Ep. 32 – WITA’s Friday Exchange: Post IEEPA Tariffs Under Secs. 122, 232 & 301; Waiting on Refunds; and New Legal Challenges

Ep. 32 – WITA’s Friday Exchange: Post IEEPA Tariffs Under Secs. 122, 232 & 301; Waiting on Refunds; and New Legal Challenges

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Former Trade Negotiators Discuss This Week’s Tariff and Trade Developments.

No one understands the dynamics with key U.S. trading partners better than the people who led these kinds of difficult trade negotiations for the United States. Panelists will update our viewers on the trade policy announcements, what remains undone; and what are expected next steps in these trade negotiations.

In the latest episode of the Friday Exchange, our trade-insiders spoke about the fallout from the Supreme Court’s ruling that the International Economic Emergency Powers Act (IEEPA) does not allow the President to impose tariffs; whether there’s a “large and serious” balance of payments deficit problem in the U.S. that justifies new tariffs under Section 122 (versus a current account/trade deficit); whether U.S. Companies—large or small – will ever see refunds of tariffs paid under IEEPA; will Section 301 enable the President to unholster his magic tariff sharpie again; how are other countries reacting; and will all of this end up back in court?

Featured Speakers:

Joe Damond

Moderator

Non-resident Senior Associate

Center for Strategic and International Studies (CSIS) Southeast Asia Program

Joe Damond’s career spans more than 40 years in both the government and private sectors in Washington. He served 16 years as a trade official at the Department of Commerce and the Office of the United States Trade Representative, holding a diverse set of responsibilities across that time.

Most notably, Damond spent seven years as Deputy Assistant United States Trade Representative for Asia and the Pacific, where he was responsible for executing U.S. trade policy with Southeast Asia and the Asia-Pacific Economic Cooperation forum. He served as chief negotiator of bilateral trade agreements with Laos and Cambodia, as well as the historic Bilateral Trade Agreement with Vietnam, concluded in 2000, and also chaired the Asia-Pacific Economic Cooperation Committee on Trade and Investment.

Damond then spent more than 20 years in the private sector, holding senior positions in the pharmaceutical and biotechnology industries focused on international trade, health policy, and global government affairs, representing the sector during numerous bilateral and global trade agreements. For the past four years, he has worked as a consultant on healthcare and trade policy issues, representing both private sector and government clients with a focus on Asia and Europe.

Damond is the author of Give Trade a Chance: The Negotiation of the U.S.-Vietnam Bilateral Trade Agreement.

Joe Damond

Non-resident Senior Associate

Center for Strategic and International Studies (CSIS) Southeast Asia Program

Joe Damond’s career spans more than 40 years in both the government and private sectors in Washington. He served 16 years as a trade official at the Department of Commerce and the Office of the United States Trade Representative, holding a diverse set of responsibilities across that time.

Most notably, Damond spent seven years as Deputy Assistant United States Trade Representative for Asia and the Pacific, where he was responsible for executing U.S. trade policy with Southeast Asia and the Asia-Pacific Economic Cooperation forum. He served as chief negotiator of bilateral trade agreements with Laos and Cambodia, as well as the historic Bilateral Trade Agreement with Vietnam, concluded in 2000, and also chaired the Asia-Pacific Economic Cooperation Committee on Trade and Investment.

Damond then spent more than 20 years in the private sector, holding senior positions in the pharmaceutical and biotechnology industries focused on international trade, health policy, and global government affairs, representing the sector during numerous bilateral and global trade agreements. For the past four years, he has worked as a consultant on healthcare and trade policy issues, representing both private sector and government clients with a focus on Asia and Europe.

Damond is the author of Give Trade a Chance: The Negotiation of the U.S.-Vietnam Bilateral Trade Agreement.

Blake Harden

Managing Director; former Trade Counsel on the House Ways & Means Committee; and a former Senior Attorney in the Office of the Chief Counsel at US Customs and Border Protection

Washington Council Ernst & Young

Blake guides clients through trade policy complexities, helping them anticipate challenges and seize opportunities in a rapidly evolving global landscape.

Previously, Blake spent more than five years as vice president for international trade at a large trade association, where she developed and executed the organization’s trade strategy and advocacy efforts. Before that, she served as Trade Counsel for the House Ways and Means Committee, contributing to major legislative achievements and leading several bipartisan trade and customs bills. Earlier in her career, Blake spent a decade with U.S. Customs and Border Protection’s Office of Chief Counsel, advising on legal and regulatory issues.

Blake brings a collaborative approach to solving complex trade challenges, grounded in policy knowledge and trusted relationships built over nearly two decades of public service and advocacy.

Blake holds a BA from Michigan State University and a JD from the University of Detroit Mercy School of Law.

Blake Harden

Managing Director; former Trade Counsel on the House Ways & Means Committee; and a former Senior Attorney in the Office of the Chief Counsel at US Customs and Border Protection

Washington Council Ernst & Young

Blake guides clients through trade policy complexities, helping them anticipate challenges and seize opportunities in a rapidly evolving global landscape.

Previously, Blake spent more than five years as vice president for international trade at a large trade association, where she developed and executed the organization’s trade strategy and advocacy efforts. Before that, she served as Trade Counsel for the House Ways and Means Committee, contributing to major legislative achievements and leading several bipartisan trade and customs bills. Earlier in her career, Blake spent a decade with U.S. Customs and Border Protection’s Office of Chief Counsel, advising on legal and regulatory issues.

Blake brings a collaborative approach to solving complex trade challenges, grounded in policy knowledge and trusted relationships built over nearly two decades of public service and advocacy.

Blake holds a BA from Michigan State University and a JD from the University of Detroit Mercy School of Law.

Mark Linscott

Senior Advisor

The Asia Group; U.S.-India Strategic Partnership Forum; Atlantic Council

Mark Linscott is a Senior Advisor with the US India Strategic Partnership Forum (USISPF), leading efforts to advance US-India trade. He also serves as a Senior Advisor at The Asia Group and a Nonresident Senior Fellow with the Atlantic Council’s South Asia Center.

Previously, Linscott was Assistant U.S. Trade Representative (USTR) for South and Central Asian Affairs from December 2016 to December 2018, serving as the U.S. government lead in developing trade policy with countries across South and Central Asia. He led efforts in the bilateral Trade Policy Forum with India and in Trade and Investment Framework Agreements (TIFAs) with Central Asia, Bangladesh, Maldives, Nepal, Pakistan, and Sri Lanka.

From 2012 to 2016, Linscott served as Assistant U.S. Trade Representative for World Trade Organization (WTO) and Multilateral Affairs, coordinating U.S. trade policies in the WTO. He and his team led negotiations in the Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (TTIP) on customs matters, government procurement, subsidies and trade remedies, and technical barriers to trade, and he represented the United States in trade meetings of the G-20 and the OECD.

Linscott was Assistant U.S. Trade Representative for Environment and Natural Resources from October 2003 to March 2012, overseeing all trade and environment issues for USTR, including in free trade agreement negotiations such as the TPP and in the WTO and OECD. During this period, he developed a robust agenda on illegal logging and associated trade through Asia-Pacific Economic Cooperation (APEC) and bilateral agreements with Indonesia and China.

From 1996 to 2002, Linscott represented the United States at the U.S. Mission to the WTO in Geneva and was a founding member of the WTO Pension Fund Management Board. Prior to Geneva, he worked in the Office of WTO and Multilateral Affairs at USTR in Washington, where he concluded the Uruguay Round Government Procurement Agreement as the lead U.S. negotiator.

Linscott began his career at the Department of Commerce, serving from 1985 to 1988 in Import Administration and from 1988 to 1992 in the Office of Multilateral Affairs. He was awarded a Gold Medal Award, the Commerce Department’s highest honor, for his work on the 1986 Canadian softwood lumber investigation.

Linscott holds a BA in economics from the University of Virginia and a JD from Georgetown University Law Center. He and his wife, Karen, live in Washington, DC, where he tinkers on his café racer motorcycles and paddles on the Potomac.

Mark Linscott

Senior Advisor

The Asia Group; U.S.-India Strategic Partnership Forum; Atlantic Council

Mark Linscott is a Senior Advisor with the US India Strategic Partnership Forum (USISPF), leading efforts to advance US-India trade. He also serves as a Senior Advisor at The Asia Group and a Nonresident Senior Fellow with the Atlantic Council’s South Asia Center.

Previously, Linscott was Assistant U.S. Trade Representative (USTR) for South and Central Asian Affairs from December 2016 to December 2018, serving as the U.S. government lead in developing trade policy with countries across South and Central Asia. He led efforts in the bilateral Trade Policy Forum with India and in Trade and Investment Framework Agreements (TIFAs) with Central Asia, Bangladesh, Maldives, Nepal, Pakistan, and Sri Lanka.

From 2012 to 2016, Linscott served as Assistant U.S. Trade Representative for World Trade Organization (WTO) and Multilateral Affairs, coordinating U.S. trade policies in the WTO. He and his team led negotiations in the Trans-Pacific Partnership (TPP) and Trans-Atlantic Trade and Investment Partnership (TTIP) on customs matters, government procurement, subsidies and trade remedies, and technical barriers to trade, and he represented the United States in trade meetings of the G-20 and the OECD.

Linscott was Assistant U.S. Trade Representative for Environment and Natural Resources from October 2003 to March 2012, overseeing all trade and environment issues for USTR, including in free trade agreement negotiations such as the TPP and in the WTO and OECD. During this period, he developed a robust agenda on illegal logging and associated trade through Asia-Pacific Economic Cooperation (APEC) and bilateral agreements with Indonesia and China.

From 1996 to 2002, Linscott represented the United States at the U.S. Mission to the WTO in Geneva and was a founding member of the WTO Pension Fund Management Board. Prior to Geneva, he worked in the Office of WTO and Multilateral Affairs at USTR in Washington, where he concluded the Uruguay Round Government Procurement Agreement as the lead U.S. negotiator.

Linscott began his career at the Department of Commerce, serving from 1985 to 1988 in Import Administration and from 1988 to 1992 in the Office of Multilateral Affairs. He was awarded a Gold Medal Award, the Commerce Department’s highest honor, for his work on the 1986 Canadian softwood lumber investigation.

Linscott holds a BA in economics from the University of Virginia and a JD from Georgetown University Law Center. He and his wife, Karen, live in Washington, DC, where he tinkers on his café racer motorcycles and paddles on the Potomac.

Chris Padilla

Senior Advisor

Brunswick Group

Christopher Padilla is a Senior Advisor based in Brunswick’s Washington, DC office. He brings senior experience from decades spent in government policy and corporate roles, and practical perspective from his time as a supply chain practitioner. He has championed advocacy efforts on trade, tariffs, and tax policy at the highest levels of government worldwide.

Previously, Padilla led global government and regulatory affairs for IBM Corporation for 15 years. He oversaw a team of advocacy professionals in 36 countries, and trade and sanctions compliance for IBM’s global operations.

Before IBM, Padilla held senior roles in the Commerce Department. The President twice appointed him to Senate-confirmed positions, as Under Secretary of Commerce for International Trade, and as Assistant Secretary of Commerce for Export Administration. He also held roles as an Assistant United States Trade Representative, a Senior Advisor at the Department of State, and as a member of the Congressional-Executive Commission on China.

Earlier, he spent 15 years in marketing, business development, and international trade relations roles at AT&T and Eastman Kodak Company. He holds a B.A. and M.A. in international economics from Johns Hopkins University.

Chris Padilla

Senior Advisor

Brunswick Group

Christopher Padilla is a Senior Advisor based in Brunswick’s Washington, DC office. He brings senior experience from decades spent in government policy and corporate roles, and practical perspective from his time as a supply chain practitioner. He has championed advocacy efforts on trade, tariffs, and tax policy at the highest levels of government worldwide.

Previously, Padilla led global government and regulatory affairs for IBM Corporation for 15 years. He oversaw a team of advocacy professionals in 36 countries, and trade and sanctions compliance for IBM’s global operations.

Before IBM, Padilla held senior roles in the Commerce Department. The President twice appointed him to Senate-confirmed positions, as Under Secretary of Commerce for International Trade, and as Assistant Secretary of Commerce for Export Administration. He also held roles as an Assistant United States Trade Representative, a Senior Advisor at the Department of State, and as a member of the Congressional-Executive Commission on China.

Earlier, he spent 15 years in marketing, business development, and international trade relations roles at AT&T and Eastman Kodak Company. He holds a B.A. and M.A. in international economics from Johns Hopkins University.

FEATURED AUDIO

February 26, 2026

Post IEEPA Tariffs Under Secs. 122, 232 & 301; Waiting on Refunds; and New Legal Challenges

00:00 / 00:00

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