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.
Plaintiffs challenging tariff action under the International Emergency Economic Powers Act in a D.C. court said a Florida court's recent decision transferring a separate IEEPA tariff case to the Court of International Trade doesn't settle the jurisdictional issue. Filing a brief on May 22, importers Learning Resources and Hand2Mind said the Florida court "came to the wrong conclusion" (Learning Resources v. Trump, D.D.C. # 25-01248).
The Court of International Trade on May 23 dismissed Wisconsin man Gary Barnes' case against the ability of the president to impose tariffs. Judge Jennifer Choe-Groves held that Barnes didn't have standing because he failed to claim that any harm he would suffer by tariffs imposed by President Donald Trump is "particularized" or "actual or imminent."
The U.S. supported May 19 its motion to dismiss Canadian exporter Pipe & Piling Supplies’ challenge to the results of a Commerce Department pipe investigation (see 2503250054). The exporter has admitted it erred when it filed under the wrong jurisdictional regulation, the government said (Pipe & Piling Supplies v. United States, CIT # 24-00211).
The Commerce Department improperly failed to respond to an antidumping duty petitioner's claim that a submission from AD review respondent Assan Aluminyum regarding its duty drawback adjustment didn't rebut, clarify or correct information submitted in the petitioner's rebuttal, the Court of International Trade held on May 21. Judge Gary Katzmann said Commerce can't pursue the goal of calculating an accurate dumping margin "without regard for procedural constraints."
The Court of International Trade on May 23 dismissed Wisconsin man Gary Barnes' lawsuit challenging the president's ability to impose tariffs for lack of standing. Judge Jennifer Choe-Groves said that Barnes, who alleged harm as a retiree on a fixed income concerned about higher prices and unconstitutional action, failed to allege harm that is "particularized" or "actual or imminent." The judge also affirmed the trade court's exclusive jurisdiction to hear the case and related cases challenging trade action imposed under the International Emergency Economic Powers Act.
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:
Fluid end block exporter BGH Edelstahl Siegen attempted to "inject" an end-use requirement into antidumping and countervailing duty orders on forged steel fluid end blocks, the U.S. said in a motion for judgment at the Court of International Trade. BGH Edelstahl argues that its forged steel blocks are not “fluid end blocks" because they aren't specifically meant for use in hydraulic pumps, it said (see 2503190024) (BGH Edelstahl Siegen GmbH v. United States, CIT # 24-00176).
Agricultural cooperative Asociacion de Cooperativas Argentinas dismissed its antidumping duty case at the Court of International Trade on May 21, according to a notice of dismissal. The group brought the case to contest the Commerce Department's first review of the AD order on raw honey from Argentina. An attorney close to the matter said the suit was filed just in case Commerce denied the group's ministerial error claim. The agency then recognized the claim, reducing the group's AD rate. The group then withdrew its summons so the liquidation of its entries could proceed more quickly, the attorney said (Asociacion de Cooperativas Argentinas v. United States, CIT # 25-00086).