Earlier this month, Wisconsin man Gary Barnes filed a lawsuit challenging the chief executive's right to impose tariffs as a violation of the U.S. Constitution (see 2502060026). In an email to Trade Law Daily, Barnes said he's targeting tariffs, since they "force retirees, low-income citizens and those on some kind of living assistance to help subsidize tax breaks for others" and also victimize the "less fortunate in our society" (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).
The inaugural use of the International Emergency Economic Powers Act to impose tariffs, which saw President Donald Trump set a 10% duty on all goods from China (see 2502030044), has sparked plenty of speculation as to how these tariffs could be challenged in court. One such argument is a statutory claim rooted in the text of IEEPA.
A Wisconsin man filed a pro se lawsuit at the Court of International Trade challenging the president's ability to impose tariffs, arguing that any attempt by the president to levy import duties represents an improper delegation of power under the U.S. Constitution. The individual, Gary Barnes, said imposing tariffs "is not within the jurisdiction of the President's duties," noting that the power to levy tariffs rests solely with Congress (Gary L Barnes v. United States President Donald Trump, CIT # 25-00043).
China opened a dispute at the World Trade Organization on Feb. 5 to challenge the new 10% tariff imposed by the U.S. on all goods from China, claiming that the measure violates the General Agreement on Tariffs and Trade. China said that not only do the duties violate the U.S. government's "Schedule of Concessions and Commitments," they're also "discriminatory and protectionist in nature."
DOJ under President Donald Trump likely will pursue greater criminal enforcement of the most recent tariffs imposed on China to serve as a "general deterrent" and "punish instances of serious misconduct," attorneys at BakerHostetler said in a recent post. In response, foreign parties should be "mindful of their potential criminal exposure," partners Artie McConnell, Jennifer Solari and Michael Snarr said.
President Donald Trump's decision to eliminate the duty-free de minimis threshold for goods from China, issued as part of his 10% tariff hike on Chinese products, likely will face legal challenges due to the economic importance of the de minimis rule, customs attorney Lawrence Friedman told us. However, many questions remain on the precise scope of any resulting change, along with the legal theory underpinning it.
After President Donald Trump announced his sweeping tariff action on China under the International Emergency Economic Powers Act, as well as now-delayed IEEPA tariffs on Mexico and Canada, trade lawyers told us to expect the duties to be challenged in court. Matt Nicely, lead counsel in the ongoing case against tariffs imposed on China during Trump's first administration, said in an email that a legal challenge is coming, a sentiment echoed across the trade bar.
DOJ successfully seized two luxury Miami condominiums with ties to Viktor Perevalov, a Russian national who was sanctioned in 2018 after his construction company helped build a highway in the Russia-occupied Crimea region, the agency announced Jan. 7. Perevalov allegedly used a Miami real estate agent to lease the properties, which DOJ said are worth a combined $1.8 million (see 2402230084).
Trade Law Daily is providing readers with the top 20 stories published in 2024. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.