Exporter Kaptan Demir Celik Endustrisi ve Ticaret moved the Court of International Trade on Nov. 6 for a preliminary injunction in its case on the 2022 administrative review of the countervailing duty order on steel concrete reinforcing bar from Turkey. The motion only noted it had the partial consent from the government, since DOJ can't consult with the Commerce Department on the motion until the federal government reopens. Kaptan filed its case last month to contest Commerce's selection of a benchmark to value a subsidized lease provided to Kaptan's affiliate, Nur Gemicilik, in the review (see 2510140030) (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, CIT # 25-00225).
There are probably five justices who will find that the reciprocal tariffs were not permissible under the International Emergency Economic Powers Act that the president used to impose them, according to Georgetown University Law Center Professor Marty Lederman. Lederman, a senior fellow in the Supreme Court Institute at Georgetown, was one of two guests on the weekly Washington International Trade Association podcast that aired Nov. 7.
The following lawsuit was filed recently at the Court of International Trade:
There are probably five justices who will find that the reciprocal tariffs were not permissible under the International Emergency Economic Powers Act that the president used to impose them, according to Georgetown University Law Center Professor Marty Lederman. Lederman, a senior fellow in the Supreme Court Institute at Georgetown, was one of two guests on the weekly Washington International Trade Association podcast that aired Nov. 7.
Three new lawsuits were filed at the Court of International Trade Nov. 6 on the legality of President Donald Trump's use of the International Emergency Economic Powers Act as his authority to impose tariffs, on the day after the Supreme Court appeared skeptical about the validity of such tariffs. One suit was filed by three importers, led by Del Monte Fresh Produce and represented by customs lawyer Myron Barlow; another was filed by importer Turn5, represented by Crowell & Moring; and a third was filed by importer Netuno USA by trade lawyer Vinicius Adam (Del Monte Fresh Produce v. United States, CIT # 25-00244) (Netuno USA v. Donald J. Trump, CIT # 25-00245) (Turn5 v. U.S. Customs and Border Protection, CIT # 25-00246).
The Court of International Trade on Nov. 4 granted importer Camel Energy's motion to expedite its case against CBP's detention of two of its battery entries. Judge Claire Kelly, who was assigned to the case on Oct. 29, granted the motion to expedite and said that Camel Energy "may file a proposed briefing schedule" along with a "brief statement of reasons as to why this expedited timeframe is necessary" by Nov. 5 at 4 p.m. ET (Camel Energy v. United States, CIT # 25-00230).
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NEW YORK -- Geodis Vice President Ed Fitzgerald and Maytee Pereira, Customs and International Trade co-leader at PwC, told trade compliance professionals that CBP scrutiny is getting stricter.
The first class-action lawsuit against the president’s International Emergency Economic Powers Act tariffs was filed Nov. 4 at the U.S. District Court for the District of Columbia (Smirk & Dagger Games v. Donald J. Trump, D.D.C. # 1:25-03857).
Two Trump appointees, along with the three liberal justices, had sharp questions for the Trump administration's advocate as the Supreme Court held a nearly three-hour hearing on the constitutionality of tariffs imposed around the world under the International Emergency Economic Powers Act.