804.61.0000) is excluded from
the scope of these investigations. Silicon metal is currently
classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the
HTSUS. While the HTSUS numbers are provided for convenience and
customs purposes, the written description of the scope remains
dispositive.
Parties
may submit comments on the scope of the investigations. Please be
sure to comply with all requirements pertaining to submitting
comments as described in the forthcoming Initiation Notices. Upon
their publication in the Federal Register, the Initiation Notices
may be found at www.federalregister.gov via the search bar
using the case numbers assigned to these investigations.
Importers
should be aware that entries of subject merchandise made after the
initiation of an investigation may retroactively be subject to
antidumping and/or countervailing duties.
For
questions about CBP’s AD/CVD enforcement, see Priority Trade Issue: Antidumping
and Countervailing Duties | U.S. Customs and Border Protection
(cbp.gov)
CBP Reminds Pharmaceutical Trade Community of
their Legal Obligations in Light of 'Most-Favored-Nation"
Drug-Pricing Requirements - U.S.
Customs & Border Protection
Ensuring
accurate import and export value reporting
WASHINGTON – U.S. Customs and
Border Protection reminds the trade community that under the Trump
Administration's Executive Order, “Delivering Most-Favored-Nation
Prescription Drug Pricing to American Patients,” the U.S.
Department of Health and Human Services has published price targets
for prescription drugs to lower health care costs for Americans.
Declaring
incorrect value on import or export documentation submitted to CBP
is considered trade evasion, and CBP will pursue any violations to
the fullest extent possible. Such violations may be reported to CBP
through the e-Allegations Online Trade
Violation Reporting System.
For
the latest CBP Office of Trade updates and guidance, follow us on X
@CBPTradeGov and on LinkedIn at https://www.linkedin.com/showcase/cbp-office-of-trade.
What is 'Juice Jacking' and Tips to Avoid It
- Federal
Communications Commission
Planning
to travel? No doubt you'll have your cell phone or another portable
device, and you'll need to re-charge it at some point.
If
your battery is running low, be aware that juicing up your
electronic device at free USB port charging stations, such as those
found in airports and hotel lobbies, might have unfortunate
consequences. You could become a victim of "juice jacking,"
yet another cyber-theft tactic.
Cybersecurity
experts warn that bad actors can load malware onto public USB
charging stations to maliciously access electronic devices while
they are being charged. Malware installed through a corrupted USB
port can lock a device or export personal data and passwords
directly to the perpetrator. Criminals can then use that
information to access online accounts or sell it to other bad
actors.
Although
"juice jacking" has been demonstrated to be technically
possible as a proof of concept, the FCC is not aware of any
confirmed instances of it occurring.
Here are some
tips to guard against "juice jacking:"
- Using
AC power outlets can help you avoid any potential risks, so be
sure to pack AC, car chargers, and your own USB cables with
you when traveling.
- Carry an external battery.
- Consider
carrying a charging-only cable, which prevents data from
sending or receiving while charging, from a trusted supplier.
- If
you plug your device into a USB port and a prompt appears
asking you to select "share data" or “trust this
computer” or “charge only,” always select “charge only.”
Public
WiFi networks are another way that cyber criminals target
travelers. To learn more about mobile phone and online security,
check out the FCC consumer guide: Wireless Connections and Bluetooth
Security Tips.
CBP Prepares for Summer Travel with Improved
Time-Saving Tools - U.S. Customs & Border Protection
WASHINGTON — As the summer
travel season nears and the United States prepares to welcome
global visitors this summer for the Fédération Internationale de
Football Association Club World Cup 2025, U.S. Customs and Border
Protection encourages travelers to use the agency’s available
mobile tools to streamline their arrival into the United States.
“CBP
is committed to enhancing national security while streamlining
lawful travel,” said CBP’s Acting Executive Assistant Commissioner
Diane J. Sabatino. “By leveraging advanced technologies and mobile
applications, we are transforming inspections at airports into a
seamless, touchless process, enabling faster risk identification
and efficient processing of legitimate visitors.”
This
year’s FIFA Club World Cup 2025 is a new global club tournament
that is debuting this year in the United States, who will also host
the FIFA World Cup 2026 next summer. Both events are expected to
attract a combined 10 million international visitors, which CBP is
ready to welcome.
In
fiscal year 2024, CBP processed over 420 million travelers at ports
of entry — a 6.6% increase from the previous year. CBP continues to
roll out airport modernization enhancements to support the expected
increase in international travel. Enhanced technology ensures
better allocation of resources, allowing officers to focus on
higher-risk travelers, which aligns with CBP’s national security
mission.
This
enhanced technology includes Enhanced Passenger Processing, which
involves photographing travelers using auto capture technology to
provide a complete customs assessment (biometric confirmation,
eligibility, enforcement) before they reach the CBP officer. EPP is
available to U.S. citizens at Orlando International Airport, Dallas
Fort Worth International Airport, Denver International Airport,
Charlotte Douglas International Airport, Seattle-Tacoma
International Airport, Cross Border Xpress, Chicago O’Hare
International Airport, Los Angeles International Airport,
Hartsfield-Jackson Atlanta International, Dublin Airport.
Travelers
may also use Seamless Border Entry, which combines the Trusted
Traveler Programs framework with “On the Move” technology that
allows Global Entry members to move through the inspection process
seamlessly with minimal interaction with a CBP officer, depending
on officer discretion. SBE is available at select airports,
including Los Angeles International Airport, Miami International
Airport, Washington Dulles International Airport, Chicago O’Hare
International Airport, Newark Liberty International Airport, George
Bush Continental Airport, and Toronto Pierson International
Airport.
CBP
also provides a suite of mobile applications to help travelers
streamline their entry into the U.S. All CBP mobile apps are free
and available through the Google Play Store and Apple App Store, or
by visiting the CBP Mobile Apps Directory.
- CBP’s
nearly 13 million Global Entry members may also use the Global
Entry mobile app, which allows travelers to complete their
entry processing on their phones before leaving the aircraft.
Available at 78 locations, the app has already been
downloaded over 2 million times and can be found in the Apple
App Store and on Google Play. Conditionally approved members
may also use the app and then use the Enrollment on Arrival
option to complete their interview without a prior appointment
upon returning to the U.S.
- Travelers
arriving to the U.S. from Canada may also apply for NEXUS, a
fee-based, voluntary program, designed to expedite CBP
processing for vetted, low-risk trusted travelers at 12 land
border locations and eight Canadian airports. More than 2.2
members are currently enrolled in NEXUS. The program is open
to citizens and permanent residents of both the U.S. and
Canada.
- Travelers
who are not TTP members may use the Mobile Passport Control
app for a fast and secure way to submit their passport and
travel information in advance. MPC is available at 53 ports of entry, including 14 Preclearance
locations and four seaports. The app is open to U.S. citizens,
lawful permanent residents, certain Canadian citizens, and
Visa Waiver Program travelers.
- Non-U.S.
citizens eligible to enter under the Visa Waiver Program have
the option of using the Electronic System for Travel
Authorization mobile app to submit ESTA applications from
their smartphones, mobile devices, or tablets. Travelers
unable to download the mobile app may also access ESTA online.
Whichever
option is chosen to enter the United States, CBP reminds visitors
they must meet legal requirements, have proper documents, undergo
background checks and inspection, and adhere to visa terms. If
statutes or visa terms are violated, travelers may be subject to
detention and removal. A visa is a privilege, not a right, and only
those who respect our laws and follow the proper procedures will be
welcomed.
For
more information on visas and passports, please visit
travel.state.gov. Travelers may also visit the Know Before You Go page on CBP.gov, or
view the next CBP Travel Chat, which will take place May 28 on
Facebook Live and Instagram Live.
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