Tariff Updates
The latest tariff information, including that below, is available on the Taxes, Tariffs and Trade page of nafem.org. While NAFEM regularly updates this resource page, we recommend regular communication with your customs broker for the most current tariff information relative to your business and its products.
Tariff collections continue during shutdown
U.S. Customs and Border Protection will continue tariff collections during the government shutdown.
U.S. Supreme Court to hear IEEPA arguments
The U.S. Supreme Court (SCOTUS) will hear oral arguments in the International Emergency Economic Powers Act (IEEPA) tariffs case Nov. 5. Already, the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit struck down the IEEPA tariffs. However, the tariffs remain in place as court proceedings continue. Should the SCOTUS agree with the lower courts, these tariffs will be struck down, but it remains to be seen how and if potential refunds will be addressed. NAFEM members who are importers could be eligible for potential refunds for IEEPA tariffs that began February 2025. Members who source from importers-distributors would likely not receive refunds from these supply chain partners.
Section 301 tariffs upheld by Federal Circuit Court
In a unanimous opinion, the three-judge panel of the Court of Appeals for the Federal Circuit ruled that the first Trump administration was within its rights to expand the initial Section 301 tariffs on Chinese goods from $50 billion to $300 billion. The final step in this case is an appeal via a Writ of Certiorari (Cert) to the SCOTUS. If an appeal is not pursued or the SCOTUS denies the Cert petition, the Federal Circuit decision will be legally binding and the thousands of pending cases will be dismissed. NAFEM’s legal team at Barnes & Thornburg anticipates that the SCOTUS will deny the petition based on the Court’s other activities to date.
New Section 232 investigation of robotics and industrial machinery underway
The U.S. Secretary of Commerce initiated a Section 232 investigation under the Trade Expansion Act to assess whether imports of robotics and industrial machinery, and parts/components, pose a risk to national security. The scope of the investigation includes CNC machining centers, turning and milling machines, grinding and deburring equipment, and industrial stamping and pressing machines. It also includes automatic tool changers, jigs and fixtures, and machine tools for cutting, welding and handling work pieces. Application-specific specialty metalworking equipment used to treat, form or cut metal, such as autoclaves and industrial ovens, metal finishing and treatment equipment, EDM machinery, and laser and water-cutting tools and machinery also is included. Comments are due Oct. 17.
USMCA up for review, comment period open
The US-Mexico-Canada Agreement (USMCA) finalized July 2020 during President Trump’s first term is up for the mandatory six-year review in 2026. According to the terms, if any country objects to extending the agreement, it triggers an annual approval process and a countdown to the USMCA’s end in 2036. In anticipation of upcoming negotiations, the United States Trade Representative (USTR) is seeking public comments by Nov. 3 and will hold a public hearing Nov. 17.
USTR concludes China maritime investigation; increases vessel fees
Based on USTR’s Section 301 investigation on China’s Maritime, Logistics and Shipbuilding Sector dominance that was initiated March 2024, Customs and Border Protection (CBP) is implementing new fees for vessels owned, operated or built in China, and for all foreign-built vehicle carrier vessels, effective Oct. 14, 2025. In its guidance, CBP notes that, “The burden for determining if a vessel owes the fee is on the operator, NOT CBP.” NAFEM, the U.S. Chamber of Commerce and 100+ others advocated against the proposal that would increase shipping costs, raise prices and decrease exports and imports.