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6.17.26
Key U.S. Import Developments, June 2026
With new and novel tariffs yielding to court decisions rendering those tariffs unlawful (only to be replaced with newer tariffs—and more litigation about the newer tariffs), and with the Section 122 temporary import surcharge of 10 percent nearing expiration in a matter of weeks, businesses have faced extraordinary uncertainty in navigating trade policy.
Alerts
4.06.26
Double Dose of New Tariffs: President Prescribes New Pharmaceuticals and Metals Tariffs
On April 2, 2026, President Trump issued two presidential proclamations: a proclamation imposing Section 232 tariffs on certain branded pharmaceutical products and associated active pharmaceutical ingredients (APIs) (the Pharmaceuticals Proclamation), and a proclamation modifying the Section 232 steel, aluminum, and copper tariffs (the Metals Proclamation).
Alerts
2.25.26
U.S. Supreme Court Shakes Up Trump Tariff Tactics
On February 20, 2026, the U.S. Supreme Court issued its much-anticipated ruling in the Learning Resources case, concluding that the tariffs imposed by the Trump administration since February 2025 under the International Emergency Economic Powers Act (IEEPA) were unauthorized. The Court’s landmark 6-3 decision produced seven separate opinions with Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Amy Coney Barrett, and Ketanji Brown Jackson in the majority, holding that “the power to unilaterally impose tariffs of unlimited amount, duration, and scope” required “clear congressional authorization.” This decision affirmed earlier Federal Circuit and Court of International Trade (CIT) rulings rejecting the President’s authority to impose both the “fentanyl-related” (or “trafficking”) tariffs applied to products of China, Canada, and Mexico and the “reciprocal” tariffs applied to products of U.S. trading partners since “Liberation Day” back in April 2025. Notably, the Court’s opinion did not address the availability of or timing for any refunds owed to importers who have already paid the fentanyl-related and reciprocal tariffs.
Alerts
1.22.26
A Mixed Bag of Chips: Significant New Import and Export Changes for Advanced Semiconductors
The U.S. Department of Commerce issued a rule newly permitting certain advanced, H200/MI325X-grade computing chips classified under Export Control Classification Number (ECCN) 3A090 to be eligible for export to China, subject to a case-by-case licensing policy instead of a policy of denial.
Alerts
9.09.25
Federal Circuit Affirms Tariff Illegality but Defers Action to Remove Tariffs Pending Appeal
On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit (the Court of Appeals) affirmed in a 7-4 ruling that although the International Emergency Economic Powers Act (IEEPA) could give President Trump the authority in some cases to impose tariffs, it did not give the administration the authority to impose the reciprocal and fentanyl-related tariffs that have been in place since earlier this year. In a separate Order, the Court of Appeals withheld issuance of its mandate to allow for further appeal to the U.S. Supreme Court, which the administration has already petitioned to take the case, requested to expedite, and received the acquiescence of the private plaintiffs and the state plaintiffs to do so. A ruling on the petition for certiorari is expected soon. Thus, importers will continue to be required to pay these tariffs until the Supreme Court directs otherwise.
Alerts
8.08.25
Deal or No Deal: The Return of the Reciprocal Tariffs
More than four months after the initial introduction of the “Liberation Day” tariffs in early April 2025, which lasted only a day before being rolled back in favor of a 10 percent baseline tariff, the reciprocal tariffs returned on August 7, 2025, with revised country-specific tariff rates. These new tariffs, which continue to exempt various items that have been carved out from these reciprocal levies, also reflect the terms of trade deals reached with U.S. trading partners throughout the summer. Meanwhile, new “secondary” tariffs on goods from countries purchasing crude oil from Russia and a new Section 301 tariff on Brazil have already been imposed, and increasingly specific comments regarding current Section 232 reviews on pharmaceuticals, semiconductors, and chips indicate that additional tariffs on those products are imminently forthcoming. We explore each of these topics in further detail below.
Bylined Articles
6.20.25
Blake Brief: Tariffs in Space
SatMagazine’s latest Blake Brief article, “Tariffs in Space,” examines the complexities of applying tariffs to goods manufactured in space as they return to Earth, focusing on the role of U.S. Customs and Border Protection. While tariffs are typically based on the Harmonized Tariff Schedule and country of origin, the Outer Space Treaty complicates the determination of origin for space-manufactured goods, as no country can claim ownership of space. Current regulations primarily address extraction from space, leaving uncertainty about how tariffs will apply to production. Businesses in the space manufacturing should closely monitor evolving trade policies, which will be shaped by international relations and legislation.
Alerts
6.02.25
Off Again, On Again: Tariffs Continue Despite Trade Court Holding
On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) unanimously ruled that President Trump exceeded his legal authority under the International Emergency Economic Powers Act of 1977 (IEEPA) when he issued executive orders imposing tariffs on dozens of U.S. trading partners.
Alerts
5.16.25
Do April Tariff Showers Bring May Trade Deal Flowers?
Following the introduction and partial recission of the “Liberation Day” tariffs last month, the latest U.S. government actions have largely—though not universally—continued down the path of an easing tariff burden.
Alerts
4.24.25
Tariffs and Chip Export Bans: Emerging Challenges for the Gaming Industry Under the Trump Administration
The global video game industry with over $200 billion value thrives on cutting-edge hardware and innovative gaming content. However, recent trade policies introduced by the Trump administration in 2025, including new tariffs on Chinese, Canadian, and Mexican imports in February and March; the recent imposition of an additional global baseline tariff for imports from almost all countries and steep additional “reciprocal” tariffs on select U.S. trading partners in April; and still further increases in the reciprocal tariff for China alongside a temporary reversion to the baseline tariff for other U.S. trading partners later in April; along with consistently tightening restrictions on advanced chip exports to China, pose significant challenges to the game industry’s further growth. Additionally, the Framework for Artificial Intelligence Diffusion (the “AI Diffusion Rule”), may further complicate the landscape by extending the export controls on advanced computing chips and AI model weights to safeguard U.S. national security and foreign policy interests. This alert analyzes these policies’ implications for hardware production, physical game sales, and gaming collaborations between American and Chinese game developers.
Alerts
4.16.25
Tariff Update: Increased China Tariffs, New Tariff Exemptions, a Temporary 90-Day Pause on Most Reciprocal Tariffs, and Thoughts on What’s Next
On April 9, 2025, exactly one week after the announcement of his “Liberation Day” tariffs, President Trump issued a new Executive Order (“Modifying Reciprocal Tariff Rates to Reflect Trade Partner Retaliation and Alignment”) (the “Executive Order”) implementing a temporary 90-day pause on country-specific “reciprocal” tariffs, effective April 10, 2025, except tariffs imposed on China. Consequently, most countries’ products have reverted to the 10 percent “baseline” tariff initially effective April 5, 2025. Two days later, on a Friday evening, the President issued a Presidential Memorandum (“Clarification of Exceptions Under Executive Order 14257 of April 2, 2025, as Amended”) (the “Clarification Memorandum”) that exempts certain smartphones, laptops, and other electronics from these reciprocal and baseline tariffs, including the tariffs on Chinese goods. Both actions indicate that further tariff negotiations and adjustments may be forthcoming. We explore each of these topics below.
Alerts
4.07.25
Understanding the "Liberation Day" Tariffs
On April 2, 2025, President Trump signed a new Executive Order (the “Liberation Day EO”) implementing additional tariffs on almost all U.S. trading partners, invoking the International Emergency Economic Powers Act (IEEPA). Citing a lack of reciprocity in the U.S.’s bilateral trade relationships, disparate tariff rates and non-tariff barriers assessed by U.S. trading partners, and concerns over U.S. trading partners’ economic policies, the Liberation Day EO assesses an additional 10 percent baseline ad valorem duty on nearly all imports as of April 5, 2025. On April 9, 2025, these tariffs are set to further increase for over 75 countries and territories, including the People’s Republic of China (China or the PRC), Japan, Vietnam, Malaysia, South Korea, Taiwan, India, Israel, and the European Union member states, to various country-specific reciprocal tariff amounts provided in Annex I to the Liberation Day EO. These new baseline and reciprocal tariffs represent the latest escalation in the trade policies of the Trump administration, which we previously wrote about here. Below we provide a brief overview of these new measures and suggested next steps.