The Customs Rulings Online Search System (CROSS) was updated May 20-23 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):
Akin Gump attorneys, representing two small importers, filed an unopposed motion to expedite consideration of the appeal before the U.S. Court of Appeals for the D.C. Circuit on the validity of tariffs imposed under the International Emergency Economic Powers Act. The importers' proposed schedule for the case would conclude briefing on Aug. 8 and see the appellate court hold oral argument either during a "special summer sitting" or on the first date in the court's September sitting (Learning Resources v. Trump, D.C. Cir. # 25-5202).
The State of California appealed the U.S. District Court for the Northern District of California's decision to dismiss its case challenging tariff action taken under the International Emergency Economic Powers Act, filing on June 4 a motion to expedite the appeal. California's proposed schedule would see briefing conclude on Aug. 18, with California's opening brief due on June 30 (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
The 12 states challenging the tariffs imposed under the International Emergency Economic Powers Act urged the U.S. Court of Appeals for the Federal Circuit to reject the government's bid for an emergency stay, telling the appellate court that the Trump administration's claim that it will be irreparably harmed without a stay are undermined by administration officials' own statements (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were filed recently at the Court of International Trade:
The Court of International Trade granted importer APS Auto Parts Specialist's voluntary dismissals of its two cases seeking Section 301 exclusions. APS challenged CBP's denial of its protest, claiming that its steel side protective attachment auto parts of Harmonized Tariff Schedule subheading 8708.29.5060 qualify for Section 301 tariff exclusions under secondary subheading 9903.88.45. The importer dismissed the cases on May 28 (see 2505280045) (APS Auto Parts Specialist v. United States, CIT #s 21-00233, 21-00268).
The U.S. has asked the Court of International Trade to stay the remaining cases on its docket challenging tariffs imposed under the International Emergency Economic Powers Act pending its appeal of the trade court's recent decision vacating all tariffs thus far imposed under IEEPA. The government argued that a stay is "warranted," since "an appellate ruling would be binding on plaintiffs’ claims" at CIT and resources will be spared in not having to litigate the same issues (Princess Awesome v. United States, CIT # 25-00078) (Emily Ley Paper, d/b/a Simplified v. United States, CIT # 25-00096).
Joseph Barloon, who was a general counsel at the Office of the U.S. Trade Representative during Donald Trump's first term, told Sen. Maria Cantwell, D-Wash., that he believes in rules-based trade.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: