"The statute bestows significant authority on the President to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax," the US Court of Appeals for the Federal Circuit said. The court, however, also said the tariffs could remain in place until October 14, to allow the government to appeal the ruling to the Supreme Court.
Secondary sanctions go a step further and extend to third-party countries, companies or individuals that do business with sanctioned parties. Even though these third-party entities aren't directly bound by the sanctioning country's laws, they are pressured to comply or face consequences should they do business in the sanctioning country.
The order states that the de minimis exemption will no longer apply 'regardless of value, country of origin, mode of transportation or method of entry' meaning all shipments will be subject to 'all applicable duties, taxes, fees, exactions and charges'.