The state of California opened a lawsuit in the District Court for the Northern District of California on April 16 against President Donald Trump's ability to use the International Emergency Economic Powers Act to impose tariffs. The two-count complaint claims that Trump acted beyond his statutory authority granted by IEEPA to impose the "reciprocal" tariffs and the tariffs on China, Canada and Mexico, and that Trump's tariff actions usurp legislative authority in violation of the U.S. Constitution (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The U.S. Court of Appeals for the Federal Circuit on April 14 denied court-appointed amicus Andrew Dhuey access to confidential filings in an appeal on the International Trade Commission's treatment of business proprietary information. Judge Evan Wallach said Dhuey "has not shown" that access to this information is "necessary for him to file his proposed amicus brief." The judge said the motion is "denied without prejudice to Mr. Dhuey raising arguments" on "why access to particular confidential information cited in the United States’ brief is needed to assist the court" (In Re United States, Fed. Cir. # 24-1566).
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The U.S. filed motions to transfer the two cases challenging the use of the International Emergency Economic Powers Act filed in federal district courts to the Court of International Trade. In both cases, the government said the trade court has exclusive jurisdiction over the claims raised by both lawsuits, since they "arise out of laws providing for tariffs or the administration or enforcement of those laws" (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464) (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
The state of California opened a lawsuit in the District Court for the Northern District of California on April 16 against President Donald Trump's ability to use the International Emergency Economic Powers Act to impose tariffs. The two-count complaint claims that Trump acted beyond his statutory authority granted by IEEPA to impose the "reciprocal" tariffs and the tariffs on China, Canada and Mexico, and that Trump's tariff actions usurp legislative authority in violation of the U.S. Constitution (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
Five importers challenging the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority plan to file a motion for a preliminary injunction in the coming days, counsel for the companies told us. Jeffrey Schwab, senior counsel at the Liberty Justice Center, said the PI bid will request an injunction on the collection of all tariffs issued under the IEEPA.
An exemption for goods in transit from the reciprocal tariffs that recently took effect applies not only to ocean vessels, but to air and truck shipments as well, according to Jeff McCauley, senior director of operations and compliance at DHL Global Forwarding.
The following lawsuit was filed recently at the Court of International Trade:
Petitioner Nucor filed an opening brief in the U.S. Court of Appeals for the Federal Circuit on April 7 challenging a trade court ruling that favored exporter KG Dongbu Steel, the mandatory respondent in a 2019 countervailing duty administrative review on corrosion-resistant steel products from Korea. It said the Commerce Department had “plainly satisfied” the legal standard for changing its position from one review to another (Nucor Corp. v. KG Dongbu Steel Co., Fed. Cir. # 25-1411).
Five importers challenging the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority plan to file a motion for a preliminary injunction in the coming days, counsel for the companies told us. Jeffrey Schwab, senior counsel at the Liberty Justice Center, said the PI bid will request an injunction on the collection of all tariffs issued under the IEEPA.