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Five importers challenging the tariffs imposed under the International Emergency Economic Powers Act told the U.S. Court of Appeals for the Federal Circuit that the government's defense of the tariffs' legality falls short. The importers, represented by the conservative advocacy group Liberty Justice Center, argued that IEEPA categorically doesn't provide for tariffs, IEEPA is precluded from being used to address trade deficits due to the existence of Section 122, and the Court of International Trade was right to issue an injunction against the tariffs (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).

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The U.S. opposed two importers' bid to have the Supreme Court hear their challenge to the president's ability to impose tariffs under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit has a chance to hear the case. The government argued that the high court shouldn't step in before either the D.C. Circuit or the U.S. Court of Appeals for the Federal Circuit has had a chance to address the claims against the IEEPA tariffs, particularly since both courts are hearing the appeals on very expedited timelines (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).

The U.S. opened a customs penalty suit against surety company XL Specialty Insurance on July 17, seeking over $3.6 million in unpaid duties and interested owed on customs bonds. The government said XL "materially breached the terms of the subject bonds" by refusing to pay following CBP's demand for payment (United States v. XL Specialty Insurance, CIT # 25-00154).

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July 17, 2025
Correction

Ted Posner, former assistant general counsel for international affairs at the Treasury Department, has joined Baker Botts as a partner in the international trade practice, the firm announced. Posner joined Treasury in October 2020, where he led a group of Treasury attorneys in advising agency officials on issues ranging from investment security to trade (see 2507150010).

Former Treasury Assistant General Counsel Joins Baker Botts

Ted Posner, former assistant general counsel for international affairs at the Treasury Department, has joined Baker Botts as a partner in the international trade practice, the firm announced. Posner joined Treasury in October 2020, advising various agency officials on issues ranging from investment security to trade, Baker Botts said. Prior to joining Treasury, Posner worked as a partner at Weil Gotshal for eight years and at Crowell & Moring for three years.

OFAC Attorney-Adviser Leaves Agency for Law Firm

James Treanor, former attorney-adviser in the Office of Foreign Assets Control's chief counsel's office, has joined Akin as a senior counsel, he announced on LinkedIn. Treanor will help clients with international trade and national security-related regulatory and enforcement issues, including those related to sanctions and export controls. He left OFAC in June.

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