Mollie Sitkowski Provides Insights on Key International Trade Developments for Law360 Midyear Report

Faegre Drinker partner Mollie Sitkowski spoke with Law360 for a midyear report examining the most significant international trade developments of 2026, including the continuing fallout from the U.S. Supreme Court's decision striking down tariffs imposed under the International Emergency Economic Powers Act (IEEPA).

Sitkowski discussed the U.S. Customs and Border Protection's Consolidated Administration and Processing of Entries (CAPE) system, which is being used to process tariff refunds. "CAPE is much easier than I thought it would be," Sitkowski said, while noting that importers have encountered recurring technical issues during the refund process. She also highlighted ongoing uncertainty surrounding legal challenges over refund eligibility.

Additionally, Sitkowski addressed the uncertainty created by temporary tariffs imposed under Section 122 of the Trade Act of 1974 and the potential consequences if those duties are ultimately overturned. "It's basically like we're Sisyphus, and we're going to live everything that we're doing right now again next spring, maybe, if the Section 122 tariffs are overturned," she said.

The article also highlighted Sitkowski's insights on the practical challenges businesses face as trade policies continue to evolve, including anticipated Section 301 tariffs and proposed pharmaceutical tariffs. Discussing efforts to shift pharmaceutical production to the United States, she noted that companies face significant regulatory hurdles when changing supply chains, explaining that FDA approval requirements make manufacturers "much less nimble" than many other importers.