Florida Court Sends IEEPA Tariffs Case to CIT
The District Court for Northern Florida on May 20 transferred a case challenging tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell said Yoshida International v. U.S. controls the question…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
of whether IEEPA allows for the imposition of tariffs. In that case, an appellate court said the Trading With the Enemy Act, IEEPA's predecessor, includes the power to impose tariffs, since the power to "regulate" necessarily includes the power to impose duties. Wetherell said he sees "no reason why" the Yoshida court's reasoning "would not apply to IEEPA because the operative language of IEEPA is identical to the operative language in TWEA." However, the judge said his holding shouldn't affect the merits of the case, adding that it will be up to the trade court to determine what effect the "jurisdictional determination that IEEPA" provides for tariffs "impacts the merits of Plaintiffs' claims."