The following lawsuit was filed recently at the Court of International Trade:
The conservative Liberty Justice Center brought a lawsuit on behalf of five importers to challenge the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority. The complaint, filed April 14 at the Court of International Trade, makes two claims: President Donald Trump's "reciprocal" tariffs exceed the president's statutory authority under IEEPA and, even if this statutory authority exists, it's an "unconstitutional delegation of legislative authority" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
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." The importer received duty-free treatment for the pods from 2010-18, but that ultimately ended in 2020 following an HQ ruling from CBP. The trade court previously rejected a claim from Under the Weather that CBP had to allow for a notice-and-comment period with the HQ ruling, since the agency previously accorded the pods a given tariff treatment. Under the Weather then tried to amend its complaint to newly cite two alleged examinations of the pods by CBP. Reif rejected the motion, finding that the importer waited too long to raise the issue and that the issue would be futile, since it "would not survive a motion to dismiss for failure to state a claim."
CBP improperly declined to accept the proper valuation of various iron and steel products imported by NOA Brands America, the importer argued in an April 10 complaint at the Court of International Trade (NOA Brands America v. United States, CIT # 23-00109).
A group of five companies filed a complaint at the Court of International Trade challenging the president's authority to impose tariffs under the International Emergency Economic Powers Act. The complaint, drafted by the conservative Liberty Justice Center, says President Donald Trump's use of IEEPA to impose "reciprocal" tariffs "exceeds his statutory authority." The lawsuit adds that even if IEEPA grants this authority, it amounts to an "unconstitutional delegation of legislative authority." The lawsuit is the third of its kind to challenge the use of IEEPA to impose tariffs but is the first to be filed at the trade court.
Counsel for two members of the Blackfeet Nation tribe that recently filed a lawsuit against the recent tariff action taken by President Donald Trump told us that she believes jurisdiction to be proper in the U.S. District Court for the District of Montana. Monica Tranel, the attorney for Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also said that she believes she can obtain a preliminary injunction against the spate of tariffs recently imposed on Canada due to the size of the harm to the agriculture and tourism industry in western Montana.
Disagreeing with exporter BASF, the U.S. argued April 7 that the exporter’s beta-carotene product Betatene had been properly classified under the Harmonized Tariff Schedule because it was used as a specific -- not general -- food additive, and its additives were used for more than just stable transportation or preservation (BASF Corporation v. United States, CIT Consol. # 12-00422).
Two members of the Blackfeet Nation tribe filed a lawsuit in the U.S. District Court for the District of Montana against various tariff actions by President Donald Trump, arguing that Trump's use of the International Emergency Economic Powers Act is an "unconstitutional exercise of congressional authority." The individuals, Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also claimed that Trump's tariff orders unconstitutionally deprived them of procedural due process and are "void for vagueness."
Members of the Senate Agriculture Committee on April 8 pressed Stephen Vaden, nominee for USDA deputy secretary, on how President Donald Trump's slew of tariff action will impact USDA and agriculture issues.
The U.S. and importer Vecoplan filed a stipulated judgment at the Court of International Trade granting duty-free treatment to the importer's grinding machines. CBP initially classified the entries, which are described as "industrial size reduction machines that operate with a single shaft rotor with cutting inserts," under Harmonized Tariff Schedule subheading 8479.89.94. This subheading covers certain machines and mechanical appliances with individual functions and comes with a 2.5% duty rate. The parties agreed to classify the goods under duty-free subheading 8479.82.00, which covers "[m]ixing, kneading, crushing, grinding, screening, sifting, homogenizing, emulsifying or stirring machines" (Vecoplan v. United States, CIT # 20-00141).