The World Trade Organization's Dispute Settlement Body on May 23 heard China's first request to establish a dispute panel on Canada's surtax on Chinese products, including electric vehicles and steel and aluminum products, the WTO said. Canada said it's not ready to accept the panel at this time, punting the issue to the next DSB meeting, which is scheduled for June 23.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In a May 20 amicus curiae brief for California’s challenge of the International Emergency Economic Powers Act tariffs, NYU’s Brennan Center laid out the legislative history of IEEPA, arguing it doesn’t support a ruling that the law was meant to grant the president tariff powers (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The Court of International Trade on May 23 assigned a case challenging the elimination of the de minimis threshold on goods from China to Judges Gary Katzmann, Timothy Reif and Jane Restani. The court has assigned these same three judges to all cases challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs.
Plaintiffs challenging tariff action under the International Emergency Economic Powers Act in a D.C. court said a Florida court's recent decision transferring a separate IEEPA tariff case to the Court of International Trade doesn't settle the jurisdictional issue. Filing a brief on May 22, importers Learning Resources and Hand2Mind said the Florida court "came to the wrong conclusion" (Learning Resources v. Trump, D.D.C. # 25-01248).
The Court of International Trade on May 23 dismissed Wisconsin man Gary Barnes' case against the ability of the president to impose tariffs. Judge Jennifer Choe-Groves held that Barnes didn't have standing because he failed to claim that any harm he would suffer by tariffs imposed by President Donald Trump is "particularized" or "actual or imminent."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Detroit Axle on May 21 moved the Court of International Trade for a preliminary injunction and summary judgment against President Donald Trump's elimination of the de minimis exemption for Chinese goods and tariffs on Chinese products. In its motion, the importer argued that it's likely to succeed on the merits of its case, which outlines two bases for finding Trump's actions unlawful: that the president exceeded his statutory authority in ending de minimis for China, and that the agency actions implementing the order are arbitrary and capricious in violation of the Administrative Procedure Act (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The Court of International Trade on May 23 dismissed Wisconsin man Gary Barnes' lawsuit challenging the president's ability to impose tariffs for lack of standing. Judge Jennifer Choe-Groves said that Barnes, who alleged harm as a retiree on a fixed income concerned about higher prices and unconstitutional action, failed to allege harm that is "particularized" or "actual or imminent." The judge also affirmed the trade court's exclusive jurisdiction to hear the case and related cases challenging trade action imposed under the International Emergency Economic Powers Act.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: