The U.S. ambassador to the World Trade Organization published a blunt response to reform discussions, arguing that the underpinning of the WTO -- that all countries should receive the same tariff rate, unless there is a comprehensive free-trade agreement between them -- was naive, "and that era has passed."
There are probably five justices who will find that the reciprocal tariffs were not permissible under the International Emergency Economic Powers Act that the president used to impose them, according to Georgetown University Law Center Professor Marty Lederman. Lederman, a senior fellow in the Supreme Court Institute at Georgetown, was one of two guests on the weekly Washington International Trade Association podcast that aired Nov. 7.
President Donald Trump said that the administration will petition the Supreme Court on Sept. 3 to make an "expedited ruling" on the legality of tariffs he imposed on every country through the International Emergency Economic Powers Act.
Former trade lawyer Scott Lincicome, who now leads the libertarian Cato Institute's trade division, said the administration learned the natural consequences of Section 301 tariffs when Chinese goods flow to India, Mexico and Vietnam as inputs to manufactured goods that are created in those countries.
Georgetown Law School Professor Jennifer Hillman, a former International Trade Commissioner and member of the World Trade Organization's appellate body, said she thinks there are grounds for a challenge to 25% tariffs on autos and auto parts, imposed on national security grounds under Section 232.
Joseph Barloon, who was a general counsel at the Office of the U.S. Trade Representative during Donald Trump's first term, told Sen. Maria Cantwell, D-Wash., that he believes in rules-based trade.
Georgetown University law professor Jennifer Hillman said that while she expects the U.S. Court of Appeals for the Federal Circuit to take months to decide if the tariff actions under emergency powers weren't legal, the court might not stay the vacation of the orders during that time.
The end of reciprocal tariffs and tariffs imposed over fentanyl smuggling from China, Canada and Mexico is on hold until an appellate court decides if the use of the International Emergency Economic Powers Act was illegal for those purposes.
A three-judge panel at the U.S. Court of Appeals for the Federal Circuit told the Court of International Trade that it has now twice wrongly told an importer that its first-sale price method to determine the duty level of its cookware was prohibited.
If a reelected President Donald Trump uses the existing Section 301 tariffs program to hike tariffs on all Chinese goods by at least 60%, that's likely to survive a court challenge, said two law professors who spoke during a Washington International Trade Association webinar on the executive branch's ability to make deals and impose trade restrictions without congressional say-so.