CIT Denies Injunctive Relief Against End of de Minimis for Chinese Products
The Court of International Trade on July 28 denied importer Detroit Axle's motion for a preliminary injunction against President Donald Trump's decision to end the de minimis threshold on goods from China, which was made under the International Emergency Economic Powers Act. Judges Gary Katzmann, Timothy Reif and Jane Restani said they already have granted all the relief the importer is seeking, though the U.S. Court of Appeals for the Federal Circuit stayed that relief.
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In the lead case on Trump's tariffs imposed under IEEPA, the trade court vacated the executive orders implementing the tariffs (see 2505280068). The same three judges, Katzmann, Reif and Restani, held that the EOs implementing tariffs on China and eliminating the de minimis threshold for goods from China exceeded the president's authority. Specifically, the judges said the tariffs, which were imposed to combat the flow of fentanyl, didn't properly "deal with" the declared emergency, since IEEPA can't be used purely to create leverage over another country.
The Federal Circuit stayed this ruling pending appeal (see 2506100076).
Separately, Detroit Axle filed suit solely to challenge the end of the de minimis threshold for Chinese products, arguing that the president can't eliminate the de minimis threshold via IEEPA (see 2505190050). The importer filed a motion for a preliminary injunction against the move, claiming that if Trump wanted to end the threshold, he had to do it through notice-and-comment rulemaking.
The trade court rejected the preliminary injunction motion, finding that the company "cannot succeed in obtaining the relief it seeks," since CIT already granted the sought-after relief, and the Federal Circuit stayed it. "We will not grant redundant, contingent relief through a preliminary injunction here," the court said.
(Axle of Dearborn d/b/a Detroit Axle v. United States, Slip Op. 25-96, CIT # 25-00091, dated 07/28/25; Judges: Gary Katzmann, Timothy Reif and Jane Restani; Attorneys: Thomas Dupree of Gibson Dunn for plaintiff Detroit Axle; Sarah Welch for defendant U.S. government)