The following lawsuits were filed at the Court of International Trade during the week of March 23-29:
The American Institute for International Steel has filed an appeal to the Supreme Court in its challenge to the constitutionality of Section 232 tariffs. The petition for certiorari asks, “Is section 232 facially unconstitutional on the ground that it lacks any boundaries that confine the President’s discretion to impose tariffs on imported goods and, therefore, constitutes an improper delegation of legislative authority and a violation of the principle of separation of powers established by the Constitution?” If the case succeeds, “it would preclude the President from relying on section 232 at all,” the brief says. The Court of International Trade and U.S. Court of Appeals for the Federal Circuit both ruled that Supreme Court precedent from the 1970s requires a finding that the tariffs are constitutional (see 2002280058). AIIS hopes to get a decision on whether the Supreme Court will hear the case by the court’s summer recess, said its lawyer, Alan Morrison of George Washington University Law School.
CBP will no longer take requests to defer payments of customs duties, and payments of previously deferred duties must be “initiated” by March 27, the agency said in a CSMS message. “Single payments, daily and periodic monthly statement payments of estimated duties, taxes and fees that should have been tendered from 3/20/2020 through 3/26/2020, must be initiated by 3/27/2020,” it said. “If a trade member did not pay CBP for estimated duties, taxes and fees due 3/20/2020 through 3/26/2020, payment should be initiated via FedWire or ACH credit by 3/27/2020.”
The following lawsuits were filed at the Court of International Trade during the week of March 16-22:
The following lawsuits were filed at the Court of International Trade during the week of March 9-15:
An importer of Indian citric acid subjected to antidumping and countervailing duties on China must challenge the tariffs by way of a protest or a scope ruling, and can’t directly file a lawsuit alleging CBP did not follow the proper procedures in determining dutiability, the Court of International Trade said in a March 16 decision dismissing TR International’s lawsuit on jurisdictional grounds.
International Trade Today is providing readers with some of the top stories for March 9-13 in case they were missed.
The Court of International Trade will hear the recent series of lawsuits challenging Section 232 tariffs on steel and aluminum derivatives as a three-judge panel, according to multiple people familiar with the cases. Though the court’s case management system was down as of press time for an IT upgrade, the panel will apparently decide the similar cases filed in recent weeks by PrimeSource, Oman Fasteners, Huttig, Astrotech, Trinity, New Supplies, Aslanbas, J. Conrad, Metropolitan Staple, and 10 companies including SouthernCarlson (see 2003030048).
CBP posted two new final determinations of duty evasion under the Enforce and Protect Act, finding that there was sufficient evidence that a garlic importer and a group of pipe fittings importers illegally avoided antidumping duties. The garlic importer, IPC International, was under investigation following an allegation filed by the Fresh Garlic Producers Association (see 1909120040). Multiple importers of carbon steel butt-weld (CSBW) pipe fittings were under investigation due to an allegation from Allied Group (see 1907190028). Both determinations were posted by CBP on March 9.
The following lawsuits were filed at the Court of International Trade during the week of March 2-8: