The U.S. District Court for the Northern District of California erred in finding that the Court of International Trade has exclusive jurisdiction to hear the State of California's lawsuit against the legality of the tariffs imposed under the International Emergency Economic Powers Act, California argued in its opening brief before the U.S. Court of Appeals for the 9th Circuit. Among other things, California argued that its suit "arises out of" IEEPA, the substantive law "giving rise to the claims," and not President Donald Trump's executive orders implementing the tariffs, as the district court held (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A knit underwear importer’s products weren’t correctly classified under the secondary Harmonized Tariff Schedule heading 9817 for clothing “specially designed” for “physically or mentally handicapped persons,” the U.S. said June 27, which would have exempted them from a 15% antidumping duty on their products (Viecura v. United States, CIT Consol. # 21-00154).
The U.S. filed its opening brief on June 27 in the appeal on the legality of the tariffs imposed under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit, arguing that the district court got the jurisdiction and merits questions wrong. The government said the U.S. District Court for the District of Columbia took a "nonsensical" view of the Court of International Trade's jurisdiction and that, contrary to the court's ruling, IEEPA does confer tariff-setting authority (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
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:
Importer American Eel Depot filed a pair of complaints at the Court of International Trade on June 27 to contest CBP's classification of its frozen roasted eel under Harmonized Tariff Schedule subheading 1604.17.10 and secondary subheading 9903.88.03, subjecting the goods to Section 301 duties. The company argued that its goods aren't products of China but, in fact, have a country of origin of the U.S. (American Eel Depot v. United States, CIT # 21-00278, -00279).
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:
Importer Cozy Comfort will appeal the Court of International Trade's recent ruling finding that The Comfy, a "wearable, oversized item covering the front and back with a hood, sleeves, ribbed cuffs, and a marsupial pocket," is a pullover and not a blanket (see 2506170063). After conducting a five-day bench trial in the case, CIT Judge Stephen Vaden held that, as a matter of fact, The Comfy doesn't protect against "extreme cold," and that, as a matter of law, the item fits under Harmonized Tariff Schedule heading 6110, which provides for "pullovers." The judge specifically said the item fits under subheading 6110.30.30, dutiable at 32%. The importer now will take the case to the U.S. Court of Appeals for the Federal Circuit (Cozy Comfort v. United States, CIT # 22-00173).