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).
The government withdrew its emergency stay motion at the U.S. Court of Appeals for the D.C. Circuit on June 3 after the U.S. District Court for the District of Columbia stayed its decision finding that the International Emergency Economic Powers Act doesn't provide for tariffs pending the government's appeal of the decision (see 2506030048). The U.S. said Judge Rudolph Contreras' decision staying his judgment "renders moot the government's motion in this Court for a stay pending appeal. The government is also seeking an emergency stay of the Court of International Trade's decision vacating the executive orders implementing tariffs under IEEPA before the U.S. Court of Appeals for the Federal Circuit, though CAFC has issued an administrative stay while it mulls the emergency stay bid (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The U.S. Court of Appeals for the Federal Circuit on June 10 stayed the Court of International Trade's permanent injunction on all of President Donald Trump's executive orders implementing tariffs under the International Emergency Economic Powers Act pending the appeal of the case. In a per curium order, all CAFC judges in regular active service said "a stay is warranted under the circumstances." In addition, the court said all active judges will hear the case, as opposed to the court's traditional three-judge panel approach, in light of the "issues of exceptional importance" presented by the matter.
Chinese exporter Yingli Energy on June 3 supported its argument that the Court of International Trade should strike down the Commerce Department’s usual presumption that exporters in non-market economies are under government control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
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The Court of International Trade on June 3 left the question of whether to stay its ruling vacating all executive orders imposing tariffs under the International Emergency Economic Powers Act to the U.S. Court of Appeals for the Federal Circuit. Judges Gary Katzmann, Timothy Reif and Jane Restani said that CAFC's "impending consideration of the motion to stay before it makes it unnecessary for this court to rule on the USCIT Motions to Stay" (V.O.S. Selections v. United States, CIT # 25-00066) (The State of Oregon v. U.S. Dep't of Homeland Security, CIT # 25-00077).
Georgetown University law professor Jennifer Hillman said that while she expects the U.S. Court of Appeals for the Federal Circuit to take months to decide if the tariff actions under emergency powers weren't legal, the court might not stay the vacation of the orders during that time.
The U.S. and Detroit Axle, an importer challenging the elimination of the de minimis threshold for Chinese products, sparred at the Court of International Trade on whether to stay the company's case in light of the trade court's decision to vacate all tariff executive orders issued by President Donald Trump under the International Emergency Economic Powers Act (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The U.S. Court of Appeals for the Federal Circuit on May 29 issued an administrative stay of the Court of International Trade's decision to vacate all tariff executive orders issued by President Donald Trump under the International Emergency Economic Powers Act while the appellate court considers the government's emergency motion to stay the CIT decision (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The U.S. Court of Appeals for the Federal Circuit on May 23 extended a stay in an antidumping duty case after the Court of International Trade settled a related lawsuit. Judge Timothy Dyk noted that the parties told the court that, if no party files an appeal in the related case, the present case before CAFC will be withdrawn. As a result, Dyk extended the stay and said the parties have until seven days after June 16 to tell the court how they plan to proceed (Bioparques de Occidente v. United States, Fed. Cir. # 23-2109).