Members of the Blackfeet Nation tribe challenging the legality of tariffs issued under the International Emergency Economic Powers Act asked to intervene in the lead case on the issue a day after the Supreme Court decided to take up the matter. The Blackfeet Nation members said their claims "overlap" with the claims from the existing parties, though their case also raises questions about "fundamental constitutional principles and a unique body of federal Indian law" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 11-17, Aug. 18-24, Aug. 25-31 and Sept. 1-7:
The following lawsuit was filed recently at the Court of International Trade:
The U.S. Court of Appeals for the 9th Circuit refused to stay two cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. The U.S. asked for a stay in both appeals, one brought by the State of California and the other by members of the Blackfeet Nation indigenous tribe, following the government's request for the Supreme Court to review a separate case on the tariffs.
The Court of International Trade on Sept. 8 dismissed exporter Pipe & Piling Supplies' case against the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada, for lack of subject-matter jurisdiction. Judge Jane Restani said the company failed to notify the other interested parties of its lawsuit as required by the USMCA, as required by 19 U.S.C. 1516a(g)(3)(B), adding that this requirement is a jurisdictional one.
The Commerce Department reasonably used adverse facts available against antidumping duty respondent Corinth Pipeworks Pipe Industry for failing to remedy deficiencies in its cost reconciliation submission, the U.S. Court of Appeals for the Federal Circuit held on Sept. 8. Judges Jimmie Reyna, Richard Taranto and Leonard Stark also said Commerce wasn't required to provide Corinth with an opportunity to comment on the agency's analysis that led to the conclusion that the company's reported costs didn't reconcile with its financial accounting system.
The following lawsuit was filed recently at the Court of International Trade:
The Court of International Trade on Sept. 8 dismissed exporter Pipe & Piling Supplies' case against the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada, for lack of subject-matter jurisdiction. Judge Jane Restani said the company failed to notify the other interested parties of its lawsuit as required by the USMCA, as required by 19 U.S.C. 1516a(g)(3)(B), adding that this requirement is a jurisdictional one.
The U.S. asked the U.S. Court of Appeals for the 9th Circuit to stay two appeals on the legality of tariffs imposed under the International Emergency Economic Powers Act in light of the government's petition for writ of certiorari before the Supreme Court in a separate case on the tariffs. The U.S. said "it would be a waste of judicial resources for this Court to hear and decide this case before the Supreme Court has resolved the proceedings before it," in light of the "rapid schedule" proposed before the high court and the U.S. Court of Appeals for the Federal Circuit's recent "unanimous ruling on jurisdiction."
The Court of International Trade on Sept. 3 dropped two cases on the applicability of Section 301 exclusions from its customs case management calendar for lack of prosecution. Both cases were placed on the calendar and not removed from it at the expiration of the "applicable period of time of removal." One case, brought by Warby Parker, was brought to contest CBP's denial of its protest over whether Section 301 duties apply to its frames and lenses classified under Harmonized Tariff Schedule subheading 9004.90.0000 and secondary subheading 9903.88.15 (see 2303070024). The other case, filed by MTD Products, was filed to contest CBP's denial of its protest claiming its gasoline engines of HTS subheading 8407.90.1020, free of duty, and secondary subheading 9903.88.02, should be exempt from Section 301 duties under secondary subheading 9903.88.12 (see 2309130063) (Warby Parker v. U.S., CIT # 23-00042) (MTD Products v. U.S., CIT # 23-00184).