CBP has released its Nov. 26 Customs Bulletin (Vol. 59, No. 41), which includes the following ruling action:
As lawsuits seeking refunds of International Emergency Economic Powers Act tariffs at the Court of International Trade continue to mount, lawyers remain uncertain of the refund process that would be followed should the Supreme Court strike down the tariffs, including whether refunds will come via judicial or administrative pathways.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
CBP improperly denied importer Software Brokers of America, doing business as Intcomex, the temporary exclusion from International Emergency Economic Powers Act tariffs on China for in-transit merchandise, the importer argued in a Dec. 5 complaint at the Court of International Trade (Software Brokers of America d/b/a Intcomex v. United States, CIT # 25-00381).
Plaintiffs in the massive Section 301 litigation "have every intention" to appeal their case challenging the lists 3 and 4A Section 301 tariffs on China to the Supreme Court, Matt Nicely, lead counsel for the companies, told the Court of International Trade during a Nov. 4 status conference.
Trade lawyers are split over the necessity of filing lawsuits now to secure potential International Emergency Economic Powers Act tariff refunds should the Supreme Court invalidate them, according to interviews with lawyers.
The Court of International Trade erred in ruling that importer Blue Sky The Color of Imagination's planning calendars are diaries under Harmonized Tariff Schedule subheading 4820.10.2010, the U.S. Court of Appeals for the Federal Circuit held on Dec. 4. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by skirting the CAFC's prior interpretation of the term "diary."
CBP has released two Customs Bulletins, one for Nov. 5 (Vol. 59, No. 45) and one for Nov. 12 (Vol. 59, No. 46). Neither contains any rulings. However, there are Court of International Trade slip opinions: five in the Nov. 5 bulletin and one in the Nov. 12 bulletin.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 24-30:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.