The conservative Liberty Justice Center brought a lawsuit on behalf of five importers to challenge the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority. The complaint, filed April 14 at the Court of International Trade, makes two claims: President Donald Trump's "reciprocal" tariffs exceed the president's statutory authority under IEEPA and, even if this statutory authority exists, it's an "unconstitutional delegation of legislative authority" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
Counsel for two members of the Blackfeet Nation tribe that recently filed a lawsuit against the recent tariff action taken by President Donald Trump told us that she believes jurisdiction to be proper in the U.S. District Court for the District of Montana. Monica Tranel, the attorney for Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also said that she believes she can obtain a preliminary injunction against the spate of tariffs recently imposed on Canada due to the size of the harm to the agriculture and tourism industry in western Montana.
A group of five companies filed a complaint at the Court of International Trade challenging the president's authority to impose tariffs under the International Emergency Economic Powers Act. The complaint, drafted by the conservative Liberty Justice Center, says President Donald Trump's use of IEEPA to impose "reciprocal" tariffs "exceeds his statutory authority." The lawsuit adds that even if IEEPA grants this authority, it amounts to an "unconstitutional delegation of legislative authority." The lawsuit is the third of its kind to challenge the use of IEEPA to impose tariffs but is the first to be filed at the trade court.
Two members of the Blackfeet Nation tribe filed a lawsuit in the U.S. District Court for the District of Montana against various tariff actions by President Donald Trump, arguing that Trump's use of the International Emergency Economic Powers Act is an "unconstitutional exercise of congressional authority." The individuals, Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also claimed that Trump's tariff orders unconstitutionally deprived them of procedural due process and are "void for vagueness."
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China opened a dispute at the World Trade Organization on April 8 on the U.S. reciprocal tariffs, claiming that the duties violate the General Agreement on Tariffs and Trade (GATT) 1994, the Agreement on Customs Valuation and the Agreement on Subsidies and Countervailing Measures. China's challenge covers the 34% additional tariff on Chinese imports that is set to take effect April 9, along with the 10% duty on imports from all trading partners, which took effect on April 5.
President Donald Trump's use of the International Emergency Economic Powers Act (IEEPA) to enact his sweeping "retaliatory" tariffs (see 2504020086) has drawn serious speculation about whether the statute can serve as a proper basis for invoking the tariffs. Trade lawyers told us that potential issues arising from the use of IEEPA include the existence of tariff-making authority to address trade deficits under Section 122 of the Trade Act of 1974, the "major questions" doctrine and the way in which the tariffs were calculated.
A panel of trade remedy authorities including a former Commerce Department assistant secretary and two U.K. government representatives surveyed March 13 the increasingly complicated global trade remedies realm, touching on how the two countries have reacted, in Georgetown University Law Center’s annual International Trade Update.
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President Donald Trump will likely turn to Section 301 to enact his plans for "reciprocal" tariffs, various trade lawyers told Trade Law Daily. Following the president's announcement of his reciprocal tariff plan, which will purportedly tackle "non-reciprocal trading arrangements" with many of the U.S.'s trading partners starting April 2, speculation ensued as to the precise scope of the tariffs and their legal bases.