The lawsuit at the Court of International Trade challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs has been assigned to a three-judge panel. Judges Gary Katzmann, Timothy Reif and Jane Restani will hear the case, according to an order from CIT Chief Judge Mark Barnett (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).

The Trump-aligned America First Legal Foundation filed an amicus brief in importer Simplified's lawsuit against the International Emergency Economic Powers Act tariffs on China to support the government's motion to transfer the matter, currently before a Florida federal district court, to the Court of International Trade. The brief said the trade court's work is "important" but "hardly well known," making it unsurprising that some parties in IEEPA cases "have either not recognized how § 1581(i) applies to IEEPA, or have chosen not to press the matter" (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).

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).

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In an April 14 opinion, Court of International Trade Judge Timothy Reif remanded in part and sustained in part the Commerce Department’s final determination in its administrative review of the antidumping duty order on chlorinated isocyanurates from China. He upheld the department’s usual two-step surrogate selection process under Loper Bright, but he found that Commerce erred in its selection of comparable merchandise for chlorinated isos.

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).

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.

The Court of International Trade sustained the Commerce Department's decision on remand to adjust exporter Trina Solar Co.'s antidumping duty rate based on three programs the agency countervailed in a related countervailing duty review. Judge Claire Kelly said Commerce reasonably adjusted the rate for only three of the six countervailed subsidies after finding that only three are export contingent.

The conservative Liberty Justice Center brought a lawsuit on behalf of five importers to challenge the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority. The complaint, filed April 14 at the Court of International Trade, makes two claims: President Donald Trump's "reciprocal" tariffs exceed the president's statutory authority under IEEPA and, even if this statutory authority exists, it's an "unconstitutional delegation of legislative authority" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).

The Senate Finance Committee held a confirmation hearing on April 10 for William Kimmitt to serve as undersecretary of commerce for international trade. In this role, Kimmitt would lead the International Trade Administration, the wing of the Commerce Department tasked with enforcing antidumping and countervailing duty laws.