The Court of International Trade on May 28 vacated and permanently enjoined all tariffs so far issued by President Donald Trump under the International Emergency Economic Powers Act. Judges Gary Katzmann, Timothy Reif and Jane Restani held that the reciprocal tariffs and the tariffs on China, Canada and Mexico, which were imposed to address the flow of fentanyl, fall outside the authority IEEPA grants to the president.
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The Court of International Trade on May 23 assigned a case challenging the elimination of the de minimis threshold on goods from China to Judges Gary Katzmann, Timothy Reif and Jane Restani. The court has assigned these same three judges to all cases challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs.
Importer Detroit Axle on May 21 moved the Court of International Trade for a preliminary injunction and summary judgment against President Donald Trump's elimination of the de minimis exemption for Chinese goods and tariffs on Chinese products. In its motion, the importer argued that it's likely to succeed on the merits of its case, which outlines two bases for finding Trump's actions unlawful: that the president exceeded his statutory authority in ending de minimis for China, and that the agency actions implementing the order are arbitrary and capricious in violation of the Administrative Procedure Act (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The following lawsuit was filed recently at the Court of International Trade:
Gibson Dunn brought a suit to the Court of International Trade on behalf of a small Michigan-based importer, Detroit Axle, to challenge President Donald Trump's revocation of the de minimis threshold for Chinese goods. The complaint, filed on May 16, argues that Trump exceeded his statutory authority in eliminating de minimis for goods from China and acted arbitrarily and capriciously in violation of the Administrative Procedure Act (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Lumber exporter Fontaine asked the Court of International Trade to order the Commerce Department to issue a Timken notice "setting Fontaine's cash deposit rate at 0.00%," reiterating the agency's intent to exclude the company from the countervailing duty order on softwood lumber from Canada and directing CBP to refund Fontaine's CVD cash deposits (Fontaine v. United States, CIT # 19-00154).
To date, no major lawsuits challenging any of the new tariff actions taken by President Donald Trump have been filed. The reasons for that include high legal hurdles to success and inconsistency in the implementation of the tariffs, trade lawyers told us.
Exporter Bridgestone Americas Tires opposed March 25 the U.S. motion to consolidate two cases regarding the antidumping duty investigation on truck and bus tires from Thailand (see 2503060053) (Bridgestone Americas Tire Operations v. United States, CIT # 24-00263).