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:
The following lawsuit was filed recently at the Court of International Trade:
CBP wrongly found that couplings imported by Pusan Coupling originated in China instead of South Korea, the company said in a complaint at the Court of International Trade (Pusan Coupling Corp. v. United States, CIT # 25-00092).
The U.S. District Court for the Northern District of Florida on May 20 transferred a case challenging certain tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge T. Kent Wetherell largely rested his decision on Yoshida International v. U.S. -- the nearly 50-year-old decision sustaining President Richard Nixon's 10% duty surcharge imposed under the Trading With the Enemy Act, IEEPA's predecessor (Emily Ley Paper d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
The Court of International Trade on May 21 held a second hearing in as many weeks on the legality of tariffs imposed under the International Emergency Economic Powers Act. The same three judges, Jane Restani, Gary Katzmann and Timothy Reif, pressed both the government and counsel for 12 U.S. states challenging all IEEPA tariff actions on whether the statute allows for tariff action, as well as whether the courts can review if the declared emergencies are "unusual and extraordinary" and the extent to which the case is guided by Yoshida International v. U.S. (The State of Oregon v. Donald J. Trump, CIT # 25-00077).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuit was filed recently at the Court of International Trade: