Expeditors International of Washington, Inc. Status update
Review the key takeaways and the transcript of this earnings call.
- Section 122 tariffs expired on July 23rd and were immediately replaced on July 24th by forced labor tariffs covering 60 economies with a four-structure duty rate.
- Section 232 tariffs on pharmaceuticals went live on July 31st, with other cases like polysilicon planned for December 2026.
- Section 301 tariffs include new cases on Brazil and forced labor, both implemented recently with a 25% rate for Brazil.
- Section 201 tariffs are reemerging with a quota on quartz surface products starting August 15th and a new case on lamb meat.
- Canada was targeted with section 338 tariffs for the first time, applying 50% tariffs on covered goods with a 30-day lead time.
- The trade fraud task force from the DOJ released a resource guide emphasizing enforcement on classification, origin, and valuation, with some importers receiving subpoenas.
- CBP enforcement activity has increased significantly, including many CF 29 and CF 28 requests for information and additions to the Uyghur Forced Labor Prevention Act entity list.
- IEEPA-related court actions continue with over 17 million entries processed for refunds totaling about $130 billion, but finally liquidated entries require importer lawsuits for refunds.
- Multiple lawsuits have been filed challenging the legality of the section 301 forced labor tariffs, including a class action and a multi-state suit.
- The US Customs and Border Protection has instituted continuing education requirements for customs brokers, with webinars accredited for credit.
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Transcript
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Hello everyone. Thank you for joining us. I'm starting to see our participant numbers steadily climbing there, so that means you all are probably getting your alerts for what's next on your agenda for the day. We are very glad that part of your schedule is joining us for the U.S. Customs Market Update. I don't know, anybody else feeling like deja vu or Groundhog's Day here, because we've definitely done a lot of these. We are glad you're here for another one. Today we've got a lot of content to cover. Let's talk about the housekeeping items in case you have not joined us before.
If you are hearing a very annoying echo or your coworker is, and they want it to stop because they don't want to hear my voice twice, make sure that you are not joined in two different places or on two different devices, because that is often an issue people come across. If you are not hearing audio, make sure you join right here, because that may be a problem. Everyone wants to know how to get their questions in. You guys are all pros at this by now, probably, if you've joined us before, but please do put your questions in the Q&A box. We do have chat disabled. We ask you to focus your questions in the Q&A box. That way our team that's in the background can make sure that they are getting those answered as quickly as possible.
As always, we just ask, understand that if you've got a question that's hyper-specific to your business or industry, we are likely not going to be able to cover that today, but we will diligently work to get you an answer, either from one of these experts that are speaking or from one of our product managers with our customs clients teams. Question everyone asks, how do I receive the slides? After today's webinar, typically within an hour, you'll get an email from myself again, and you will get a link to the survey. Once you complete that survey, there's usually a thank you message that pops up, and that will have the link to the materials.
Click on that link before you close out the window that tells you, "Thank you for answering the survey." Regardless, you're going to get the materials again within about 24 hours after that. I will send an email out to anyone who attended, as well as those who couldn't join us. Finally, you can subscribe to receive webinar invites if maybe a coworker has forwarded this on to you and you're joining us for the very first time. We are glad to have you, but you can subscribe to get those invites straight to your inbox by clicking this QR code or to click the link that Nicole just dropped in the chat.
All right, moving on along, because we're going to get you guys to the people you really want to hear from, which include today Madeleine Veigel, our Vice President of Customs for the Americas, Brenda Smith, our Global Director of Government Outreach, Ted Henderson, who is our Senior Advisor of Customs, and Stephanie Holloway, our Director of Customs Operations for the Americas. Stephanie is going to get us started today.
Thank you, Steph. Thank you so much, Samantha.
Okay, let's dive in. Of course, the best slide of the whole show, the disclaimer. We are doing the best we can here. We are going to give you the best information we have, but just know that we are not lawyers. We are just customs brokers, which is a very noble profession. Here we go. I'm going to start us off with tariff and trade developments. We have not been light on those in the last month. In fact, it kind of blew up the whole system. I'm going to do the best I can to talk about those in a concise and meaningful way. I'm going to cover the ones that were recently implemented and then which are coming soon. Ted is going to talk about tariffs under legal challenges.
Of course, now the court system is right in the thick of tariffs, still dealing with IEEPA. He's going to touch a little bit more on the most recent cases that are popping up for the Section 301 forced labor. Brenda's going to really level set, this will be fun to hear from her, about our key trading partners and what is the status of our relationships with them, and what does that maybe look like. Then Madeline, everyone's favorite topic, enforcement. She'll touch on some CBP enforcement activity. Our favorite, the Trade Fraud Enforcement Guide that came out in the last couple of weeks, and then really give you some more information about that executive order. Let's dive in. When I was making this slide, it kind of cracked me up because I was like, oh, there's actually some space, I guess, for October.
We'll see what is in there. Since we last met, of course, the biggest headline was that Section 122 tariffs expired. Those expired on July 23rd and immediately were replaced at 12:01 on July 24th with the forced labor tariff. We're going to dive into those a little bit more because that has kind of dominated most of our worlds. However, at the same time, we've had some Section 232s coming on. We're going to be touching on the Canada Section 338s that were announced, and what that might entail for us. Then, of course, we always have this long tail of activity that we need to keep an eye on. Let's get going. Before I talk about all the things that have been going on, I just thought it would be really, I almost said fun. Fun's not the right word.
It would be good for all of us just to reset again. Samantha always reminds us, there are many new people coming into the industry all the time. Sometimes I listen to a sentence I say, and I think just 2 years ago, I wouldn't have understood what I was trying to get across. We have the 232s, the 201s, the 301s. All of these things, of course, are the legal basis of how the Trump administration is applying tariffs. This really helps you understand where these are coming from, how durable they are, how long-lasting they are, how long-lasting they are. How long would it take from a case being announced to tariffs potentially coming on? This is the key, right, to really understanding. This is kind of your guidebook of how to understand how tariffs might impact your business in the future.
This chart is actually from a Congressional Research Service paper. If you don't know who they are, they're a fantastic government group whose job is to do research for Congress people and present these reports in a very easy-to-read fashion. If you're new or if you're trying to get people in your organization to understand, this link is a great one to look at. The report, I think, is from April, so not too old, but it really highlights some of the main legal basis in how tariffs can come. The ones that I am going to focus on, of course, because actually we've had all of these in the last month come at us.
You can see here, of course, on 232, 201, and 301, if you look at this line that says, "Agency required to make findings," all of those ones have an agency that's tied to them that have to go do a report, and that's going to be important to know. It's the Section 122 and the 338s that can be very quick. There's no report needed. Always understanding that is really important. What has been happening? I resurrected this list, although tried to make it look cooler. Brenda informed me my font is too small, so just bear with me here. On the Section 232, this is listed in order of when these cases were initiated. Okay? You can see here, we've been checking down the list of the 232s. We have skipped over critical minerals, but pharmaceuticals went live.
The first part went live July 31st. They officially have closed the commercial aircraft one, and then we just got instructions last Friday, I think, for polysilicon, although it's planned for December 2026. If you're wondering when your case, if you have one of these and that's going to be highly impactful, you can kind of see what's happening here. Section 301. This is a little bit more all over the board, but there's a lot open, right? These are all ones that are formally open. If you Google "Section 301 open investigations," you'll see the page. They're all there. But we've had two of these go live in the last couple weeks. We had Brazil, and we had the forced labor one. Both of those just days apart. Then Section 201. Haven't seen an appearance of tariffs under that for a while.
I always say my fun fact is 201 was the original tariffs that came on during Trump 1.0. They were for washing machines and solar cells. There is your fun fact of the day. It is coming back to life with quartz surface products. That will be middle of August. It is actually a quota, so interesting twist. We have not seen that in a while. Then just in the last month or two, they also opened up a Section 201 on lamb meat. I am not quite sure the background on the lamb meat, but it is out there. Okay, so this is kind of an overall view. Let us look at what got implemented. Okay? I am going to hit. Usually we try to go a little deeper on this, but we kind of have to do an overall pass-by.
What I am going to try to hit is what are the key parts that are important? Because this kind of gives you the outline of how the Trump administration is looking at tariffs. Even if this directly does not impact you can see the writing on the walls. You can read between the lines to really see the patterns that are emerging. Section 301 Brazil. This was essentially the, what do you call it? The repeat of the IEEPA Brazil case. If you remember for Brazil, there was actually two IEEPA cases. There was the IEEPA reciprocal tariffs and an IEEPA Brazil specific. They stacked on top of each other. When IEEPA Brazil came on, they actually opened on the same day the Section 301 Brazil case. This started on July 22nd.
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