The Customs Rulings Online Search System (CROSS) was updated between June 17 and June 23 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):
Importer Crutchfield filed an amicus brief on June 26 in the appeal before the U.S. Court of Appeals for the Federal Circuit on the legality of the tariffs imposed under the International Emergency Economic Powers Act. Crutchfield argued that President Donald Trump's claim that IEEPA grants the president "unilateral and unreviewable authority to impose, increase, decrease, suspend, or alter tariffs on virtually every country in the world" can't be squared with the statute's plain language and the U.S. Constitution (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
The U.S. filed its opening brief on June 24 in its appeal of the Court of International Trade ruling vacating the executive orders implementing tariffs under the International Emergency Economic Powers Act, arguing that CIT got it wrong "at every turn." The government told the U.S. Court of Appeals for the Federal Circuit that the trade court "properly did not question whether IEEPA authorizes as a general matter," though the court improperly suggested that "giving effect to IEEPA’s text would create constitutional concerns, invoking the nondelegation doctrine" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The Customs Rulings Online Search System (CROSS) was updated 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):
President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act should be upheld as a valid exercise of Section 338, the Trump-aligned America First Policy Institute argued in a June 24 amicus brief af the U.S. Court of Appeals for the Federal Circuit. Claiming that an executive order can be upheld under a different statute than the statute originally claimed by the president, the institute said the IEEPA tariffs "fit Section 338 of the Tariff Act of 1930 like a glove" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
After a federal district court in Montana denied rehearing (see 2506020059), four members of the Blackfeet Nation appealed June 9 to the U.S. Court of Appeals for the 9th Circuit as they continue to challenge the transfer of their International Emergency Economic Powers Act case out of the state. They argued again that the Constitution differentiates between commerce with foreign nations and commerce with Native Americans and that the trade court has only been granted jurisdiction over cases involving the former (Susan Webber v. U.S. Department of Homeland Security, 9th. Cir. # 25-2717).
As the U.S. Court of Appeals for the Federal Circuit mulls the government's emergency stay motion against a Court of International Trade decision permanently enjoining tariffs issued under the International Emergency Economic Powers Act, five different groups of amici filed briefs at the appellate court either attacking or defending the trade court's ruling.
The parties contesting the government's emergency stay motion at the U.S. Court of Appeals for the Federal Circuit of the Court of International Trade's ruling on the president's use of the International Emergency Economic Powers Act tariffs "mischaracterize" statements made by administration officials on the effect of the CIT's ruling, the U.S. said. Responding to claims from 12 U.S. states and a group of importers, the government argued that the trade court's injunction against the IEEPA tariffs is "legally untenable and risks irreparable economic and national-security harms" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The 12 states challenging the tariffs imposed under the International Emergency Economic Powers Act urged the U.S. Court of Appeals for the Federal Circuit to reject the government's bid for an emergency stay, telling the appellate court that the Trump administration's claim that it will be irreparably harmed without a stay are undermined by administration officials' own statements (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
Joseph Barloon, who was a general counsel at the Office of the U.S. Trade Representative during Donald Trump's first term, told Sen. Maria Cantwell, D-Wash., that he believes in rules-based trade.