Schulz Trade Tribune: September 5-12, 2025
- Ryder Richards
- Sep 16
- 3 min read
Updated: Sep 16
Schulz Trade Tribune: September 5-12, 2025
September 15, 2025
IEEPA Tariffs: U.S. Supreme Court and Potential Refunds
On September 9, 2025, the U.S. Supreme Court announced that it will deliberate over the constitutionality of President Trump’s International Emergency Economic Powers Act (IEEPA) tariffs. As such, the U.S. Supreme Court has scheduled oral arguments for the first week of November.
Further, Treasury Secretary Howard Bessent has emphasized the government’s obligations to provide refunds for importers, if the U.S. Supreme Court finds President Trump’s IEEPA tariffs unconstitutional, stating “[the government] would have to give a refund on about half of the tariffs…there is no be prepared, if the court says it, we’d have to do it.”
Please contact Michelle Schulz at michelle@schulztradelaw.com, Marina Mekheil at marina@schulztradelaw.com, or Matt Savage at matt@schulztradelaw.com with questions.
BIS: 32 Entities Added to Entity List
Effective September 12, 2025, the Bureau of Industry and Security (BIS) has added 32 entities to the Export Administration Regulations’ (EAR) Entity List.
While China served as the destination for most of the entities, other destinations included the United Arab Emirates (UAE), Iran, and India. Further, these entities were added to the Entity List for various reasons, including improper transshipment practices, connections with China Communist Party (CCP) program, and the general circumvention of export controls.
Please contact Josh Rodman at josh@schulztradelaw.com or Kelly McCorkle at kelly@schulztradelaw.com with questions.
De Minimis Suspension: Qualified Parties Added
U.S. Customs & Border Protection (CBP) has updated its list of qualified parties for the payment of duty on International Mail Shipments. As such, duties on international mail shipments must be paid by the international mail carrier or a qualified party acting in lieu of the carrier.
This update follows President Trump’s Executive Order to suspend the duty-free de minimis exemption for shipments entering into the United States, which effective August 29, 2025, has resulted in products valued at $800 or less being subject to the General Duty rates provided in the Harmonized Tariff Schedule of the United States (HTSUS), along with any of the following applicable duty rates, depending on the product’s country or origin, material composition, and HTSUS code:
IEEPA tariffs,
Section 301 tariffs,
Section 232 tariffs,
Section 201 tariffs, and/or
Anti-Dumping/Countervailing Duties.
Please contact Marina Mekheil at marina@schulztradelaw.com or Matt Savage at matt@schulztradelaw.com with questions.
Export Controls Based on Wrongful Detention
On September 5, 2025, President Trump issued an Executive Order to authorize the Department of State’s use of export controls on countries that wrongfully detain U.S. Nationals.
As a result, the U.S. Secretary of State can designate a foreign country as a “State Sponsor of Wrongful Detention” and impose export controls if:
a foreign country wrongful detains a U.S. National;
a foreign country fails to release a U.S. national after the U.S. Secretary of State provides notice to a foreign country that the U.S. deems the detention wrongful; or
Based on the totality of the circumstances, a foreign country’s actions indicate:
1. The government is responsible for, complicit in, or materially supports the wrongful detention of a U.S. national; or
2. A pattern in which the government is responsible for, complicit in, or materially supports the unjust or unlawful detention of third country nationals in which cases the United States has a national interest, using criteria similar to those used by the Department of State in wrongful detention determinations.
Please Contact Josh Rodman at Josh@schulztradelaw.com or Kelly McCorkle at kelly@schulztradelaw.com with questions.
Schulz Trade Law’s Role in Supporting Clients
While these changes may feel overwhelming for companies operating within their respective global sectors, Schulz Trade Law PLLC actively tracks these developments and offers advice on how to mitigate risk, assess tariff exposure, and adapt your compliance strategies. Our team is here to provide timely, tailored support and, importantly, help you make the trade.
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