The Trump administration is leaving 20% tariffs levied in response to fentanyl smuggling in place, while reducing what had been 125% reciprocal tariffs to just 10%, the same as all reciprocal tariffs globally.
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The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
CBP released guidance on the decrease of the reciprocal tariff rate on China to 10% beginning at 12:01 a.m. EDT on May 14. As provided in the executive order issued by President Donald Trump the previous day, the guidance says filers of entries from China, Hong Kong and Macau after the effective date should report subheading 9903.01.25, which is the subheading for the 10% universal tariff applicable to almost all countries.
A bill being considered in the House Ways and Means Committee that would extend Trump tax cuts that would otherwise expire at the end of the year is looking to international trade to pay for part of the cost of income tax reductions. The bill also adds new tax breaks, such as on overtime pay and tips.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
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May 13, 2025
Ex-USTR Lawyer and 2 former Wiggin and Dana Partners Join Holland & Knight
Patrick Childress, former assistant general counsel in the Office of the U.S. Trade Representative, has joined Holland & Knight as a partner in the international trade practice, the firm announced. Childress joined the USTR general counsel office in 2020, where he advised Congress, administration officials and federal agencies on various trade matters, including "digital trade, climate, trade in automotives, foreign investment and regional matters involving Canada and Mexico," the firm said.
In addition, Holland & Knight announced that trade attorneys Tahlia Townsend and Daniel Goren have joined the firm as partners in the Stamford, Connecticut, office, covering export controls compliance matters. Townsend and Goren both joined the firm from Wiggin and Dana, where they worked as partners in the international trade compliance and litigation practice.
Former DHS Forced Labor, CFIUS Official Joins Law Firm
Robert Silvers, a former DHS official who worked on forced labor enforcement, China policy and issues related to the Committee on Foreign Investment in the U.S., joined Ropes & Gray. Silvers will co-chair the firm’s national security practice, where he will focus on “critical matters at the intersection of national security, technology, and law,” it said. He left DHS in December after serving as undersecretary for policy and chair of the Forced Labor Enforcement Task Force.
Commerce Attorney Departs Agency for Sidley Austin
Ashlande Gelin, a former attorney at the Commerce Department's Office of the Chief Counsel for Trade Enforcement and Compliance, left the agency to join Sidley Austin as a managing associate, she announced May 8 on LinkedIn. Gelin joined Commerce in 2021 after serving as a law clerk and attorney in the Office of the U.S. Trade Representative.
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