US Opposes Lifting Stay on Case Challenging End of de Minimis
The U.S. on Sept. 24 opposed a company’s motion to resume its case challenging the end of de minimis, arguing that the case still raises the same legal questions as V.O.S. Selections vs. U.S. despite a new executive order officially rescinding de minimis globally (Axle of Dearborn d/b/a Detroit Axle v. United States, CIT # 25-00091).
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Tire importer Detroit Axle’s suit was stayed pending the Court of International Trade’s decision in V.O.S. Selections, the lead case challenging President Donald Trump’s International Emergency Economic Powers Act reciprocal tariffs.
Detroit Axle’s case initially challenged Trump’s ability to eliminate the de minimis threshold on goods from China (see 2507280030). But after Trump’s recent executive order eliminated the threshold globally, the importer asked for the stay to be dissolved, saying plaintiff success in V.O.S. Selections wouldn’t necessarily grant it the relief it is seeking (see 2509080062).
The U.S. disagreed, saying Axle is still challenging executive orders 14195, 14200 and 14256 and that “its arguments continue to be intertwined with the arguments presented in V.O.S.”
V.O.S. Selections “is far from settled,” it said. Regardless of whether he was ending the de minimis exception for China alone or globally, the president relied on authority from IEEPA, it claimed, and V.O.S. will be “instructive” on that point.
And lifting the stay, it said, would result in “piecemeal litigation.” It noted that the Supreme Court will soon be hearing V.O.S. after “highly expedited briefing currently in progress,” and it said that the high court’s decision would result in “additional briefing” if Detroit Axle’s case is active, too.