In a recent Law360 article, Thompson Coburn International Trade partner Robert Shapiro discussed the ongoing legal battles and questions surrounding tariffs after federal courts this week found some of the duties were improperly imposed.
Robert said he expects U.S. Customs and Border Protection to require the same kind of reporting — whether duties are being collected or not — as these cases are considered by the Federal Circuit, and potentially by the U.S. Supreme Court.
“I think the only thing that’s going to change, perhaps, is the payment of the duties, but the IOU on the duties may remain,” he said.
Although the appeals process is proceeding quickly, it would be challenging for the case to reach the high court before its session adjourns, Robert said. If the Supreme Court doesn’t consider the tariff case this session, the earliest it might review the challenges would be mid- to late fall or early next year, he said.
“It’s possible that [the Federal Circuit] makes a decision before the end of June, but that’s really pushing it,” Robert said.
He also pointed out that other mechanisms for imposing tariffs would require more process or legislation, adding, “I think the hard part for this administration is they haven’t wanted to go through Congress.”
Click here to read the full article, and see our International Trade group’s latest update here.
