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Nakachi Eckhardt & Jacobson

Home
New Tariffs and Refunds
About the Firm
Careers Contact Us What we do Our approach Other firm projects In memoriam: Joel Junker, Esq. (1951 - 2019)
Language
BRZ CHI FRN JPN SPN RUS

Witnesses Urge Higher Section 301 Forced-Labor Tariffs on Vietnam and China as Targeted Countries Challenge USTR's Evidence

USTR heard a second day of testimony on July 8, 2026, in its Section 301 forced-labor investigation, with witnesses divided over proposed tariffs of 10% or 12.5% on imports from 59 countries and the European Union.

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PostedJuly 8, 2026
AuthorMatt Nakachi

Section 122 Global Surcharge Set to Expire July 24 by Operation of Law

The 10 percent global import surcharge imposed under Section 122 of the Trade Act of 1974 is scheduled to expire by operation of law at 12:01 a.m. EDT on July 24, 2026, 150 days after it took effect.

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PostedJuly 4, 2026
AuthorMatt Nakachi

Federal Circuit Appeal Tests Section 122 “Balance-of-Payments” Tariff Authority

On May 8, 2026, the government's appeal of the CIT's decision in State of Oregon v. United States was docketed at the Federal Circuit, testing whether Section 122's balance-of-payments authority supports the 10 percent temporary global tariff.

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PostedJuly 3, 2026
AuthorMatt Nakachi

Commerce Launches Section 232 Investigation Into Anthracite and Metallurgical Coal Imports: What Importers and Steel-Sector Suppliers Should Know

On June 29, 2026, the Department of Commerce initiated a new Section 232 investigation examining whether imports of anthracite coal and metallurgical bituminous coal threaten U.S. national security, publicly announced July 2.

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PostedJuly 3, 2026
AuthorMatt Nakachi

U.S. Declines to Extend USMCA: Clock Now Ticking Toward a July 1, 2036 Expiration

On July 1, 2026, at the mandatory six-year joint review of the USMCA, the United States declined to agree to extend the deal for another 16-year term, starting a clock toward a potential July 1, 2036 expiration.

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PostedJuly 1, 2026
AuthorMatt Nakachi

Bessent: Combined Section 301 Rates Will Match the Former IEEPA Rates

Speaking on CNBC on June 24, 2026, Treasury Secretary Scott Bessent predicted that if the Section 301 investigations now underway at USTR succeed, the resulting tariff rates will match the former IEEPA rates.

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PostedJune 25, 2026
AuthorMatt Nakachi

When "Unconditional" Trade Openness Ends: What Bessent's Economic Statecraft Means for Importers

Treasury Secretary Scott Bessent's remarks at the Economic Club of New York, titled "American Economic Statecraft in the 21st Century," confirm that Washington no longer views U.S. openness to trade and investment as unconditional.

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PostedJune 24, 2026
AuthorMatt Nakachi

USTR Opens New Section 301 Investigation into Germany's Pharmaceutical Pricing

On June 18, 2026, USTR initiated a new Section 301 investigation targeting Germany, examining whether Germany's persistent underpayment for innovative pharmaceutical products is unreasonable or discriminatory and burdens U.S. commerce.

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PostedJune 23, 2026
AuthorMatt Nakachi

Supreme Court Denies Cert in Section 301 China Tariffs Litigation, Ending Importers' Refund Hopes

On June 15, 2026, the U.S. Supreme Court denied the petition for certiorari in HMTX Industries, LLC v. United States, bringing the challenge to the 2018-2019 Section 301 tariffs on Chinese-origin goods to a close and foreclosing importer refund claims.

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PostedJune 16, 2026
AuthorMatt Nakachi

23 Non-Importer States to Cross-Appeal CIT's Section 122 Standing Ruling

Twenty-three non-importer states have filed a notice of cross-appeal from the CIT's May 7, 2026 decision in State of Oregon v. United States, challenging the court's decision to limit injunctive relief on the Section 122 tariffs to only three parties.

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PostedJune 16, 2026
AuthorMatt Nakachi

Trump Threatens 100% Tariff on French Wine Over Digital Tax

President Trump warned that the United States would impose a 100 percent tariff on French wines and champagnes unless Paris eliminates its digital services tax on American technology companies, escalating trade tensions ahead of the G7 summit.

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PostedJune 15, 2026
AuthorMatt Nakachi

Active USTR Section 301 Investigations: Status & Timelines (May 2026)

As of May 2026, USTR has an unusually large and aggressive portfolio of active Section 301 investigations spanning dozens of trading partners and covering issues from manufacturing overcapacity to forced labor and digital services taxes.

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PostedMay 29, 2026
AuthorMatt Nakachi

Section 301 Investigations: Where Things Stand and What's Coming Due

USTR continues to wield Section 301 of the Trade Act of 1974 as the administration's principal long-term tariff tool, with three active tracks each on its own statutory clock, complementing the IEEPA tariffs now in litigation.

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PostedMay 29, 2026
AuthorMatt Nakachi

$549.5 Million False Claims Act Settlement Signals Aggressive DOJ Enforcement Against Duty Evasion

On May 12, 2026, DOJ reported one of the largest customs-related False Claims Act recoveries to date, a $549.5 million settlement with importers accused of evading AD/CVD duties on Chinese-origin aluminum extrusions.

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PostedMay 29, 2026
AuthorMatt Nakachi

USTR Greer: Tariffs on Canada, Mexico, and China Are Here to Stay

USTR Jamieson Greer used a series of public appearances to deliver a single message: tariffs are now a permanent feature of U.S. trade policy, and neither USMCA partners nor China should expect a return to the pre-tariff status quo.

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PostedMay 28, 2026
AuthorMatt Nakachi

CBP Reports $20.6 Billion in IEEPA Refunds Disbursed via CAPE, Concedes $10 Billion Error; Judge Eaton Summons Commissioner

On May 26, 2026, CBP filed an updated declaration in Euro-Notions Florida, Inc. v. United States reporting $20.6 billion in IEEPA refunds disbursed via CAPE while conceding a roughly $10 billion error in its earlier figure.

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PostedMay 28, 2026
AuthorMatt Nakachi

Supreme Court Opens the Door to Negligent-Hiring Claims Against Freight Brokers

The Supreme Court's unanimous decision in Montgomery v. Caribe Transport II, LLC removes a preemption defense that had blocked negligent-hiring and negligent-selection claims against freight brokers in some jurisdictions.

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PostedMay 15, 2026
AuthorMatt Nakachi

Government Appeals Section 122 Tariff Ruling to the Federal Circuit

Following the CIT's May 7, 2026 decision invalidating the 10% global tariff imposed under Section 122, the government filed a notice of appeal to the Federal Circuit on May 8, 2026, and the duties remain in effect pending review.

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PostedMay 8, 2026
AuthorMatt Nakachi

CIT Finds Trump Unlawfully Used Section 122 Balance-of-Payments Tariff Authority

On May 7, 2026, the CIT held that President Trump unlawfully invoked Section 122 of the Trade Act of 1974 to impose the 10% global tariff meant to replace the IEEPA tariffs the Supreme Court struck down in February.

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PostedMay 7, 2026
AuthorMatt Nakachi

CIT Strikes Down Section 122 Global Tariff; Narrow Injunction Limits Immediate Relief to Three Plaintiffs

On May 7, 2026, the CIT held that the President's 10% global tariff imposed under Section 122 was unlawful, but a narrow injunction limited immediate relief to the three plaintiffs with standing.

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PostedMay 7, 2026
AuthorMatt Nakachi
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