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Tariff court ruling throws another wrench into companies' trade strategies
Tariff court ruling throws another wrench into companies' trade strategies

Yahoo

time29-05-2025

  • Business
  • Yahoo

Tariff court ruling throws another wrench into companies' trade strategies

The Wednesday court decision blocking President Trump's emergency tariff powers could give companies the option of getting a refund on duties they've paid, but it adds another layer of complexity for companies dealing with the administration's rapidly changing trade policies. While the White House immediately appealed the decision from the U.S. Court of International Trade, the ruling opens up the possibility that businesses will be able to apply for refunds from the government, trade and legal experts told The Hill. 'It is likely, even though the court order didn't say anything specific about refunds, that the affected companies will be able to apply for refunds. There is precedent for this,' Jeremy Horpedahl, an economist at the University of Central Arkansas and a scholar with the Cato Institute, told The Hill. Companies that have previously overpaid on tariffs that have been stacked on top of each other as a result of multiple White House orders have been applying for refunds that U.S. Customs has been processing, Horpedahl said. 'There is grounds for a refund,' Leila Carney, an attorney with Caplin Drysdale, told The Hill. 'Whether the government will put in place an administrative process for that or whether taxpayers will have to file refund claims and refunds suits depends on how this plays out.' Not all attorneys agree on this, however. Andrew Gould, an attorney with law firm Holtzman Vogel, noted the decision was 'silent' on the particular issue of refunds and that it could require further legal actions to make that option available to importers. 'The court's order is silent on that issue. I think there would have to be additional actions to actually pursue that,' he said. 'I think that's going to require separate follow up to try to get that relief.' U.S. Customs and Border Protection (CBP) and the Department of Commerce did not immediately respond to The Hill's request for clarification on whether and how businesses will be able to apply for refunds as a result of the decision. Trump has pulled multiple tariff orders so far in the course of negotiations and the general economic reaction, and the Wednesday court ruling constitutes another policy reversal for Trump's trade war that businesses will have to deal with. 'It's not a sufficient basis for [companies] to make their business decisions on,' Carney said, adding that the environment of uncertainty around international trade will remain as a result of the decision. 'A question that our clients have been asking is, how do we pay? How do we know that we're paying the right amount? How do we argue if we think that we have a different product than the one that's addressed by the tariff?' she said. The order from the Court of International trade says that the tariffs are to be 'vacated,' as they do not fall under an appropriate use of the International Economic Emergency Powers Act (IEEPA). 'The worldwide and retaliatory tariff orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs. The trafficking tariffs fail because they do not deal with the threats set forth in those orders. … The challenged tariff orders will be vacated and their operation permanently enjoined,' the court ruled. The decision strikes down IEEPA tariffs on China, Mexico and Canada, as well as the 10 percent general 'reciprocal' tariff. Country-specific general tariffs would also be nullified by the decision, although those 'Liberation Day' tariffs have been paused while bilateral trade negotiations are being carried out. The total affected duties collected this year amount to about $13 billion, according to a tally by the U.S. Customs and Border protection. U.S. trade officials in the middle of these negotiations are ruing the decision. 'In each case, those ongoing, delicate negotiations are premised on the ability of the President to impose tariffs under IEEPA,' U.S. Trade Representative Jamieson Greer said in a statement, as reported by trade publication Inside U.S. Trade. The ruling brings down the overall effective U.S. tariff rate, which was as high as 25 percent before China and the U.S. agreed to pause their triple-digit tariffs on each other. After the pause, the rate fell to about 13 percent and now stands around 7 percent, according to the Yale Budget Lab. That's still the highest level in decades. 'Consumers face an overall average effective tariff rate of 6.9 percent, the highest since 1969. After consumption shifts, the average tariff rate will be 7 percent, also the highest since 1969,' members of the Yale Budget Lab wrote in a Thursday analysis. The decision leaves in place nonemergency Section 301 tariffs on China affecting about $23.4 billion worth of goods. Section 232 tariffs on steel, automobiles and aluminum also remain in place, as do Section 201 tariffs on solar products. Morningstar economist Preston Caldwell noted Thursday that the administration has recourse to other laws if it wants to keep tariff rates elevated despite the injunction. 'Trump could use Section 122 authority to impose tariffs of up to 15 percent for up to 150 days,' he wrote in a commentary. 'This could fill the gap and keep tariffs elevated until Section 232 or Section 301 tariffs come in place. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

EXCLUSIVE: GOP moves to authorize Trump to wage war on cartels through military force
EXCLUSIVE: GOP moves to authorize Trump to wage war on cartels through military force

Yahoo

time24-03-2025

  • Politics
  • Yahoo

EXCLUSIVE: GOP moves to authorize Trump to wage war on cartels through military force

EXCLUSIVE – Congressman Greg Steube, R-Fla., is introducing a resolution today to empower the Trump administration to "take a sledgehammer" to the cartels by authorizing the president to use the "full force of the American military" against nine of the largest migrant criminal groups that have been wreaking havoc on American cities. One of the criminal groups included in the resolution is Tren de Aragua – also known as "TdA" – which is an international gang tied to the murder of Georgia nursing student Laken Riley as well as the violent takeover of at least one apartment building in Aurora, Colorado, last year. The group is also suspected of having ties to Venezuelan socialist dictator Nicolás Maduro. The resolution authorizes President Donald Trump to unleash the American military on Tren de Aragua, MS-13, the Sinaloa Cartel and several other gangs, which it says have "violated the territorial integrity of the United States" and present "a clear and evident danger" to the American people. It states that over 110,000 Americans per year died of opioid overdoses during the height of the border crisis under the Biden administration. It further says that the targeted cartels "engaged in and permitted the occurrence of terrorism, outrages upon personal dignity, and the extrajudicial execution of innocent peoples in the United States." Blue Sanctuary State Operating As 'Control' Center For Vicious Migrant Gang: Acting Dea Chief "Whereas ensuring the territorial integrity, national sovereignty, and protection of the American people against all enemies, foreign and domestic, is of the utmost responsibilities entrusted upon the Armed Forces," the resolution reads, "The President is authorized to use the Armed Forces of the United States as the President determines necessary and appropriate against the covered cartels, any forces directly coordinated or affiliated with any covered cartel, and any successor organization or forces to any such covered cartel." Read On The Fox News App This comes after the Department of State – at the direction of an executive order signed by Trump on his first day in office – designated Tren de Aragua and seven other groups as "foreign terrorist organizations." Click Here For More Immigration Coverage The order stated that these groups "present an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States," and invoked the International Emergency Economic Powers Act (IEEP) to declare a national emergency to "deal with those threats." "It is the policy of the United States to ensure the total elimination of these organizations' presence in the United States and their ability to threaten the territory, safety, and security of the United States through their extraterritorial command-and-control structures, thereby protecting the American people and the territorial integrity of the United States," read the order. 'On Notice': Ex-venezuelan Military Official Applauds Trump's 'First Good Step' Targeting Bloodthirsty Gang Speaking with Fox News Digital, Steube – who is a member of the House Permanent Select Committee on Intelligence – explained his resolution, saying, "These are not ragtag bands of low-level lawbreakers but organized criminal enterprises that profit off death and addiction." Click Here For More Immigration Coverage "We can no longer ignore the deliberate invasion of Mexican drug cartels into our neighborhoods and communities," he said. "Far too many innocent people have suffered at the hands of the cartels." "Until such time that the Mexican government finally steps up and squashes the drug cartels who use Mexico as their home base, Congress must give President Trump and Secretary Hegseth the green light to take a sledgehammer to these criminal networks and their supply chains," he went on. "My joint resolution will authorize the Trump administration to use the full force of the American military against the nine largest drug cartels operating out of Mexico."Original article source: EXCLUSIVE: GOP moves to authorize Trump to wage war on cartels through military force

EXCLUSIVE: GOP moves to authorize Trump to wage war on cartels through military force
EXCLUSIVE: GOP moves to authorize Trump to wage war on cartels through military force

Fox News

time24-03-2025

  • Politics
  • Fox News

EXCLUSIVE: GOP moves to authorize Trump to wage war on cartels through military force

EXCLUSIVE – Congressman Greg Steube, R-Fla., is introducing a resolution today to empower the Trump administration to "take a sledgehammer" to the cartels by authorizing the president to use the "full force of the American military" against nine of the largest migrant criminal groups that have been wreaking havoc on American cities. One of the criminal groups included in the resolution is Tren de Aragua – also known as "TdA" – which is an international gang tied to the murder of Georgia nursing student Laken Riley as well as the violent takeover of at least one apartment building in Aurora, Colorado, last year. The group is also suspected of having ties to Venezuelan socialist dictator Nicolás Maduro. The resolution authorizes President Donald Trump to unleash the American military on Tren de Aragua, MS-13, the Sinaloa Cartel and several other gangs, which it says have "violated the territorial integrity of the United States" and present "a clear and evident danger" to the American people. It states that over 110,000 Americans per year died of opioid overdoses during the height of the border crisis under the Biden administration. It further says that the targeted cartels "engaged in and permitted the occurrence of terrorism, outrages upon personal dignity, and the extrajudicial execution of innocent peoples in the United States." "Whereas ensuring the territorial integrity, national sovereignty, and protection of the American people against all enemies, foreign and domestic, is of the utmost responsibilities entrusted upon the Armed Forces," the resolution reads, "The President is authorized to use the Armed Forces of the United States as the President determines necessary and appropriate against the covered cartels, any forces directly coordinated or affiliated with any covered cartel, and any successor organization or forces to any such covered cartel." This comes after the Department of State – at the direction of an executive order signed by Trump on his first day in office – designated Tren de Aragua and seven other groups as "foreign terrorist organizations." The order stated that these groups "present an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States," and invoked the International Emergency Economic Powers Act (IEEP) to declare a national emergency to "deal with those threats." "It is the policy of the United States to ensure the total elimination of these organizations' presence in the United States and their ability to threaten the territory, safety, and security of the United States through their extraterritorial command-and-control structures, thereby protecting the American people and the territorial integrity of the United States," read the order. Speaking with Fox News Digital, Steube – who is a member of the House Permanent Select Committee on Intelligence – explained his resolution, saying, "These are not ragtag bands of low-level lawbreakers but organized criminal enterprises that profit off death and addiction." "We can no longer ignore the deliberate invasion of Mexican drug cartels into our neighborhoods and communities," he said. "Far too many innocent people have suffered at the hands of the cartels." "Until such time that the Mexican government finally steps up and squashes the drug cartels who use Mexico as their home base, Congress must give President Trump and Secretary Hegseth the green light to take a sledgehammer to these criminal networks and their supply chains," he went on. "My joint resolution will authorize the Trump administration to use the full force of the American military against the nine largest drug cartels operating out of Mexico."

Trump State Department declares Tren de Aragua, MS-13, Mexican drug cartels as foreign terrorist organizations
Trump State Department declares Tren de Aragua, MS-13, Mexican drug cartels as foreign terrorist organizations

Yahoo

time20-02-2025

  • Politics
  • Yahoo

Trump State Department declares Tren de Aragua, MS-13, Mexican drug cartels as foreign terrorist organizations

The Trump administration designated several gangs and cartels, such as Tren de Aragua, MS-13 and the Sinaloa Cartel, as foreign terrorist organizations (FTOs). Secretary of State Marco Rubio said in a public notice set to be published in the Federal Register on Thursday, that he had concluded there is a "sufficient factual basis" under section 219 of the Immigration and Nationality Act to designate eight groups as FTOs. The eight groups consist of Tren de Aragua; Mara Salvatrucha, also known as MS-13; the Sinaloa Cartel; New Generation Cartel of Jalisco; United Cartels; Northeast Cartel; Gulf Cartel; and La Nueva Familia Michoacana, or LNFM, many of which go under multiple different names. This comes after President Donald Trump signed an executive order on his first day in office to direct the State Department and other executive agencies to move to designate cartels and other criminal groups as FTOs. Trump Admin Reveals List Of Cartels And Gangs To Be Designated Terrorist Organizations The order specifically mentioned Tren de Aragua – which is also known as "TdA" – as well MS-13, as groups needing to be designated as terror organizations. Read On The Fox News App Trump gave Rubio 14 days to make policy recommendations – in consultation with the secretaries of the Treasury and Homeland Security as well as the U.S. attorney general and director of national intelligence – to make a recommendation regarding the designation of criminal groups to be designated as terrorist organizations. A foreign terrorist designation expands the government's ability to crack down on criminal groups operating in the U.S., allowing all government agencies, including the Department of the Treasury, to target that group from every angle. Click Here For More Immigration Coverage The order stated that these groups "present an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States," and invokes the International Emergency Economic Powers Act (IEEP) to declare a national emergency to "deal with those threats." Trump Greenlights Some Pro-immigrant Moves Amid Broader Anti-migrant Crackdown "It is the policy of the United States to ensure the total elimination of these organizations' presence in the United States and their ability to threaten the territory, safety, and security of the United States through their extraterritorial command-and-control structures, thereby protecting the American people and the territorial integrity of the United States," the order read. Joseph Humire, executive director of the Center for a Secure Free Society, authored a report on how to dismantle TdA in 2024. He previously explained to Fox News Digital that designating these groups as foreign terrorist organizations places them "at the highest level" of U.S. national security interest, meaning their funding and any organizations enabling them can be targeted as well. "Trump just put all of them on notice," Humire said. "This said: 'We know you're here; we know you're up to no good, and we're going to come after you.'" Fox News Digital's Peter Pinedo contributed to this article source: Trump State Department declares Tren de Aragua, MS-13, Mexican drug cartels as foreign terrorist organizations

Trump State Department declares Tren de Aragua, MS-13, Mexican drug cartels as foreign terrorist organizations
Trump State Department declares Tren de Aragua, MS-13, Mexican drug cartels as foreign terrorist organizations

Fox News

time19-02-2025

  • Politics
  • Fox News

Trump State Department declares Tren de Aragua, MS-13, Mexican drug cartels as foreign terrorist organizations

The Trump administration designated several gangs and cartels, such as Tren de Aragua, MS-13 and the Sinaloa Cartel, as foreign terrorist organizations (FTOs). Secretary of State Marco Rubio said in a public notice set to be published in the Federal Register on Thursday, that he had concluded there is a "sufficient factual basis" under section 219 of the Immigration and Nationality Act to designate eight groups as FTOs. The eight groups consist of Tren de Aragua; Mara Salvatrucha, also known as MS-13; the Sinaloa Cartel; New Generation Cartel of Jalisco; United Cartels; Northeast Cartel; Gulf Cartel; and La Nueva Familia Michoacana, or LNFM, many of which go under multiple different names. This comes after President Donald Trump signed an executive order on his first day in office to direct the State Department and other executive agencies to move to designate cartels and other criminal groups as FTOs. The order specifically mentioned Tren de Aragua – which is also known as "TdA" – as well MS-13, as groups needing to be designated as terror organizations. Trump gave Rubio 14 days to make policy recommendations – in consultation with the secretaries of the Treasury and Homeland Security as well as the U.S. attorney general and director of national intelligence – to make a recommendation regarding the designation of criminal groups to be designated as terrorist organizations. A foreign terrorist designation expands the government's ability to crack down on criminal groups operating in the U.S., allowing all government agencies, including the Department of the Treasury, to target that group from every angle. The order stated that these groups "present an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States," and invokes the International Emergency Economic Powers Act (IEEP) to declare a national emergency to "deal with those threats." "It is the policy of the United States to ensure the total elimination of these organizations' presence in the United States and their ability to threaten the territory, safety, and security of the United States through their extraterritorial command-and-control structures, thereby protecting the American people and the territorial integrity of the United States," the order read. Joseph Humire, executive director of the Center for a Secure Free Society, authored a report on how to dismantle TdA in 2024. He previously explained to Fox News Digital that designating these groups as foreign terrorist organizations places them "at the highest level" of U.S. national security interest, meaning their funding and any organizations enabling them can be targeted as well. "Trump just put all of them on notice," Humire said. "This said: 'We know you're here; we know you're up to no good, and we're going to come after you.'"

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