The U.S. District Court for the District of Columbia on May 27 heard arguments concerning the government's motion to transfer a case challenging International Emergency Economic Powers Act tariffs to the Court of International Trade and two importers' bid for a preliminary injunction against the tariffs. Judge Rudolph Contreras asked the government about what remedy the court could impose should it find for the plaintiffs and about the merits of the importers' claim that IEEPA doesn't provide for tariffs (Learning Resources, Inc. v. Donald J. Trump, D. D.C. # 25-01248).
The Court of International Trade on May 23 dismissed Wisconsin man Gary Barnes' case against the ability of the president to impose tariffs. Judge Jennifer Choe-Groves held that Barnes didn't have standing because he failed to claim that any harm he would suffer by tariffs imposed by President Donald Trump is "particularized" or "actual or imminent."
CBP has released its May 21 Customs Bulletin (Vol. 59, No. 21). While it contains no ruling notices, it includes four Court of International Trade slip opinions.
The Court of International Trade on May 21 held a second hearing in as many weeks on the legality of tariffs imposed under the International Emergency Economic Powers Act. The same three judges, Jane Restani, Gary Katzmann and Timothy Reif, pressed both the government and counsel for 12 U.S. states challenging all IEEPA tariff actions on whether the statute allows for tariff action, as well as whether the courts can review if the declared emergencies are "unusual and extraordinary" and the extent to which the case is guided by Yoshida International v. U.S. (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
The U.S. District Court for the Northern District of Florida on May 20 transferred a case challenging certain tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell largely rested his decision on Yoshida International v. U.S. -- the nearly 50-year-old decision sustaining President Richard Nixon's 10% duty surcharge imposed under the Trading With the Enemy Act, IEEPA's predecessor (Emily Ley Paper d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
The following lawsuits were filed at the Court of International Trade during the week of May 12-18:
Gibson Dunn brought a suit to the Court of International Trade on behalf of a small Michigan-based importer, Detroit Axle, to challenge President Donald Trump's revocation of the de minimis threshold for Chinese goods. The complaint, filed on May 16, argues that Trump exceeded his statutory authority in eliminating de minimis for goods from China and acted arbitrarily and capriciously in violation of the Administrative Procedure Act (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
CBP has released its May 14 Customs Bulletin (Vol. 59, No. 20). While it contains no ruling notices, it includes a Court of International Trade slip opinion.
A product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption, the Court of International Trade held on May 15. Judge Timothy Reif said the definition of "importation" found in both the dictionary and Supreme Court precedent distinguishes importation from entry.
The Court of International Trade on May 15 held that a product is "imported" for duty drawback purposes when it's admitted into a foreign trade zone and not when entered for domestic consumption. Judge Timothy Reif said the definition of "importation" found in both the dictionary and Supreme Court rulings distinguishes "importation" and "entry." The judge added that when Congress passed the current drawback statute, it specifically decided the five-year period to make a drawback claim runs from the date of importation and not the date of entry. As a result, the court dismissed importer King Maker Marketing's case challenging CBP's rejection of its substitution unused merchandise drawback claims for being untimely.