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Tariff status

Posted on 7/28/26 at 12:02 pm
Posted by LawTalkingGuy
Member since Mar 2025
299 posts
Posted on 7/28/26 at 12:02 pm
Im a little surprised the current status of tariffs has not been discussed more in the news. I guess after the original IEEPA tariffs were struck down, it all got less interesting?

IEEPA tariffs: Customs and Border Patrol have worked out the technical issues, and refunds are being issued, with interest.

Section 122 tariffs: The global 10% tariffs were ruled improper by the CIT in June, on the grounds that the conditions for enacting section 122 did not exist. Those tariffs expired last Friday, July 24. But, sometime in the next year the Federal Circuit will decide whether refunds have to be issued on those tariffs.

Section 301 tariffs: New tariffs under section 301 went into effect Saturday Morning. 59 countries and the EU face tariffs of 10 to 12.5% based on a USTR finding that all of them are violating anti- forced labor standards.

Section 301 was always Trump's silver bullet. It gives POTUS very broad tariff power, but only after the USTR provides a report on unfair trade practices by a foreign nation. I'm not convinced that potential forced labor is the type of unfair trade practice the statute covers.

Lawsuits have already been filed in the CIT, of course. These tariffs, though, will be very difficult to strike down without the Court second-guessing issues within the discretion of the Executive branch, which the courts cannot do.

So, the lawsuits essentially attack the USTR report as insufficient under the statute. I dont think the report complies with the section 301 requirements, but Im not sure if a court can strike down the tariffs on that basis. So, its up to the CIT once again.
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