At hearings held last week, the USTR heard from a variety of stakeholders, including trade groups and individual businesses, regarding possible product exemptions from the proposed Section 301 duties on Brazil and Forced Labor. According to participants, there were no questions, and witnesses read their statements.
Still anticipated but not yet realized are proposed Section 301 tariffs related to the Excess Capacity investigations. What is likely to result is a combined set of duties that replicates the invalidated IEEPA tariff framework. Last week’s order issued by the Court of International Trade (CIT) suggests that the new framework may be more legally durable; the CIT’s order announced the resolution of all pending but stayed challenges to prior Section 301 tariffs due to the Supreme Court’s recent denial of certiorari. Nevertheless, legal challenges to any new Section 301 duties are likely to advance through efforts by 22 Democratic State attorneys general opposing the proposed forced-labor duties.
When the United States Supreme Court struck down the IEEPA tariffs in February 2026, many were left to wonder under what authority the Administration could continue to impose tariffs. For a discussion of what tools might remain, click here.
A new legal development is emerging on the tariff refund front. With billions now returning to importers, legal actions seeking to recover refunds for consumers have been initiated. Last week, consumers sued Newell Brands and Graco, seeking to recover surcharges on higher-priced goods allegedly charged in response to tariffs. Law firms are actively recruiting plaintiffs for class actions and additional lawsuits are likely.
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