US trade court rules against Trump's global 10% tariff - Le Monde.fr

The U.S. Court of International Trade (CIT) has issued a significant ruling, striking down a specific 10% customs duty on certain aluminum products that was imposed by the Trump administration. This decision, which could have implications for importers, found that the President exceeded his authority in applying this particular tariff.

The tariff in question was a 10% duty imposed on February 8, 2018, under Proclamation 9740. It applied to aluminum products imported from most countries, with the notable exceptions of Australia, Argentina, Canada, and Mexico. The court determined that the President did not have the authority to modify tariffs in this manner after the initial 90-day period for such modifications had expired. This specific tariff was implemented under Section 232 of the Trade Expansion Act of 1962, which permits the President to impose tariffs on imports deemed a threat to national security.

Who is Affected?

• Importers who brought in certain aluminum products from countries subject to this specific 10% tariff (i.e., most countries excluding Australia, Argentina, Canada, and Mexico) and paid the duty imposed on February 8, 2018, under Proclamation 9740.
• The case was brought forward by Universal Steel Products Inc. and other affected importers.

Key Rates and Dates

• The ruling specifically targets the 10% customs duty imposed on February 8, 2018, under Proclamation 9740.
• It is crucial to understand that this decision does not affect the initial 10% tariff on aluminum (Proclamation 9704) or the 25% tariff on steel (Proclamation 9705), both of which were also imposed under Section 232. This ruling is narrowly focused on the specific additional 10% tariff from Proclamation 9740.

What Importers Should Do

Importers who believe they paid this specific 10% tariff on aluminum products from February 8, 2018, onwards should immediately review their import entries and documentation. There is a potential for refunds for duties paid under this invalidated proclamation. Given that the government has 90 days to appeal this decision, it is advisable for affected parties to consult with their customs brokers or trade legal counsel to understand their specific situation and explore potential next steps for duty recovery. Staying informed about any appeals or further developments will be critical.