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Tariffs at the Supreme Court!
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Tariffs at the Supreme Court!
Enforcement, International Trade, tariffs

Tariffs at the Supreme Court!

Yesterday was a big day for trade law! The Supreme Court heard oral arguments in Learning Resources, Inc. v. Trump. The case challenges whether the President has the authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA).

There’s been a lot of back and forth among trade lawyers about how the court will rule.

Here are our predictions:

After today’s hearing, we’re confident that the Supreme Court will side with the importers and uphold the lower court’s ruling.

Several justices asked very pointed questions and seemed to express skepticism that IEEPA grants the President broad authority to impose tariffs. At one point, Justice Roberts, a key vote, even called the Administration’s reading of the law a “misfit.”

Importantly, Justice Coney Barrett discussed recovery and questioned whether relief for importers would be a “complete mess”. It is critical that importers file a lawsuit with the CIT to preserve their ability to recover tariff refunds if and when the court overturns the tariffs. Get in touch with Diaz Trade Law for assistance – 305-456-3830 or info@diaztradelaw.com.

Keep up with the latest tariff and trade deal news here.

Learn more:

By Jennifer Diaz|2025-11-06T09:52:16-05:00November 6, 2025|Enforcement, International Trade, tariffs|0 Comments

Tariff Updates: Heavy Trucks, Timber & Lumber, Vessel Fees
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Tariff Updates: Heavy Trucks, Timber & Lumber, Vessel Fees
Enforcement, International Trade, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC)

Tariff Updates: Heavy Trucks, Timber & Lumber, Vessel Fees

Over the past several weeks, there has been a flurry of tariff updates affecting importers across multiple industries. From tariffs on heavy-duty vehicles and timber to 232 exclusions and vessel fees, the trade landscape is moving fast, and staying compliant is more challenging than ever. To help you keep up, we’ve summarized recent key tariff developments you need to know. For a full list of tariffs and trade deals, visit our tracker here.

Heavy-Duty Vehicles and Vehicle Parts

On September 25, 2025, President Trump, via Truth Social, announced his intention to impose a 25% tariff on heavy trucks. On October 17, 2025, he issued a Presidential Proclamation formalizing and clarifying these tariffs. The proclamation imposes a 25% tariff on imports of medium- and heavy-duty trucks and truck parts. This includes Class 3 to Class 8 vehicles, like large pick-up trucks, moving trucks, cargo trucks, dump trucks, and tractors for eighteen-wheelers.

The Proclamation also imposes a 10% tariff on imports of buses, including school buses, transit buses, and motor coaches. The tariffs are set to take effect on November 1, 2025.

President Trump is imposing the new tariffs under section 232 of the Trade Expansion Act of 1962, citing national security concerns.

If medium and heavy-duty vehicles qualify for USMCA treatment, the importer may submit documentation to identify the amount of U.S. content, and, after the Department of Commerce’s […]

By Jennifer Diaz|2025-10-24T10:50:49-04:00October 24, 2025|Enforcement, International Trade, U.S. Bureau of Industry and Security (BIS), U.S. Customs and Border Protection (CBP), U.S. Department of Commerce (DOC)|0 Comments

ICYMI: BIS Imposes New Affiliates Rule
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ICYMI: BIS Imposes New Affiliates Rule
Enforcement, Export, International Trade, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC)

ICYMI: BIS Imposes New Affiliates Rule

[Update November 10, 2025]: BIS imposed a one-year suspension of the interim final rule. The suspension is set to end November 9, 2026, absent a future extension.

On September 30, 2025, the Bureau of Industry and Security (BIS) released an interim rule regarding “Affiliates.” Under the rule, any entity that is at least 50% owned by one or more entities on the Entity List or the Military End-User (MEU) List will itself automatically be subject to Entity List/MEU restrictions. This is a significant change from the current standard, which excludes entities that are not specifically included on the Entity List or MEU List, regardless of any affiliation with Entity List or MEU List organizations.

This rule is effective September 29, 2025.

Entity, MEU List Background

The Entity List identifies persons (including businesses, research institutions, government and private organizations, individuals, and other types of legal persons) reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. These persons are subject to specific license requirements for the export, reexport, and/or transfer (in-country) of specified items.

BIS first published the Entity List in 1997. Since its initial publication, grounds for inclusion on the Entity List have expanded to activities sanctioned by the State Department and activities contrary to U.S. […]

By Jennifer Diaz|2025-11-10T18:59:28-05:00October 17, 2025|Enforcement, Export, International Trade, U.S. Bureau of Industry and Security (BIS), U.S. Department of Commerce (DOC)|0 Comments

Reminder! Three Upcoming USTR Filing Deadlines
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Reminder! Three Upcoming USTR Filing Deadlines
Enforcement, International Trade, U.S. Office of the United States Trade Representative (USTR), USMCA

Reminder! Three Upcoming USTR Filing Deadlines

This month, the United States Trade Representative (USTR) announced it is seeking comments from the public and trade community on three initiatives: (i) extension of 301 exclusions; (ii) the National Trade Estimate Report on Foreign Trade Barriers, and (iii) joint Review of USMCA.

Extending 301 Exclusions

There are currently 178 effective exclusions in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. These products are exempt from additional 301 duties. USTR has extended these exclusions several times, including a recent 90-day extension through November 29, 2025. USTR is seeking public comment on whether any of the 178 effective exclusions warrant further extension beyond November 29, 2025.

Comments are due October 16, 2025.

National Trade Estimate Report

Each year, USTR publishes the National Trade Estimate Report on Foreign Trade Barriers (NTE Report). USTR is seeking input to assist it in identifying significant foreign barriers to, or distortions of, U.S. exports of goods and services and U.S. foreign direct investment.

Commenters should submit information related to one or more of the following categories of foreign trade barriers:

Import policies
Technical barriers to trade
Sanitary and phytosanitary measures
Government procurement
Intellectual property protection
Services
Investment

[…]

By Jennifer Diaz|2025-09-25T10:37:33-04:00September 25, 2025|Enforcement, International Trade, U.S. Office of the United States Trade Representative (USTR), USMCA|0 Comments

FDA Launches Real-Time Adverse Event Reporting Dashboard for Cosmetic Products
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FDA Launches Real-Time Adverse Event Reporting Dashboard for Cosmetic Products
Cosmetics, Enforcement, FDA Issues, International Trade, Pre-compliance, U.S. Food and Drug Administration (FDA)

FDA Launches Real-Time Adverse Event Reporting Dashboard for Cosmetic Products

On September 12, 2025, the U.S. Food and Drug Administration (FDA) announced the launch of the FDA Adverse Event Reporting System (FAERS) Public Dashboard for Cosmetic Products. The system is an interactive tool designed to facilitate the public’s ability to search and find real-time adverse event data on cosmetic products. Through the tool, users can search and view reports using search terms, including the product name. Users can also download data sets and report listings. The FDA will update the tool daily to ensure it includes the most recent submissions.

The dashboard includes serious adverse event reports submitted by responsible persons for cosmetic products under requirements established by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), as well as voluntary adverse event reports submitted to the FDA by healthcare professionals, consumers, salon professionals, cosmetologists, and others.

This announcement follows a recent launch of real-time reporting of adverse event and medication errors data for drugs and therapeutic biologics.

In the announcement, the FDA stated these real-time reporting tools are part of the agency’s commitment to transparency and providing greater insight into the safety and regulation of the products consumers use every day.

Note: Reports in this dashboard have not been verified by the FDA, and their publication does not indicate that the FDA has concluded the product caused the adverse event.

By Jennifer Diaz|2025-09-19T09:48:31-04:00September 19, 2025|Cosmetics, Enforcement, FDA Issues, International Trade, Pre-compliance, U.S. Food and Drug Administration (FDA)|0 Comments

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