Conservative advocacy group New Civil Liberties Alliance filed a motion for judgment and opposed motions to stay and transfer its newest case, brought before the U.S. District Court for the Western District of Texas on behalf of outdoor cooking products maker FireDisc and other importers to challenge President Donald Trump’s International Emergency Economic Powers Act tariffs (FIREDISC, Inc. v. Donald J. Trump, W.D. Tex. # 25-01134).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Customs Rulings Online Search System (CROSS) was updated on Aug. 5-7 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The following lawsuit was filed recently at the Court of International Trade:
The U.S. told the U.S. Court of Appeals for the Federal Circuit on Aug. 11 that stripping the president of his authority to impose tariffs under the International Emergency Economic Powers Act would lead to "ruinous" economic consequences in light of the trade deals reached with the EU, Indonesia, the Philippines, Japan and the U.K. (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1813).
The following lawsuits were filed recently at the Court of International Trade:
The U.S. District Court for the Western District of Washington on Aug. 7 largely kept alive a case from importer Eteros Technologies USA and its CEO Aaron McKellar against CBP for allegedly retaliating against the company for winning a customs case at the Court of International Trade. Judge Kymberly Evanson said the court has jurisdiction to review the revocation of McKellar's NEXUS membership, which lets pre-screened travelers accelerate their entrance into the U.S., and that the case isn't mooted by CBP's vacatur of an order banning McKellar from entering the U.S. for five years (Eteros Technologies USA v. United States, W.D. Wash. # 2:25-00181).
The Committee on Foreign Investment in the U.S. last year nearly doubled its site visits and opened multiple investigations on possible filing violations stemming from voluntary disclosures, CFIUS said in its annual report released this week.
The following lawsuit was filed recently at the Court of International Trade:
A group of exporters, led by Hangzhou Five Star Aluminum, filed a stipulation of dismissal at the Court of International Trade on Aug. 6 in their case against the Commerce Department's administrative review of the countervailing duty order on aluminum foil from China for the 2022 review period. The companies brought the case to contest Commerce's use of UNComtrade data as the benchmark for assessing the adequacy of remuneration for the provision of aluminum ingot. The exporters also challenged the use of adverse facts available in relation to the respondents' alleged use of China's Export Buyer's Credit Program. Counsel for the companies didn't immediately respond to a request for comment (Hangzhou Five Star Aluminum v. United States, CIT # 24-00231).