On November 5, 2025, the U.S. Supreme Court heard oral arguments in a consolidation of actions challenging tariffs imposed pursuant to the International Emergency Economic Powers Act (IEEPA). These actions cover tariffs, such as:

• IEEPA China Fentanyl

• IEEPA Mexico 

• IEEPA Canada 

• IEEPA Universal/Reciprocal 

At this time, importers should urgently consider filing their own court actions to challenge IEEPA tariffs to avoid having to file transactional refund requests, and secure comparable treatment as the lead litigants in this case. 

On November 5, 2025, the United States Supreme Court (SCOTUS or Court) heard oral argument on the validity of the International Emergency Economic Powers Act (IEEPA) tariffs. The Court, including conservative Justices, appeared skeptical of and hard pressed the Government on their claim that President Trump had authority to impose global tariffs under the IEEPA. SCOTUS is likely to invalidate the tariffs upholding lower courts’ decisions in Learning Resources v. Donald J. Trump, U.S. 24-1287 and Donald J. Trump v. V.O.S. Selections, U.S. 25-250. While we await the decision later this year or in early 2026, one thing is clear – it is absolutely critical that importers start planning a refund strategy now to ensure that refunds are received if/when IEEPA tariffs are invalidated by SCOTUS.

On September 24, 2025 the Department of Commerce announced the commencement of a Section 232 investigation and a request for public comments regarding the importation of Personal Protective Equipment, Medical Consumables, and Medical Equipment, Including Devices. This announcement follows an investigation, initiated on September 2, 2025 concerning the effects on national security of imports of personal protective equipment (PPE).

On September 25, 2025, President Trump announced via TruthSocial the forthcoming imposition of three new tariffs covering pharmaceuticals, kitchen cabinets, and heavy trucks. These measures will take effect on October 1, 2025, and represent an expansion in the administration's increasingly extensive list of proposed tariff modifications.

On September 25, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the United States Trade Representative’s (USTR) authority to impose tariffs on Chinese-origin goods included in Lists 3 and 4A under Section 301of the Trade Act of 1974. The Court’s ruling in HMTX Industries LLC v. United States (No. 23-1891) rejected arguments from U.S. importers that the tariffs exceeded USTR’s statutory authority or failed to comply with the Administrative Procedure Act (APA). The importers are expected to seek review by the U.S. Supreme Court in the coming days or weeks.

In a judgment issued this afternoon, the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled that most of President Donald Trump's global tariffs are illegal as they exceed the authority granted under the International Emergency Economic Powers Act (IEEPA). The full text of the CAFC's opinion is available here.

The U.S. Court of International Trade ("CIT") issued an opinion today that the International Emergency Economic Powers Act ("IEEPA") does not authorize any of the emergency tariffs enacted by President Trump. The decision renders the tariffs invalid and contrary to law.

On April 2, 2025, President Trump signed an executive order announcing the imposition of a blanket 10% tariff on imported products from all countries. Additionally, Annex I to the executive order sets forth separate increased country-specific reciprocal tariff rates for countries that are considered “worst offenders” and are the largest contributors to the U.S. trade deficit. Countries that are subject to a reciprocal tariff shall not also be subject to the blanket 10% tariff. The U.S. will impose reciprocal tariffs on products originating from those countries at roughly half the rate those countries impose on U.S. products. USMCA-compliant goods from Canada and Mexico are exempt from both the blanket 10% tariffs and the country-specific reciprocal tariffs.

As we reported last week, on March 19, 2025, U.S. Customs and Border Protection (CBP) issued guidance regarding the additional 10% tariff on Canadian energy and energy resources applicable as of March 4, 2025, except for USMCA-eligible products as of March 7, 2025. The March 19 guidance included a spreadsheet listing products/HTS codes falling under the scope of energy and energy resources.

As we previously reported, President Trump introduced an additional 25% tariff on products of Canada and Mexico effective March 4, 2025 (with an exception of USMCA-eligible products exempted as of March 7, 2025). For Canadian energy and energy resources, the additional tariff rate is 10% (likewise with the exception of USMCA-eligible products).

On March 11, 2025, CBP released after-hours updated guidance announcing start dates of steel and aluminum derivative products outside of Chapters 73 and 76. CBP announced that the 25% Section 232 tariffs on new steel and aluminum derivative products that fall outside of Chapters 73 and 76 take effect at 12:01 a.m. Eastern Daylight Time on March 12, 2025. CBP confirmed that the 25% tariff on such derivative products is based upon the value of steel or aluminum content.

On March 11, 2025, President Trump announced a series of new tariff actions targeting various products of Canada.

U.S. Customs and Border Protection has issued additional guidance concerning the new tariffs against products of Canada and Mexico effective March 4, 2025. However, de minimis entry processing will remain in effect for those countries until further notice.

On February 25, 2025, the United States Trade Representative (USTR) issued a request for comments to assist in reviewing and identifying non-reciprocal trade practices. This request asks the public to identify other countries’ policies and practices that may affect American global competitiveness. Specifically, the USTR seeks information about countries covering 88% of the goods trade with the United States. Public comments to the USTR are due March 11, 2025, however, the USTR welcomes comments after that period.

On February 25, 2025, President Trump signed an executive order calling for an investigation into the national security impact of copper imports under Section 232 of the Trade Expansion Act (fact sheet). The investigation includes copper “in all forms.” Specifically, it will include copper and copper products such as raw mined copper, refined copper, alloys, copper concentrates, scrap, and derivative products made with copper. This development comes from the Trump administration’s national and economic security concerns, including China’s role as a major producer of copper, despite few imports to the United States. The commerce secretary, Howard Lutnick, has 270 days from the date of the order to submit his findings to Trump.

On February 13, 2025, President Donald Trump announced a plan to instate reciprocal tariffs (fact sheet). The “Fair and Reciprocal Plan” is intended to encourage companies to bring manufacturing back to the United States, potentially for increased exportation abroad. Its goal is to reduce trade deficits and increase American competitiveness globally. The announcement also criticizes the digital services taxes levied against U.S. companies doing business in Canada and Europe. At this stage, U.S. trading partners are mostly attempting to negotiate with the Administration to avoid negative effects. On February 24, 2025, Trump doubled down on tariffs against products from Canada and Mexico, stating that they will be implemented “on time”; this appears to signal a general willingness to follow through on tariff threats made to allies.

On February 14, 2025, President Trump revealed two pre-published executive orders containing additional details being made to his February 10, 2025, proclamations that reinstated a 25% tariff on steel imports and an increase of aluminum tariffs from 10% to 25%. These orders now include annexes that describe the Harmonized Tariff Schedule of the United States (HTSUS) codes of additional derivative steel and aluminum articles that will be subject to Section 232 duties.

On February 10, 2025, President Trump announced the reinstatement of a 25% tariff on steel imports and an increase of aluminum tariffs (fact sheet) from 10% to 25% including products of Canada, Mexico, and China. This action aims to protect U.S. steel and aluminum industries from unfair trade practices and global overcapacity. The new tariffs are imposed by virtue of the elimination of quota arrangements, exemptions, and product exclusions that are removed on March 12, 2025. This affects imports of steel and steel derivatives from Argentina, Australia, Brazil, Canada, Japan, Mexico, South Korea, the U.K., Ukraine and the EU. These measures are in follow-up to prior tariffs imposed pursuant to Section 232 of the Trade Expansion Act of 1962.

Additional details concerning the new tariffs assessed by the new Administration are now forthcoming. The White House just announced an implementation of "a 25% additional tariff on imports from Canada and Mexico and a 10% additional tariff on imports from China. Energy resources from Canada will have a lower 10% tariff." This information can be found here. The Executive Orders pertaining to the tariffs for Canada and Mexico can be found here (Canada EO, Mexico EO). The White House explained that tariffs are being implemented because of "[t]he extraordinary threat posed by illegal aliens and drugs, including deadly fentanyl, [which] constitutes a national emergency under the International Emergency Economic Powers Act (IEEPA)." The effective date for all the tariffs will be February 4th, 2025 (excluding items already in transit).

On December 18, 2024, the American Active Anode Material Producers (“AAAMP”), a trade association of domestic manufacturers, filed a petition to impose antidumping and countervailing duties (“AD/CVD”) on U.S. imports of active anode material from China, stating that the imports are dumped and unfairly subsidized. Depending on the outcome of this petition, there may be significant consequences for a variety of battery manufacturers and consumers.