Importers Learning Resources and Hand2Mind urged the Supreme Court on Aug. 5 to take up their challenge to the legality of tariffs imposed under the International Emergency Economic Powers Act prior to their case being heard before the U.S. Court of Appeals for the D.C. Circuit on the grounds that the high court may need to do so to hear the case in tandem with the lead lawsuit on the IEEPA tariffs. The importers said the Solicitor General himself suggested this course of action (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated on July 29-30 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
All active judges at the U.S. Court of Appeals for the Federal Circuit on July 31 heard oral argument in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act. The 11 judges peppered counsel for the government and the parties challenging the tariffs, which include five importers and 12 U.S. states, with questions about whether the statute authorizes tariffs at all; whether there are limits to that tariff authority, should it exist; and whether the major questions or non-delegation doctrines strip IEEPA of its ability to convey tariff authority (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
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:
Defending a motion for reconsideration, the U.S. said again July 23 that fish oil importer BASF Corp.’s products should have been classified as “food preparations” and that the Court of International Trade defined “fish extracts” too broadly. The trade court failed to address several U.S. points raised during litigation, so the standard for reconsideration has been met, it claimed (BASF Corp. v. United States, CIT Consol. # 13-00318).
The U.S. filed its reply briefs in a pair of appeals before the U.S. Court of Appeals for the 9th Circuit on whether challenges to the legality of tariffs imposed under the International Emergency Economic Powers Act belong in the Court of International Trade. Responding to arguments from the State of California and various members of the Blackfeet Nation indigenous tribe, the government said the case "arises out of" President Donald Trump's executive orders implementing the tariffs and the Harmonized Tariff Schedule, giving CIT exclusive jurisdiction under Section 1581(i) (State of California v. Trump, 9th Cir. # 25-3493) (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).