Articles by Johnathan Foege
Florida-raised, trained in international affairs and Italian, and a two-year Jessup competitor. Johnathan handles Spanish and Italian matters and writes much of the firm's tariff coverage. Profile.
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New Lawsuit Challenges Trump Administration’s Section 301 Forced Labor Tariffs
The latest chapter in the ongoing legal battle over U.S. tariffs has begun. On July 24, 2026, two U.S. importers filed suit in the U.S. Court of International Trade challenging the Trump Administration’s recently imposed Section 301…
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New Section 301 Forced Labor Tariffs: What Importers and Customs Brokers Need to Know
On July 24, 2026, U.S. Customs and Border Protection (“CBP”) issued implementation guidance for the new Section 301 Forced Labor tariffs announced by the Office of the United States Trade Representative (“USTR”) one day earlier. The…
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CPSC eFiling Coming Soon: Are You Prepared?
The landscape of consumer product imports is facing a major regulatory shift. The U.S. Consumer Product Safety Commission (CPSC), in coordination with U.S. Customs and Border Protection (CBP), is fully implementing its eFiling…
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CBP Issues Two New Withhold Release Orders Against Jordanian Garment Manufacturers
On June 23, 2026, U.S. Customs and Border Protection (CBP) issued two new Withhold Release Orders (WROs) against garments produced by Needle Craft Ltd. and Casual Wear Apparel L.L.C., two garment manufacturers located in Jordan.…
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BIS Clarifies Advanced Computing Export Controls: China-Linked Entities Remain Subject to Licensing Requirements
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has issued new guidance reaffirming an important principle that many exporters, distributors, and technology companies may have misunderstood following the…
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CBP Issues Withhold Release Order Against Serbian Copper Producer Over Forced Labor Concerns
On June 16, 2026, U.S. Customs and Border Protection (CBP) announced a new Withhold Release Order (WRO) against copper and copper products manufactured by Serbia Zijin Copper DOO, citing reasonable evidence that forced labor was used in…
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CBP Releases Comprehensive Forced Labor Enforcement Guidance for Importers
On June 12, 2026, U.S. Customs and Border Protection (CBP) released its new Forced Labor Enforcement Operational Guidance for Importers (Publication No. 5560-0526), providing importers with a consolidated reference guide covering the…
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Supreme Court Declines to Hear China Section 301 Tariff Challenge, Bringing Long-Running Litigation to a Close
On June 15, 2026, the U.S. Supreme Court denied a petition for certiorari in HMTX Industries, LLC, et al. v. United States, the lead case challenging the legality of the Section 301 tariffs imposed on imports from China under Lists 3…
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U.S. Government Orders Suspension of Anthropic’s Fable 5 and Mythos 5 Models: What It Means for AI Governance and Compliance
The intersection of artificial intelligence and national security continues to evolve rapidly, and a recent government action involving Anthropic’s newest AI models demonstrates the increasing scrutiny frontier AI systems face from…
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IEEPA Tariff Refund Process Faces Operational and Legal Challenges
There were several significant developments this week regarding the ongoing refund process for tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Following the Supreme Court’s decision invalidating the IEEPA…
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CIT Invalidates Section 122 Tariffs — What Importers Should Know Now
On May 7, 2026, the U.S. Court of International Trade (“CIT”) issued a major ruling striking down the Administration’s 10% global import surcharge imposed under Section 122 of the Trade Act of 1974. The decision represents another…
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CBP CAPE SYSTEM LIVE TODAY: A New Era for IEEPA Duty Refunds
As of April 20, 2026, U.S. Customs and Border Protection (CBP) has officially launched Phase 1 of the Consolidated Administration and Processing of Entries (CAPE) system within the ACE Secure Data Portal. This long-anticipated…
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Court Temporarily Pauses Immediate Compliance Order as CBP Prepares System for IEEPA Tariff Refunds
New developments in the ongoing litigation over the IEEPA tariffs provide further insight into how and when importers may receive refunds of duties that courts have already held were unlawfully imposed. Recent filings from U.S. Customs…
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CIT Issues Landmark Order: CBP Must Liquidate Entries Without Invalid IEEPA Tariffs
CIT Issues Landmark Order: CBP Must Liquidate Entries Without Invalid IEEPA Tariffs by Isabella Ampudia
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CIT Orders CBP to Liquidate IEEPA Entries Without the Unlawful Tariffs
In a significant development following the Supreme Court’s decision invalidating the IEEPA tariffs, the United States Court of International Trade has issued an order directing U.S. Customs and Border Protection to liquidate affected…
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IEEPA TARIFFS HALTED: CBP GUIDANCE ISSUED
IEEPA Refunds: Are You Ready for the Ruling by Isabella Ampudia
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The 150-Day Surcharge: Navigating the Section 122 Transition
New Global Surcharge: Section 122 in Effect by Isabella Ampudia
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ARANCELES IEEPA ILEGALES: La Corte Suprema otorga una victoria decisiva a los importadores
En una decisión histórica, la Corte Suprema de los Estados Unidos ha determinado que los aranceles impuestos en virtud de la International Emergency Economic Powers Act (“IEEPA”) son ilegales. Con este fallo, la prolongada incertidumbre…
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DAZI IEEPA ILLEGITTIMI: La Corte Suprema riconosce una vittoria decisiva agli importatori
In una decisione storica, la Corte Suprema degli Stati Uniti ha stabilito che i dazi imposti ai sensi dell’International Emergency Economic Powers Act (“IEEPA”) sono illegittimi. Con tale pronuncia, l’incertezza protrattasi nel tempo…
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IEEPA 关税违法：美国最高法院向进口商作出决定性胜利判决
Chinese-language version (PDF) of: IEEPA TARIFFS UNLAWFUL
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IEEPA TARIFFS UNLAWFUL: Supreme Court Hands Decisive Victory To Importers
In a landmark decision, the United States Supreme Court has held that the tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”) are unlawful. With that ruling, the long-running uncertainty surrounding the…
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The Billion-Dollar Countdown: Why the Feb 20th SCOTUS Ruling Could Leave Unprepared Importers Behind
IEEPA Refunds: Are You Ready for the Ruling by Isabella Ampudia
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CBP Moves to Mandatory Electronic Refunds: What Importers Need to Know Before February 6, 2026
U.S. Customs and Border Protection has announced a significant modernization of its refund process that will directly affect importers, customs brokers, and other members of the trade community. Beginning February 6, 2026, CBP will…
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CIT Rules IEEPA Tariffs May Be Recovered Through Legal Action
Recent developments in the ongoing IEEPA tariff litigation have brought important clarity for U.S. importers seeking refunds of unlawfully imposed duties. While uncertainty continues to surround administrative refund mechanisms, the…
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联邦上诉法院裁定 IEEPA 关税违法，但退款是否仍存疑？采取保护性法律行动可保全您的权利
Chinese-language version (PDF) of: Federal Appeals Court Rules IEEPA Tariffs Unlawful, But Is A Refund Doubtful? Protective Legal Action Could Preserve Your Rights
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La Corte d’Appello Federale Dichiara Illegittimi i Dazi IEEPA: Ma il Rimborso è Incerto? Un’Azione Legale Preventiva Potrebbe Preservare i Vostri Diritti
Importanti sviluppi nel diritto del commercio internazionale statiunitese stanno creando una finestra di opportunità sempre più ristretta per gli importatori che desiderano preservare eventuali diritti al rimborso dei dazi imposti ai…
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Federal Appeals Court Rules IEEPA Tariffs Unlawful, But Is A Refund Doubtful? Protective Legal Action Could Preserve Your Rights
Major developments in international trade law may be creating a narrowing window of opportunity for U.S. importers seeking to preserve their potential rights to IEEPA tariff refunds. Many companies, including Costco Wholesale…
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U.S. Extends Section 301 Tariff Exclusions for Key Chinese Imports Following Trade Truce
The Office of the U.S. Trade Representative (USTR) has announced a significant one-year extension of tariff exclusions for a broad range of Chinese industrial and medical imports, marking one of the first major implementation steps…
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U.S.–China Trade Rebalancing: Key Takeaways from the New Agreement
This week, U.S. President Donald Trump and Chinese President Xi Jinping announced a sweeping economic agreement following high-level talks in Seoul. The deal marks a new phase in the evolving U.S.–China trade relationship. It represents…
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New Section 232 Tariffs on Medium- and Heavy-Duty Trucks and Parts Take Effect November 1, 2025
On October 17, 2025, the President issued Proclamation 10984, “Adjusting Imports of Medium- and Heavy-Duty Trucks, Medium- and Heavy-Duty Truck Parts, and Buses into the United States,” under Section 232 of the Trade Expansion Act of…
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U.S.–China Announce Tariff Suspensions and New Trade Understandings
China’s Ministry of Commerce announced that the latest round of U.S.–China economic and trade talks, held in Kuala Lumpur, resulted in several notable tariff and export-control suspensions that could temporarily ease tensions for…
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When Importers Cheat Customs: Los Angeles Apparel Company Sentenced for $8 Million Duty Evasion — and Why Whistleblowers Matter
Federal prosecutors recently announced the sentencing of a Los Angeles-based apparel importer and its executives for a sweeping customs fraud and money laundering scheme — a case that highlights how import duty evasion can trigger not…
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New Section 301 Fees on Chinese and Foreign-Built Vessels Take Effect October 14
The U.S. government has announced new vessel fees under the ongoing Section 301 action into China’s targeting of the maritime, logistics, and shipbuilding sectors for dominance. Effective October 14, 2025, these fees apply to vessels…
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Renewed U.S.–China Trade Tensions: What To Expect from the Latest Tariff Escalations
The U.S.–China trade relationship may be entering a sharper phase of confrontation. In response to China’s recent tightening of export controls on rare earth materials and related technologies, the U.S. has jumped to threaten 100%…
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Updated Guidance On Section 232 Duties on Timber, Lumber, and Related Products
U.S. Customs and Border Protection (CBP) has issued guidance on the implementation of Proclamation 10976, “Adjusting Imports of Timber, Lumber, and Their Derivative Products into the United States,” published in the Federal Register at…
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New Section 232 Tariffs on Furniture and Wood Products: What Importers Need to Know
On September 29, 2025, President Trump issued a Section 232 proclamation imposing new tariffs on imported timber, lumber, and derivative wood products, including furniture. The move follows a Commerce Department investigation that…
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BIS Issues Interim Final Rule Extending Entity List Restrictions To 50% Ownership
On September 29, 2025, the Bureau of Industry and Security (BIS) implemented an interim final rule (IFR) amending the Export Administration Regulations (EAR) to broaden the reach of the Entity List. Published at 90 FR 47201, this rule…
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Updated Tariff Guidance: U.S.–Japan Agreement Brings 15% Baseline Rate
On September 16, 2025, the Department of Commerce published the tariff modifications needed to implement the United States–Japan Agreement (Executive Order 14345). The agreement sets a baseline 15% tariff on nearly all imports from…
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IEEPA Tariffs at the Supreme Court: What Importers Need to Know About Duty Recovery
On September 9, 2025, the Supreme Court agreed to expedited review of two consolidated appeals challenging the legality of the Trump administration’s tariffs imposed under the International Emergency Economic Powers Act (IEEPA). These…
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Supreme Court to Hear IEEPA Tariff Case on Expedited Basis
Late yesterday, the U.S. Supreme Court officially agreed to hear the IEEPA tariff case on an expedited basis. Oral arguments are scheduled for the first week of November, and therefore, a final ruling could come as early as late…
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Reciprocal Tariffs Lose At Appeals Court, Battle Moves To Supreme Court
On Friday, the U.S. Court of Appeals for the Federal Circuit issued a major ruling on the scope of presidential tariff authority. In a 7–4 decision, the court found that former President Trump exceeded his powers under the International…
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Global Guidance for International Mail: New Duty Collection Rules Take Effect August 29, 2025
Effective August 29, 2025, U.S. Customs and Border Protection (CBP) will implement sweeping changes to the way duties are assessed and collected on international mail shipments. Under Executive Order 14324, Suspending Duty-Free De…
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HTSUS Reporting Sequence: Why the August 7 Reciprocal Tariff Changes Matter to Your Bottom Line
On August 7, 2025, a fresh round of reciprocal tariff updates took effect under Executive Order 14257, as amended, and they bring with them more than just new duty rates. For importers, brokers, and compliance teams, the real story is…
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Peace Agreements and New Trade Corridor Could Reshape the South Caucasus and Central Asia’s Economic Future
On August 8, 2025 the White House announced a U.S.-brokered peace agreement between Armenia and Azerbaijan that carries serious implications for international trade. Alongside the peace declaration, the parties signed bilateral economic…
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New 35–40% Tariffs on Canadian Goods Take Effect August 1
Starting August 1, 2025, U.S. importers will face steep new tariffs on a broad range of products from Canada. Under updated guidance from U.S. Customs and Border Protection (CBP), all imports from Canada—unless specifically…
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New Section 232 Duties on Copper And Copper Derivatives
On July 30, 2025, the White House issued a new Presidential Proclamation imposing 50% ad valorem duties on imports of certain copper products under Section 232 of the Trade Expansion Act of 1962. These tariffs—effective August 1—apply…
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U.S. Court of International Trade Denies Relief For Chinese De Minimis Goods
On July 28, 2025, the U.S. Court of International Trade (CIT) denied a motion for a preliminary injunction which sought to block the end of the de minimis exception for imports from China. The decision adds another layer of complexity…
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U.S. And E.U. Make A Deal: 15%Tarriffs On Most Goods
On July 27, 2025, the United States and European Union reached a trade agreement that imposes a 15% tariff on most EU goods entering the U.S. The agreement, finalized during a meeting at President Trump’s Turnberry golf resort in…
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Commerce Launches Circumvention Inquiries on Aluminum Containers Completed in Thailand and Vietnam
The U.S. Department of Commerce has officially initiated country-wide circumvention inquiries to determine whether disposable aluminum containers, pans, trays, and lids completed in Thailand and Vietnam using Chinese-origin aluminum…
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U.S. Announces 30% Tariffs on Mexico and EU Imports Starting August 2025; Negotiations Ongoing
In a new escalation of U.S. trade policy, President Trump announced that beginning in August 2025, the United States will impose a 30% tariff on products imported from both Mexico and the European Union. The announcement came through…
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OFAC Sanctions 18 Hong Kong Companies for Alleged Involvement in Iranian Oil Trade
On July 9, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a new round of sanctions targeting 22 companies based in Hong Kong, the United Arab Emirates, and Turkey. Among them, 18 companies…
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White House Extends Pause on Country-Specific Tariffs Until August 1—China Extended Until August 12
On July 7, 2025, President Trump issued an Executive Order titled “Extending the Modification of the Reciprocal Tariff Rates”, and U.S. Customs and Border Protection (CBP) has now released guidance on its implementation. This action…
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Potential Tariff on BRICS Countries, Allies
Overnight on July 6, 2025, President Trump issued a statement threatening additional tariffs on imports from countries that align themselves with the BRICS bloc. This statement comes just as BRICS countries have begun their annual…
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Vietnam Trade Deal Announced
On July 2, 2025, President Trump announced that the United States has entered into a new trade agreement with the Socialist Republic of Vietnam. This agreement introduces significant reductions in the country-specific rate for…
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TARIFF PAUSE TO END: Reciprocal Tariffs Set To Return July 9
All eyes are on the United States and its trading partners as the deadline to make a deal approaches. The Reciprocal Tariffs, reduced to just 10% for most countries for 90 days, are set to return to full force unless trading partners…
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U.S. Department of Commerce Puts Tariffs on Household Appliances
On June 16, 2025 the Unite States Department of Commerce published a notice in the Federal Register applying Section 232 tariffs on steel to 8 common household appliances. A duty rate of up to 50% will now apply to the steel content of…
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BREAKING: Fentanyl, Reciprocal Tariffs Struck Down, Other Tariff On The Way?
On May 28, 2025 a three-judge panel at the U.S. Court of International Trade (“CIT”) issued a finaljudgement vacating and permanently enjoining the Fentanyl Tariffs, as well as the Reciprocal Tariffs. Thisorder has tremendous…
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EU Goods Threatened With 50% Tariff
At a time where many countries are mitigating the Reciprocal Tariff by negotiating with the United States, the EU may have its tariff rate raised by 50%. While there has been no official order from the White House, President Trump…
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White House Clarifies China Tariff Changes
This weekend, delegates from the United States and China met in Geneva to discuss trade relations between the two countries. After reaching an agreement, the countries published a joint statement that foreshadowed future reductions of…
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TARIFFS REDUCED: U.S. and China strike a trade deal in Geneva.
Under a shady tree on Lake Geneva, delegates from the United States and China reached a trade deal that will see the relaxing of reciprocal tariffs on both sides. The deal was concluded this weekend during planned negotiations between…
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RARE EARTH METAL TARIFF?: White House Orders Section 232 Investigation Into Critical Minerals
Earlier last week the Trump Administration set into motion a process that could see more tariffs placed on a host of goods. On April 15, 2025, by executive order (the “Executive Order”), President Trump ordered an investigation pursuant…
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Chinese Shipping Hit With Section 301 Sanctions
On April 17, 2025 the United States Trade Representative (“USTR”) announced sanctions against the Chinese shipping and maritime industry, including logistics and shipbuilding. These actions come at the end of a year-long investigation…
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CHINA TARIFFS AT 104%: Rates Raised On Most Goods
On Tuesday, April 8, 2025, the White House signed off on a 50% increase to the Reciprocal Tariff on China, bringing the total of general tariffs on Chinese imports to 104%. This escalation comes as China retaliated against the 34%…
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De Minimis Tariffs Raised
In response to tariff retaliation from China, the Trump Administration has increased the duty rates on Chinese goods that previously qualified for de minimis duty free treatment. Background Beginning on February 1, 2025, President Trump…
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TARIFF RELIEF: Country-Specific Tariffs Paused 90 Days For All Except China
The tariff situation globally continues to change rapidly. Just this afternoon, on April 9, 2025, President Trump announced a relaxing of his sweeping tariff plan. Background On Wednesday, April 2, 2025, President Trump signed an…
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De Minimis Exception Eliminated For Chinese Goods
On April 2, 2025 President Trump signed an executive order finally eliminating de minimis duty free treatment on goods from China, ending a long saga of regulatory changes. Beginning on February 1, 2025, President Trump signed Executive…
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Reciprocal tariffs explained by tariff lawyers
On Wednesday, April 2, 2025 President Trump signed an executive order (the “EO”) that stands to be the most consequential of his presidency; the EO imposes “reciprocal tariffs” that touch and concern just about every good imported into…
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TARIFF ON AUTOS, PARTS INCOMING: Helpful information you need to know
On Wednesday, March 26, 2025, President Trump signed an executive order (the “EO”) directing a 25% on automobiles and certain automobile parts. As of this writing, there are a few key details missing because the accompanying Federal…
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The End of MC Numbers: A New Era for Freight Brokers
The Federal Motor Carrier Safety Administration (FMCSA) is on the brink of implementing one of its most significant regulatory changes in recent years. Effective October 1, 2025, the FMCSA eliminates the use of Motor Carrier (MC)…
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WINE AND SPIRITS TARIFF: European wine and spirits could see retaliation
Last week, President Trump announced plans to retaliate against incoming tariffs imposed by the European Union by levying a tariff on EU origin wine and spirits. Based on the available information, the retaliatory tariff could be as…
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TARIFFS ON LUMBER: What you need to know about the Section 232 investigation on lumber imports.
On March 1, 2025, President Trump signed an executive order (“EO”) titled “Addressing The Threat To National Security From Imports Of Timber, Lumber.” The EO instructs the Secretary of Commerce to begin an investigation under Section…
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Update: Mexico And Canada Tariffs Paused Indefinitely
On Thursday March 6, 2025, President Trump announced a pause on newly instituted tariffs on Mexico which went into effect earlier this week. The President said, via Truth Social: After speaking with President Claudia Sheinbaum of…
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Mexico Tariffs Paused
Today, Thursday, March 6, 2025, President Trump announced a pause on newly instituted tariffs on Mexico which went into effect earlier this week. The President said, via Truth Social: After speaking with President Claudia Sheinbaum of…
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Canada, Mexico, and China Tariff Updates: What You Need To Know
At 12:01 AM this morning, Tuesday, March 4, 2025, tariffs on Mexico and Canada came into effect in full force. Additionally, the tariffs on China were amended on Monday, March 3. Here’s what you need to know about the changes: Mexico…
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Incoming Tariffs: Retaliatory Tariffs on Digital Service Tax Countries Revived By Trump Administration
On February 21, 2025, President Trump signed a new executive order (“EO”) that could lead to more tariffs. The EO could revive previous actions taken under Section 301 of the Trade Act of 1974, which could see tariffs up to 25% placed…
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Section 301 Case Update: Federal Circuit Hears Oral Arguments In HMTX Industries LLC v. United States
A brief update on the appeal of the Section 301 case currently before the U.S. Court of Appeals for the Federal Circuit (CAFC): On January 8, 2025, the CAFC held oral arguments in HMTX Industries LLC v. United States. Counsel for the…
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Presidential Tariff Power via Executive Order, and Potential Constraints
The President of the United States wields considerable influence through executive orders and the authority to impose tariffs, tools that allow for rapid policy shifts without immediate congressional approval. In the one month since its…
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NEW STEEL AND ALUMINUM TARIFFS, RECIPROCAL TARIFFS: WHAT YOU NEED TO KNOW
A new round of executive orders (“EO”) are expected from the White House soon, which could see new tariffs across the board. This comes after last week saw the levying of tariffs against China, Mexico, and Canada, with the Canada and…
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CHINA RETALIATES: Tariff lawyers expect additional tariffs on China in the near future
On February 4, 2025, China unveiled a program of new tariffs and import controls on the United States, in response to tariffs placed by the US on China which came into effect that day. On February 1, 2025 President Trump signed three…
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NEW CANADA TARIFFS EXPLAINED: WHAT TARIFF LAWYERS KNOW ABOUT THE FEBRUARY 1 EXECUTIVE ORDER
The situation regarding tariffs on Canada, Mexico, and China continues to develop. On Saturday, February 1, 2025, President Trump signed an executive order imposing a tariff of 10% on Canadian origin energy resources, and 25% on all…
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NEW CHINA TARIFFS EXPLAINED: WHAT TARIFF LAWYERS KNOW ABOUT THE FEBRUARY 1 EXECUTIVE ORDER
The situation regarding tariffs on Canada, Mexico, and China continues to develop. On Saturday, February 1, 2025, President Trump signed an executive order imposing a tariff of 25% on all Chinese origin goods. The essential elements are…
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NEW MEXICO TARIFFS EXPLAINED: WHAT TARIFF LAWYERS KNOW ABOUT THE FEBRUARY 1 EXECUTIVE ORDER
The situation regarding tariffs on Canada, Mexico, and China continues to develop. On Saturday, February 1, 2025, President Trump signed an executive order imposing a tariff of 25% on all Mexican origin goods. The essential elements are…
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Incoming this weekend: China, Mexico, and Canada Tariffs
On January 31, 2025, White House Press Secretary Karoline Leavitt confirmed that President Trump will be moving forward with tariffs on Mexico, China, and Canada starting on Saturday, February 1, 2025. The Press Secretary also confirmed…
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U.S.-Colombia Tariffs and Sanctions: status update
A standoff between the United States and Colombia ended Sunday night with an agreement between the two countries. Even so, until further notice Columbian cargo may be subject to heightened scrutiny by U.S. Customs and Border Protection.…
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27 Companies Added To BIS Entity List
On January 16, 2025, the United States Department of Commerce, Bureau of Industry and Security (“BIS”) published the names of 25 Chinese entities and 2 Singapore entities that are added to the Entity List (the “List”) under 15 CFR §…
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32 Chinese Entities Among 250 Sanctioned By State and Treasury Departments
On January 15, 2025, the U.S. Department of State (“State”) and the U.S. Department of Treasury (“Treasury”) have jointly imposed sanctions on over 250 entities and individuals. The sanctions partially focus on Chinese entities which…
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39 Chinese Companies Added To DHS Entity List
On January 15, 2025, the United States Department of Homeland Security (“DHS”) added 39 companies to the Entity List (the “List”) under the Uyghur Forced Labor Prevention Act (“UFLPA”). Entities on the list are those entities working…
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China Bans Rare Earth Metal Exports To United States: What Now?
New export bans as, on Tuesday, December 3 Chinese officials announced an escalation to trade restrictions between China and the United States. Specifically, China has placed a ban on all sales of gallium, germanium, antimony, tungsten…