Importer Eteros Technologies USA last week defended the notion that the Court of International Trade has jurisdiction to hear the company's case alleging that CBP illegally retaliated against the company for its success before the trade court. Eteros said CBP's claimed basis for taking the allegedly retaliatory action against Eteros and its executives, that the company is "aiding and abetting narcotics trafficking," is "factually baseless" and "legally impermissible" in light of the trade court's ruling in Eteros' past case before CIT (Eteros Technologies USA v. United States, CIT # 25-00036).

Litigants in the appeal before the U.S. Court of Appeals for the Federal Circuit on tariff action taken under the International Emergency Economic Powers Act filed a proposed briefing schedule before the appellate court that would conclude briefing by July 18 (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).

The U.S. Court of Appeals for the Federal Circuit on June 11 stayed the Court of International Trade's directives in two cases concerning the International Trade Commission's redaction of certain business proprietary information. In addition, the appellate court designated the lawsuits as "companion cases" to be heard by the same merits panel and appointed Alex Moss, executive director at the Public Interest Patent Law Institute, to be amicus counsel to defend the trade court's rulings (In Re United States, Fed. Cir. #s 24-1566, 25-127).

The Court of International Trade on June 11 held that the government's claim for unpaid duties against a surety company on an entry liquidated in 2009 violates both the statute of limitations for seeking payment and an implied requirement in the bond that demand for payment be made in a reasonable time.

The U.S. Court of Appeals for the Federal Circuit's stay of the Court of International Trade decision vacating all International Emergency Economic Powers Act tariff action likely doesn't signal a win for either side on the merits of the issue, various attorneys told us. In addition, the court's move to set a July 31 oral argument date and have all active judges hear the case indicates a decision will likely be issued in August, the attorneys said.

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As the U.S. Court of Appeals for the Federal Circuit mulls the government's emergency stay motion against a Court of International Trade decision permanently enjoining tariffs issued under the International Emergency Economic Powers Act, five different groups of amici filed briefs at the appellate court either attacking or defending the trade court's ruling.

The parties contesting the government's emergency stay motion at the U.S. Court of Appeals for the Federal Circuit of the Court of International Trade's ruling on the president's use of the International Emergency Economic Powers Act tariffs "mischaracterize" statements made by administration officials on the effect of the CIT's ruling, the U.S. said. Responding to claims from 12 U.S. states and a group of importers, the government argued that the trade court's injunction against the IEEPA tariffs is "legally untenable and risks irreparable economic and national-security harms" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).

The U.S. Court of Appeals for the Federal Circuit on June 10 stayed the Court of International Trade's decision vacating all of President Donald Trump's executive orders implementing tariffs under the International Emergency Economic Powers Act, pending the government's appeal of the case. In a per curium order, all CAFC judges in regular active service merely said "a stay is warranted under the circumstances" (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).

In a decision made public June 6, the Court of International Trade remanded the Commerce Department’s 2019-20 antidumping review of Chinese solar cells so the department could rework its valuation of an input, solar glass, and its adverse facts available calculation.