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New Tariffs Facing Lawsuits

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Tariffs remain an issue in the US, with President Trump’s new tariffs facing lawsuits. Following the expiration of Trump’s Section 122 tariffs, the Office of the US Trade Representative (USTR) imposed new tariffs under Section 301 of the Trade Act of 1974. Starting July 24, over 60 countries will face levies ranging from 10% to 12.5%. Two businesses have recently filed a lawsuit with the US Court of International Trade regarding the tariffs. The argument is that the new levies are being used as a backdoor to replace the expired Section 122 levies. Another argument is that the Trump Administration did not meet the correct Section 301 requirements to impose the tariffs.

Why Did Trump Impose New Tariffs?

President Trump imposed new tariffs for various reasons, including forced labor allegations. The announcement came after the USTR investigated over 60 countries for failing to prohibit forced labor. Another reason behind the new levies is the expiration of the Section 122 levies imposed to address international payment emergencies. Trump originally imposed them as a way to “level the field” by reducing trade deficits. Another reason is to be used as temporary leverage in trade talks. Trump also wants to bring production back to the US to stimulate the economy. The new tariffs could be another way to impose levies after previous levies expired or were ruled unlawful.

Why Are Trump’s New Tariffs Facing Lawsuits?

Various businesses are suing Trump’s tariffs because they believe the government is abusing its legal authority. Similar to the Section 122 lawsuits, they believe that the Trump Administration is enacting illegal trade policies without congressional approval. When the Supreme Court ruled the IEEPA tariffs unlawful, Trump enacted levies under Section 122 and then Section 301. Many believe it may be harder to successfully dispute the Section 301 tariffs than the Section 122 ones. They also believe that the administration is using Section 301 to impose global duties without country-specific findings. If the lawsuit is successful, the businesses may be able to recover duties already paid from the Section 301 levies.

When importing into the US, various factors, such as tariffs, can disrupt the shipping process. While daunting, it should not stop the shipping process; however, the shipper should take the correct steps to avoid disruptions. Along with staying current with news and regulations, this can be done by speaking with a Third-party logistics provider (3PL). 3PL’s are service providers that assist with various aspects of the supply chain. Some solutions they offer include customs brokerage, freight forwarding, international and domestic shipping, warehousing, and consultation for navigating disruptions. Contact A1 Worldwide Logistics at  info@a1wwl.com or 305-425-9456 to learn about our 3PL solutions for shipping your cargo internationally.

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