The following lawsuits were filed recently at the Court of International Trade:
CBP improperly classified importer AB Specialty Silicones' specialty silicone chemicals as organic-silicone compounds instead of as silicone compounds or organo-inorganic compounds, AB argued in an April 16 complaint at the Court of International Trade (AB Specialty Silicones v. United States, CIT # 25-00067).
The lawsuit at the Court of International Trade challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs has been assigned to a three-judge panel. Judges Gary Katzmann, Timothy Reif and Jane Restani will hear the case, according to an order from CIT Chief Judge Mark Barnett (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The Trump-aligned America First Legal Foundation filed an amicus brief in importer Simplified's lawsuit against the International Emergency Economic Powers Act tariffs on China to support the government's motion to transfer the matter, currently before a Florida federal district court, to the Court of International Trade. The brief said the trade court's work is "important" but "hardly well known," making it unsurprising that some parties in IEEPA cases "have either not recognized how § 1581(i) applies to IEEPA, or have chosen not to press the matter" (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
The state of California opened a lawsuit in the District Court for the Northern District of California on April 16 against President Donald Trump's ability to use the International Emergency Economic Powers Act to impose tariffs. The two-count complaint claims that Trump acted beyond his statutory authority granted by IEEPA to impose the "reciprocal" tariffs and the tariffs on China, Canada and Mexico, and that Trump's tariff actions usurp legislative authority in violation of the U.S. Constitution (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The Court of International Trade on April 15 denied importer Under the Weather's motion for leave to amend its complaint to add a claim regarding CBP's prior tariff treatment of its imported pop-up tent "pods." Judge Timothy Reif said the proposed amended complaint "was filed after undue delay and is futile."
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The U.S. filed motions to transfer the two cases challenging the use of the International Emergency Economic Powers Act filed in federal district courts to the Court of International Trade. In both cases, the government said the trade court has exclusive jurisdiction over the claims raised by both lawsuits, since they "arise out of laws providing for tariffs or the administration or enforcement of those laws" (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464) (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
Five importers challenging the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority plan to file a motion for a preliminary injunction in the coming days, counsel for the companies told us. Jeffrey Schwab, senior counsel at the Liberty Justice Center, said the PI bid will request an injunction on the collection of all tariffs issued under the IEEPA.
World Trade Organization members elected Argentina's Gustavo Nerio Lunazzi the new chair of the Council for Trade in Goods, the WTO announced.