The following lawsuit was filed recently at the Court of International Trade:
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President Donald Trump said that the administration will petition the Supreme Court on Sept. 3 to make an "expedited ruling" on the legality of tariffs he imposed on every country through 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:
CBP unlawfully applied 10% Section 301 duties to importer Shaw Industries Group's Chinese flooring entries, since the goods were subject to an exclusion from the tariffs, Shaw argued in an Aug. 29 complaint at the Court of International Trade (Shaw Industries Group v. United States, CIT # 21-00400).
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said President Donald Trump exceeded his authority under the International Emergency Economic Powers Act by imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. Declining to address whether IEEPA categorically provides for tariffs, though spilling much ink on the topic, a majority of the court held that IEEPA doesn't confer unbounded tariff authority (V.O.S. Selections v. Donald J. Trump, Fed. Cir. #s 25-1812, -1813).
Fariha Kabir, a former international trade litigation attorney at CBP, has left the agency to join Faegre Drinker as an associate, she announced on LinkedIn. Kabir had worked at CBP since 2021, helping with the litigation of customs matters before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit, including cases on tariff classification and value, the exclusion or detention of import entries, and CBP regulations.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
While many attorneys believe that one of the cases on the legality of President Donald Trump's tariffs is on a collision course with the Supreme Court, questions remain about exactly when the high court will review the case and in what form. One possibility would see the lead appeal, V.O.S. Selections v. Trump, which currently sits before the U.S. Court of Appeals for the Federal Circuit, head to the Supreme Court's emergency, or "shadow," docket.
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said the president doesn't have unlimited tariff authority under the International Emergency Economic Powers Act. Seven of the court's 11 total justices presiding over the case affirmed the Court of International Trade's conclusion that President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico meant to combat the flow of fentanyl exceed the president's authority under IEEPA.