Plastic News Quotes Jonathan Todd on Navigating Post‑Ruling Tariff Risks for Plastics Manufacturers

Benesch Partner Jonathan Todd was quoted in a recent Plastics News article, “Tariff turmoil continues for plastics manufacturing, trade attorney says.”

The article examines how the U.S. Supreme Court’s decision to strike down tariffs imposed under the International Emergency Economic Powers Act (IEEPA) does not eliminate tariff exposure for plastics manufacturers. Instead, the ruling shifts tariff authority to other mechanisms, including a new 15% surcharge imposed under Section 122 of the Trade Act of 1974. The piece explores ongoing uncertainty for plastics processors, potential refund issues around IEEPA-based tariffs, rising compliance risks, and the importance of accurate classification, country-of-origin determinations and long‑term tariff planning.

Jonathan emphasizes that while the Supreme Court ruling is significant, its impact is narrower than many believe. He notes that only IEEPA-based tariffs were invalidated, while all other tariff programs remain in effect. Jonathan warns that new surcharges under Section 122, along with the possibility of future duty programs, mean plastics manufacturers still face substantial tariff risk. He also cautions against assuming automatic refunds, stresses the urgency of compliance amid increased enforcement, and advises companies to take proactive steps to protect margins and avoid penalties.

More: Tariff turmoil continues for plastics manufacturing, trade attorney says – Plastics News