The National Marine Fisheries Service still expects Jan. 1 to be the start date for the agency requiring certifications of admissibility (COA) from companies importing fish and fish products from certain countries that may have U.S.-imposed import restrictions, officials said on a Dec. 16 webinar on the issue.
The Court of International Trade's recent decision finding that no protests are needed to file suit under Section 1581(i) seeking refunds from tariffs imposed under the International Emergency Economic Powers Act "applies solely to pending court cases at this time," said attorneys at Grunfeld Desiderio. Protests may have to be filed if the Supreme Court strikes down the tariffs and CBP has not taken other steps to effect relief.
The Court of International Trade denied a group of importers' motion for a preliminary injunction against liquidation of their entries subject to tariffs imposed under the International Emergency Economic Powers Act on the basis that the trade court has the power to order reliquidation of the entries if the Supreme Court strikes down the IEEPA tariffs.
The Court of International Trade on Dec. 15 denied a motion for an injunction stopping liquidation of entries from a group of importers that filed challenges to International Emergency Economic Powers Act tariffs. Judges Gary Katzmann, Timothy Reif and Jane Restani held that an injunction is unnecessary because the trade court has the authority to reliquidate finally liquidated entries from the importers that filed suit under the court's 28 U.S.C. 1581(i) jurisdiction if the Supreme Court invalidates the tariffs. The judges also noted the government's commitment that it won't fight against CIT's ability to order refunds, finding the U.S. is barred from changing its position in the future.
The Court of International Trade on Dec. 12 denied the government's motion for reconsideration of the trade court's previous decision to vacate CBP's finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor. Although Judge Timothy Reif said he made a mistake of fact in the initial decision, the mistake was a "harmless error," and that no mistake of law was made.
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.
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.