Overview
- Four U.S. subsidiaries of BYD filed the complaint in late January at the U.S. Court of International Trade in New York, naming the federal government and senior officials at DHS, CBP, USTR and Treasury as defendants.
- BYD argues the International Emergency Economic Powers Act does not authorize tariffs, noting the statute does not use the word “tariff” or an equivalent term.
- The suit seeks to invalidate the executive orders that imposed duties on Chinese electric vehicles and to recover collected tariffs with interest.
- Tariffs on Chinese EVs were lifted from 100% under the Biden administration to 135% under President Trump, intensifying the trade dispute.
- Trade representative Jamieson Greer said the case could take time to resolve and potentially redefine the tariff regime, and industry outlets report that a BYD win could enable lower‑duty imports from its Brazil plants and revive a paused Mexico factory plan.