Court Finds Fentanyl and Reciprocal Tariffs Unlawful - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The U.S. Court of International Trade (CIT) issued a decision May 28 declaring unlawful the IEEPA fentanyl tariffs imposed on Canada, Mexico and China, and the Reciprocal tariffs imposed on all other countries. V.O.S Selections Inc. et al v. United States, Slip Op. 25-66. The court found that the International Emergency Economic Powers Act (IEEPA), the statute the President had invoked to justify these tariffs, did not provide the required statutory authority for these assessments.
The Government has already filed an appeal, and it is anticipated that an appellate court will stay the judgment order pending the outcome of all appeals. As of now, all provisions of HTSUS Chapter 99 imposing the tariffs remain in effect, and imports should be declared under the applicable tariff provisions with duty payments pending the outcome of the appeal unless a future court order says otherwise. Likewise, it is anticipated that the restrictions preventing use of the $800 de-minimis provision of 19 USC 1321 for goods subject to IEEPA tariffs will remain in effect during the appeals process.
This decision, if affirmed on appeal, invalidates all tariffs imposed under IEEPA. These include the so-called fentanyl tariffs of 20% on goods from China and 25% on non-USMCA goods from Canada and Mexico. This decision also applies to the 10% world-wide “reciprocal tariff” imposed on April 5, and the country-specific higher rates currently scheduled to go into effect on July 9.
The court’s decision in Slip Op. 25-66 does not affect any of the Section 232 tariffs on steel, aluminum, autos or their derivates. It therefore will also not affect tariffs that might be imposed resulting from on-going Section 232 investigations on timber, pharmaceuticals, semiconductors and other products. The court’s decision also does not affect the Section 301 tariffs imposed during the previous Trump administration on goods from China.
As of today, no specific action is required by importers to preserve rights to potential refunds. However, depending upon the length of an appeal and future developments, it will likely become necessary for importers to file protests after liquidation of affected entries and/or file suit in the CIT to preserve refund rights. It is recommended that importers monitor their entries and liquidation status through ACE reports or other means to ensure that timely protests are filed when needed. GDLSK will provide updates on appropriate refund procedures as the appeals process develops.
If you have any questions regarding this decision, or other tariff-related issues, please contact one of our attorneys.
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CBP Issues Withhold Release Order on Zhen Fa 7 - U.S. Customs & Border Protection
Agency will detain seafood imports harvested using forced labor
WASHINGTON — U.S. Customs and Border Protection issued a Withhold Release Order May 28, against Zhen Fa 7, a Chinese-flagged fishing vessel. Effective immediately, CBP officers at all U.S. ports of entry will detain seafood, including but not limited to squid, harvested by Zhen Fa 7 based on reasonable suspicion that the vessel uses forced labor to harvest such seafood.
“Combatting forced labor is central to CBP’s mission to protect the economic security of the United States,” said CBP Acting Commissioner Pete Flores. “The President recently charged us to restore American seafood competitiveness by combatting unfair trade practices, and issuing this order is one way we are contributing to that goal.”
CBP identified the following International Labor Organization forced labor indicators within Zhen Fa 7’s operations: abuse of vulnerability, isolation, retention of identity documents, abusive working and living conditions, physical and sexual violence, and debt bondage. As a result of these forced labor abuses, Zhen Fa 7 benefitted from lower labor costs, produced goods below market value, undercut American businesses, and unjustly earned profits.
“Stopping forced labor and protecting law-abiding businesses are key priorities for CBP,” said CBP Office of Trade Acting Executive Assistant Commissioner Susan S. Thomas. “We’re working on all fronts to prevent goods made with these unfair labor and trade practices from entering U.S. commerce.”
CBP enforces U.S. trade and customs laws to protect U.S. seafood markets from the unfair trade practices of foreign nations by investigating the use of forced labor in the seafood supply chain. The WRO against Zhen Fa 7 is the latest action CBP has taken to address forced labor around the world. With this WRO issuance, CBP currently oversees and enforces 52 WROs and nine findings under 19 U.S.C. § 1307. This is the sixth WRO CBP has issued on a fishing vessel since 2020.
Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307) prohibits the importation of “all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor, or/and indentured labor under penal sanctions.” reasonable suspicion that imported goods are made, wholly or in part, with forced labor in violation of 19 U.S.C. § 1307, the agency will order personnel at U.S. ports of entry to detain shipments of those goods. Importers of detained shipments may seek to destroy or export their shipments or demonstrate that the merchandise is admissible.
CBP receives allegations of forced labor from a variety of sources, including government agencies, media, non-government organizations, and members of the public. Any person or organization that has reason to believe merchandise produced, wholly or in part, with forced labor is being, or is likely to be, imported into the United States, can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violation Reporting System or by calling 1-800-BE-ALERT.
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Federal Register Notices:
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 2,4-Dichlorophenoxyacetic Acid From the People's Republic of China and India: Countervailing Duty Orders
• Certain Epoxy Resins From Taiwan: Amended Final Countervailing Duty Determination; Certain Epoxy Resins From the Republic of Korea and Taiwan: Countervailing Duty Orders
• Certain Epoxy Resins From Taiwan: Amended Final Antidumping Duty Determination; Certain Epoxy Resins From the Republic of Korea, Taiwan, and Thailand: Antidumping Duty Orders
• Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2022-2023
• 2,4-Dichlorophenoxyacetic Acid From India and the People's Republic of China: Antidumping Duty Orders
• Oil Country Tubular Goods From India: Final Results of Antidumping Duty Administrative Review, 2022-2023; Correction
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Acetone From Belgium, Singapore, South Africa, South Korea, and Spain; Scheduling of a Full Five-Year Review
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Integrated Circuits, Electronic Devices Containing the Same, and Components Thereof; Notice of Institution of Investigation
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Active Anode Material From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
• Welded Stainless Steel Pressure Pipe From Malaysia, Thailand, and the Socialist Republic of Vietnam: Continuation of Antidumping Duty Orders
• Circular Welded Austenitic Stainless Pressure Pipe From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order
• Mattresses From the People's Republic of China: Continuation of Antidumping Duty Order
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
• Monosodium Glutamate From the People's Republic of China: Final Affirmative Determination of Circumvention
• Fiberglass Door Panels From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Sales at Less Than Fair Value; Determinations, Investigations, etc.: Hard Empty Capsules From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Certain Corrosion-Resistant Steel Products From the Socialist Republic of Vietnam: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value
• Paper File Folders From Cambodia: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
• Paper File Folders From Sri Lanka: Preliminary Affirmative Determination of Sales at Less Than Fair Value
• Sol Gel Alumina-Based Ceramic Abrasive Grains From the People's Republic of China: Alignment of Final Countervailing Duty Determination With Final Less-Than-Fair-Value Determination
• Hard Empty Capsules From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures
• Hard Empty Capsules From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Hard Empty Capsules From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Hardwood and Decorative Plywood From China, Indonesia, and Vietnam; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Liquid Coolers for Electronic Components in Computers, Components Thereof, Devices for Controlling Same, and Products Containing Same; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polypropylene Corrugated Boxes From the People's Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation
• Certain Oil Country Tubular Goods From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Investigations; Determinations, Modifications, and Rulings, etc.: Thermoformed Molded Fiber Products From China and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Vertical Metal File Cabinets From China; Determinations
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CSMS # 65136263 - Initiation of Antidumping and Countervailing Duty Investigations: Silicon Metal from Angola, Australia, the Lao People’s Democratic Republic (Laos), Norway, and Thailand - U.S. Customs & Border Protection
On May 14, 2025, the Department of Commerce (Commerce) initiated its less-than-fair-value and countervailing duty investigations on “Silicon Metal from Angola, Australia, Laos, Norway, and Thailand” (Initiation Notices). These investigations have been assigned the following case numbers: A-762-001 (Angola), A-602-813 and C-602-814 (Australia), A-553-001 and C-533-002 (Laos), A-403-806 and C-403-807 (Norway), C-549-856 (Thailand).
The Scope of Merchandise covered by these investigations reads as follows:
The scope of these investigations covers all forms and sizes of silicon metal, including silicon metal powder. Silicon metal contains at least 85.00 percent but less than 99.99 percent silicon, and less than 4.00 percent iron, by actual weight. Semiconductor grade silicon (merchandise containing at least 99.99 percent silicon by actual weight and classifiable under Harmonized Tariff Schedule of the United States [HTSUS] subheading 2804.61.0000) is excluded from the scope of these investigations. Silicon metal is currently classifiable under subheadings 2804.69.1000 and 2804.69.5000 of the HTSUS. While the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope remains dispositive.
Parties may submit comments on the scope of the investigations. Please be sure to comply with all requirements pertaining to submitting comments as described in the forthcoming Initiation Notices. Upon their publication in the Federal Register, the Initiation Notices may be found at www.federalregister.gov via the search bar using the case numbers assigned to these investigations.
Importers should be aware that entries of subject merchandise made after the initiation of an investigation may retroactively be subject to antidumping and/or countervailing duties.
For questions about CBP’s AD/CVD enforcement, see Priority Trade Issue: Antidumping and Countervailing Duties | U.S. Customs and Border Protection (cbp.gov)
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CBP Reminds Pharmaceutical Trade Community of their Legal Obligations in Light of 'Most-Favored-Nation" Drug-Pricing Requirements - U.S. Customs & Border Protection
Ensuring accurate import and export value reporting
WASHINGTON – U.S. Customs and Border Protection reminds the trade community that under the Trump Administration's Executive Order, “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients,” the U.S. Department of Health and Human Services has published price targets for prescription drugs to lower health care costs for Americans.
Declaring incorrect value on import or export documentation submitted to CBP is considered trade evasion, and CBP will pursue any violations to the fullest extent possible. Such violations may be reported to CBP through the e-Allegations Online Trade Violation Reporting System.
For the latest CBP Office of Trade updates and guidance, follow us on X @CBPTradeGov and on LinkedIn at
https://www.linkedin.com/showcase/cbp-office-of-trade
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What is 'Juice Jacking' and Tips to Avoid It - Federal Communications Commission
Planning to travel? No doubt you'll have your cell phone or another portable device, and you'll need to re-charge it at some point.
If your battery is running low, be aware that juicing up your electronic device at free USB port charging stations, such as those found in airports and hotel lobbies, might have unfortunate consequences. You could become a victim of "juice jacking," yet another cyber-theft tactic.
Cybersecurity experts warn that bad actors can load malware onto public USB charging stations to maliciously access electronic devices while they are being charged. Malware installed through a corrupted USB port can lock a device or export personal data and passwords directly to the perpetrator. Criminals can then use that information to access online accounts or sell it to other bad actors.
Although "juice jacking" has been demonstrated to be technically possible as a proof of concept, the FCC is not aware of any confirmed instances of it occurring.
Here are some tips to guard against "juice jacking:"
• Using AC power outlets can help you avoid any potential risks, so be sure to pack AC, car chargers, and your own USB cables with you when traveling.
• Carry an external battery.
• Consider carrying a charging-only cable, which prevents data from sending or receiving while charging, from a trusted supplier.
• If you plug your device into a USB port and a prompt appears asking you to select "share data" or “trust this computer” or “charge only,” always select “charge only.”
Public WiFi networks are another way that cyber criminals target travelers. To learn more about mobile phone and online security, check out the FCC consumer guide: Wireless Connections and Bluetooth Security Tips.
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CBP Prepares for Summer Travel with Improved Time-Saving Tools - U.S. Customs & Border Protection
WASHINGTON — As the summer travel season nears and the United States prepares to welcome global visitors this summer for the Fédération Internationale de Football Association Club World Cup 2025, U.S. Customs and Border Protection encourages travelers to use the agency’s available mobile tools to streamline their arrival into the United States.
“CBP is committed to enhancing national security while streamlining lawful travel,” said CBP’s Acting Executive Assistant Commissioner Diane J. Sabatino. “By leveraging advanced technologies and mobile applications, we are transforming inspections at airports into a seamless, touchless process, enabling faster risk identification and efficient processing of legitimate visitors.”
This year’s FIFA Club World Cup 2025 is a new global club tournament that is debuting this year in the United States, who will also host the FIFA World Cup 2026 next summer. Both events are expected to attract a combined 10 million international visitors, which CBP is ready to welcome.
In fiscal year 2024, CBP processed over 420 million travelers at ports of entry — a 6.6% increase from the previous year. CBP continues to roll out airport modernization enhancements to support the expected increase in international travel. Enhanced technology ensures better allocation of resources, allowing officers to focus on higher-risk travelers, which aligns with CBP’s national security mission.
This enhanced technology includes Enhanced Passenger Processing, which involves photographing travelers using auto capture technology to provide a complete customs assessment (biometric confirmation, eligibility, enforcement) before they reach the CBP officer. EPP is available to U.S. citizens at Orlando International Airport, Dallas Fort Worth International Airport, Denver International Airport, Charlotte Douglas International Airport, Seattle-Tacoma International Airport, Cross Border Xpress, Chicago O’Hare International Airport, Los Angeles International Airport, Hartsfield-Jackson Atlanta International, Dublin Airport.
Travelers may also use Seamless Border Entry, which combines the Trusted Traveler Programs framework with “On the Move” technology that allows Global Entry members to move through the inspection process seamlessly with minimal interaction with a CBP officer, depending on officer discretion. SBE is available at select airports, including Los Angeles International Airport, Miami International Airport, Washington Dulles International Airport, Chicago O’Hare International Airport, Newark Liberty International Airport, George Bush Continental Airport, and Toronto Pierson International Airport.
CBP also provides a suite of mobile applications to help travelers streamline their entry into the U.S. All CBP mobile apps are free and available through the Google Play Store and Apple App Store, or by visiting the CBP Mobile Apps Directory.
• CBP’s nearly 13 million Global Entry members may also use the Global Entry mobile app, which allows travelers to complete their entry processing on their phones before leaving the aircraft. Available at 78 locations, the app has already been downloaded over 2 million times and can be found in the Apple App Store and on Google Play. Conditionally approved members may also use the app and then use the Enrollment on Arrival option to complete their interview without a prior appointment upon returning to the U.S.
• Travelers arriving to the U.S. from Canada may also apply for NEXUS, a fee-based, voluntary program, designed to expedite CBP processing for vetted, low-risk trusted travelers at 12 land border locations and eight Canadian airports. More than 2.2 members are currently enrolled in NEXUS. The program is open to citizens and permanent residents of both the U.S. and Canada.
• Travelers who are not TTP members may use the Mobile Passport Control app for a fast and secure way to submit their passport and travel information in advance. MPC is available at 53 ports of entry, including 14 Preclearance locations and four seaports. The app is open to U.S. citizens, lawful permanent residents, certain Canadian citizens, and Visa Waiver Program travelers.
• Non-U.S. citizens eligible to enter under the Visa Waiver Program have the option of using the Electronic System for Travel Authorization mobile app to submit ESTA applications from their smartphones, mobile devices, or tablets. Travelers unable to download the mobile app may also access ESTA online.
Whichever option is chosen to enter the United States, CBP reminds visitors they must meet legal requirements, have proper documents, undergo background checks and inspection, and adhere to visa terms. If statutes or visa terms are violated, travelers may be subject to detention and removal. A visa is a privilege, not a right, and only those who respect our laws and follow the proper procedures will be welcomed.
For more information on visas and passports, please visit travel.state.gov. Travelers may also visit the Know Before You Go page on CBP.gov, or view the next CBP Travel Chat, which will take place May 28 on Facebook Live and Instagram Live.