Tariffs: Here Today, Gone Tomorrow?

Unlikely. In our 160-year history, JW Hampton has never had voicemail. You always get a live person when you call our office. Mind you the telephone was only invented 11 years after JW Hampton was founded and as far as voicemail is concerned, it was first developed in the 1970s.

As many of you know, if you were to call our office today or any day during baseball season and get put on hold you get treated to one of the funniest skits of all time - Abbott and Costello's hilarious Who's On First? routine.

We started doing this many years back not just because we are baseball fans, but because the back-and-forth of Who's on First? often resembles our "lovable" logistics industry. After last night's ruling from the Court of International Trade, it looks like it is going to take some time to answer Costello's question or should I say statement of "Who gets the money..." to which Abbott replies "He does, every dollar of it. Sometimes his wife comes down and collects it."

We will continue to keep you updated as this all plays out. We are sharing the below from the National Customs Brokers & Forwarders Association of America's (NCBFAA) legal team.

Sandler, Travis & Rosenberg, P.A. (ST&R) noted the Court of International Trade (CIT) on May 28 ruled the IEEPA tariffs are unlawful. The Court has issued a combined opinion in V.O.S Selections Inc. et al v. Donald J. Trump et al: Court No. 25-66 and The State of Oregon et al v. Donald J. Trump et al: Court No 25-77, finding that IEEPA did not authorize the imposition of either the reciprocal or fentanyl tariffs. As such, the Court determined that the executive orders must be vacated, and their operation permanently enjoined which means that Customs and Border Protection (CBP) should not collect the tariffs. The CIT will soon issue such an order instructing the repeal of the tariffs. The Government has 60 days to file its appeal and is almost certain to seek a stay of the order (suspending the repeal) pending a decision on appeal.

For the immediate term, tariffs are likely to continue to be collected, and it is not yet clear whether or when refunds will be issued, or if they will be automatic. Further information will be provided after the order is issued. However, it is critical for importers to monitor the liquidation of entries on which tariffs were paid to file protests. Post Summary Corrections will not yet be available due to the constraints of the ACE system.

In the meantime, if you are in need of a good laugh, give our office a ring and ask to be put on hold. Who is on first. I don't know. Third base!