CBP failed to explain its finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor, the Court of International Trade held on Sept. 23. Vacating and remanding the forced labor finding, Judge Timothy Reif said the agency failed to "articulate a satisfactory explanation for its action” based on a “rational connection between the facts found and the choice made" in violation of the Administrative Procedure Act's arbitrary and capricious standard.
Four amicus briefs were filed at the Supreme Court on Sept. 23 in defense of President Donald Trump's ability to levy tariffs under the International Emergency Economic Powers Act. The briefs focused on various elements of the case, though they all argued that the nondelegation doctrine shouldn't be used to strip the president of his tariff authority here, since the court has long upheld broad delegations of authority to the president in the realms of foreign affairs and national defense (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
In remand comments, exporter Saha Thai Steel Pipe said that the Commerce Department wrongly reverted back to its original position on affiliation it had taken despite all parties agreeing with its revised one -- and despite the fact that Court of International Trade Judge Stephen Vaden had only remanded the decision so that Commerce could provide a reasoned explanation for it (Saha Thai Steel Pipe Public Co. v. U.S., CIT # 21-00627).
The U.S. asked the Supreme Court for permission to use an additional 3,000 words in its reply brief in the cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. Solicitor General D. John Sauer said a total of 9,000 words is needed given that the government will have to address "three separate response briefs, with an additional jurisdictional issue, on a highly expedited schedule" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The Court of International Trade on Sept. 22 declined to reconsider its customs case finding importer BASF's fish oil ethyl ester concentrates are classified as "extract of fish" under Harmonized Tariff Schedule heading 1603. While the government said the court ignored that fish extracts must have similar characteristics to meat extracts and BASF's stipulation that its preparations aren't fatty acids, Judge Joseph Laroski said he explicitly considered both arguments.
The Court of International Trade on Sept. 23 remanded CBP's finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions using forced labor. Judge Timothy Reif held that CBP failed to "articulate a satisfactory explanation for its action" based on a "rational connection between the facts found and the choice made" in violation of the Administrative Procedure Act. Reif likened the case to the court's previous consideration of a company's challenge to its placement on the Uyghur Forced Labor Prevention Act Entity List. The judge said CBP's "conclusory, unsupported allegations" of forced labor made with regards to Kingtom are "readily distinguishable" from the "substantive statements" made in defense of the UFLPA Entity List addition.
The U.S. filed its opening brief at the Supreme Court on Sept. 19 in the lead cases on the legality of tariffs imposed under the International Emergency Economic Powers Act. Solicitor General D. John Sauer said the reciprocal tariffs and tariffs on China, Canada and Mexico meant to stop the flow of fentanyl are a valid exercise of IEEPA, adding that the tariffs are a proper expression of presidential policymaking in emergency situations.
The following lawsuit was filed recently at the Court of International Trade:
Importer PF America dropped its case at the Court of International Trade on whether its flooring qualifies for an exclusion from Section 301 China tariffs, according to a Sept. 19 notice of dismissal. The importer filed suit in 2022 to claim that its flooring of Harmonized Tariff Schedule subheading 3918.10.1000 qualifies for a Section 301 exclusion under secondary subheading 9903.88.46. Counsel for PF America didn't respond to a request for comment (PF America v. United States, CIT # 22-00060).
The U.S. Court of Appeals for the Federal Circuit will consider Nebraska man Byungmin Chae's appeal regarding one question on the April 2018 customs broker license exam without holding oral argument, according to a Sept. 19 notice from the court. The court said the case will be submitted to a three-judge panel on the court who will decide the appeal on the briefs only (Chae v. United States, Fed. Cir. # 25-1379).