How To Manage During A Trade Dispute With USMCA Partners

By Peter Tabor, Molly O’Casey and Andrew McAllister
Law360.com
January 7, 2025
Category: Business & Politics
Region: Canada, United States

On Nov. 25, President-elect Donald Trump announced he would impose 25% tariffs on Mexico and Canada. …Trump may once again rely on Sections 201, 301 and 232 to impose tariffs on Canada and Mexico. However, he has expressed frustration with the procedural requirements — and delay — attached to these provisions. Consequently, Trump has suggested that he will rely on other provisions… which may include the International Emergency Powers Act, Section 338 of the Tariff Act of 1930, and Section 122 of the Tariff Act of 1974. However, the legality of imposing tariffs pursuant to these provisions is unclear. …Mexico and Canada could seek a remedy via the USMCA dispute settlement mechanism… but the parties are not bound to follow these recommendations. …In the short term, companies should consider stockpiling goods at pretariff prices, prior to Trump’s inauguration on Jan. 20. In the long term, companies should look at options for diversifying their supply chains. [A subscription or free trial to Law360 may be required to access this full story]

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