Trade & Tariff Update #44: U.S.-China Trade Relations, EPR Litigation Filings & More

United States/China Summit  

The summit between President Trump and Chinese President Xi concluded at the end of last week with a two-month extension of the trade truce until January 10, 2026.  Under the truce, the United States had agreed to suspend certain tariffs and other economic restrictions on China, while China pledged to provide a steady flow of rare earth minerals necessary for American factory production of cars, semiconductors, planes, power tools and other products.  Over the weekend, the U.S. and China announced a total $60 billion ($30 billion each) reciprocal tariff agreement to each cut tariffs on a large list of non-strategic products.  Chinese imports receiving reduced tariffs include fireworks, tableware, glass and wooden Christmas ornaments, and soccer balls.  Tariffs remain extraordinarily unpopular and pose significant challenges for American companies, particularly those in price-sensitive markets where the duties cannot be passed on to consumers.  

China 301 Shipbuilding Tariff Letter to the United States Trade Representative (USTR) 

APPA joined other stakeholders in a letter to USTR Secretary Greer last week, urging the suspension of the delay in Section 301 vessel duties, which is scheduled to expire on November 9, 2026.  While the outcome remains to be seen, last week’s summit gives reason for optimism.

EPR Litigation Filings in Oregon and Colorado 

On September 24, plaintiff National Association of Wholesaler-Distributors (NAW) filed its appeal with the United States Court of Appeals for the Ninth Circuit, asking it to overturn the United States District Court’s August 27 decision upholding Oregon’s EPR statute.  After a five-day bench trial, the district court determined that Oregon’s law did not violate either the dormant Commerce Clause or the Due Process Clause of the United States Constitution and dissolved the preliminary injunction blocking the statute’s enforcement.  

On September 28 in Colorado, plaintiff NAW filed a reply in support of its motion for a preliminary injunction seeking to enjoin enforcement of that state’s EPR law while its lawsuit proceeds.  The reply follows Colorado’s response in opposition to NAW’s motion, which was filed along with its complaint on July 30, 2026.  NAW’s lawsuit challenges the Colorado EPR statute on constitutional grounds that it violates both the Due Process Clause and the First Amendment.   

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