The U.S. Court of Appeals for the Federal Circuit issued a notice regarding its oral argument in the lead International Emergency Economic Powers Act tariff case, which is set to take place on July 31 at 10 a.m. EDT. The court said the argument will be live streamed on the court's YouTube channel and that public seating for the hearing will be available on a "first-come, first-served basis" for all members of the public and press. The court's gates will open at 8 a.m.; the courtroom doors will open at 8:30 a.m.; admittance will stop at 8:45 a.m. or after all tickets are issued, whichever is earlier; and courtroom doors will close at 10 a.m.
DOJ's criminal division has identified trade fraud as a top priority, assigning its market integrity and major frauds unit to handle tariff evasion cases, a DOJ official confirmed to us. The official said that the major frauds unit is shifting resources to trade and looking to cases involving "long-running frauds, senior executives, and large volumes of alleged losses from unlawful tariff evasion schemes."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importers Waaree Energies and ISS Global Forwarding Texas on July 14 dropped their case at the Court of International Trade on CBP's collection of excess safeguard duties on solar cell imports. The case was stayed pending resolution of Solar Energy Industries Association v. U.S., which concerned President Donald Trump's revocation of the tariff exclusion for bifacial solar panels. The U.S. Court of Appeals for the Federal Circuit ruled in SEIA that the tariff exclusion revocation was lawful (see 2311130031) (Waaree Energies v. United States, CIT #22-00296).
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The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In the July 9 Customs Bulletin (Vol. 59, No. 28), CBP published proposals to revoke ruling letters concerning the tariff classification for tuna and rice kits.
The Court of International Trade on July 10 heard oral argument in importer Detroit Axle's case against President Donald Trump's decision to end the de minimis exemption for Chinese goods. Judges Gary Katzmann, Timothy Reif and Jane Restani pressed counsel for both the U.S. and the importer on whether the International Emergency Economic Powers Act enables the president to take such action, given the specific language at play in both IEEPA and 19 U.S.C. 1321, the de minimis statute (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The U.S. District Court for the District of Columbia, in a July 10 text-only order, told parties in a case on the legality of tariffs imposed under the International Emergency Economic Powers Act to file a joint status report that lays out the parties' proposed schedule to govern future proceedings at the district court. The case is currently on appeal before the U.S. Court of Appeals for the D.C. Circuit (see 2507030052). At the district court, Judge Rudolph Contereras held that the Court of International Trade doesn't have exclusive jurisdiction in the case, since IEEPA categorically doesn't provide for tariffs (see 2505290037) (Learning Resources v. Donald J. Trump, D.D.C. # 25-01248).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: