Section 122 of the Trade Act of 1974 may be a more limited "fall-back option" for the Trump administration should the Supreme Court strike down all the tariffs President Donald Trump has imposed under the International Emergency Economic Powers Act, Dr. Mona Paulsen, law professor at the London School of Economic Law School, wrote in a blog post.
The following lawsuit was filed recently at the Court of International Trade:
Importer Danfoss on Nov. 6 moved the Court of International Trade to reopen its case on whether its scroll compressors and scroll-type compressors are exempt from Section 301 duties on China. The trade court dismissed the case on Nov. 4 for lack of prosecution (see 2511050053) (Danfoss LLC v. United States, CIT # 23-00214).
Three new lawsuits were filed at the Court of International Trade Nov. 6 on the legality of President Donald Trump's use of the International Emergency Economic Powers Act as his authority to impose tariffs, on the day after the Supreme Court appeared skeptical about the validity of such tariffs. One suit was filed by three importers, led by Del Monte Fresh Produce and represented by customs lawyer Myron Barlow; another was filed by importer Turn5, represented by Crowell & Moring; and a third was filed by importer Netuno USA by trade lawyer Vinicius Adam (Del Monte Fresh Produce v. United States, CIT # 25-00244) (Netuno USA v. Donald J. Trump, CIT # 25-00245) (Turn5 v. U.S. Customs and Border Protection, CIT # 25-00246).
The Customs Rulings Online Search System (CROSS) was updated on Nov. 3 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Court of International Trade assigned on Nov. 4 another International Emergency Economic Powers Act tariffs case to a three-judge panel consisting of Judges Gary Katzmann, Timothy Reif and Jane Restani (PGN International Group v. Donald J. Trump, CIT # 25-00240).
The Court of International Trade dismissed Nov. 4 a case brought by Danfoss LLC, for lack of prosecution. Danfoss, a Danish exporter of refrigeration and air conditioning units, initially brought its case in 2023 (Danfoss LLC v. United States, CIT # 23-00214).
The Court of International Trade on Nov. 4 granted importer Camel Energy's motion to expedite its case against CBP's detention of two of its battery entries. Judge Claire Kelly, who was assigned to the case on Oct. 29, granted the motion to expedite and said that Camel Energy "may file a proposed briefing schedule" along with a "brief statement of reasons as to why this expedited timeframe is necessary" by Nov. 5 at 4 p.m. ET (Camel Energy v. United States, CIT # 25-00230).
Two Trump appointees, along with the three liberal justices, had sharp questions for the Trump administration's advocate as the Supreme Court held a nearly three-hour hearing on the constitutionality of tariffs imposed around the world under the International Emergency Economic Powers Act.
Pay.gov will undergo maintenance on Nov. 8, and PACER will undergo maintenance on Nov. 9, the Court of International Trade announced. Documents requiring payment through Pay.gov can't be filed on CM/ECF during the hours of 6 p.m. to 10 p.m. ET, the court said. On Nov. 9, users may experience "intermittent issues when logging on to CM/ECF and when making payments through Pay.gov" from 5 a.m. to 4 p.m. ET, due to the maintenance of PACER.