The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department appropriately focused on the current availability of domestic steel as opposed to the availability at the time an importer placed a foreign order when considering Section 232 exclusion requests, the U.S. argued. Filing a reply brief at the U.S. Court of Appeals for the Federal Circuit, the government said the focus on current availability is in line with the "purpose of the Section 232 import measures," which are meant to "increase and improve domestic capacity over time" (Seneca Foods Corp. v. United States, Fed. Cir. # 25-1310).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. District Court for the District of Montana on April 25 transferred a case filed by four members of the Blackfeet Nation tribe challenging the tariffs on Canada issued under the International Emergency Economic Powers Act to the Court of International Trade. Judge Dana Christensen held that two cases establishing the trade court's exclusive jurisdiction to hear cases arising out of the Trading With the Enemy Act, IEEPA's predecessor, confirm CIT's exclusive jurisdiction to hear cases involving IEEPA, given that IEEPA has the "same operative language as that contained in the TWEA" (Susan Webber v. U.S. Department of Homeland Security, D.Mont. # 4:25-00026).
The Montana Farmers Union moved to intervene in a case brought by four members of the Blackfeet Nation indigenous tribe challenging various trade action taken by President Donald Trump in the U.S. District Court for the District of Montana. The agriculture trade group said it qualifies for intervention as a "matter of right," alternatively arguing that the court should permit the group to intervene even if it doesn't have the right to intervene (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
The three judges assigned to the case challenging President Donald Trump's use of the International Emergency Economic Powers Act -- Jane Restani, Gary Katzmann and Timothy Reif -- may be poised to rein in the administration's use of the act to impose tariffs, various attorneys told us. Based on their prior jurisprudence and professional backgrounds, the attorneys said, it seems likely the trio may pare back Trump's tariff-setting authority, though it's ultimately unclear to what extent.
The U.S. defended its bid to transfer a case challenging President Donald Trump's tariffs on Canada imposed under the International Emergency Economic Powers Act and Section 232 to the Court of International Trade, arguing that the trade court has exclusive jurisdiction to hear the case and that the plaintiffs' convenience in keeping the suit in Montana is "irrelevant" to CIT's jurisdiction. Filing a reply brief on April 16, the government said the plaintiffs, four members of the Blackfeet Nation tribe, "ignore or misunderstand" CIT's "specialized nature and the fact that that court may also review the implementation of executive orders in cases within its jurisdiction" (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
The lawsuit at the Court of International Trade challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs has been assigned to a three-judge panel. Judges Gary Katzmann, Timothy Reif and Jane Restani will hear the case, according to an order from CIT Chief Judge Mark Barnett (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
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The U.S. filed motions to transfer the two cases challenging the use of the International Emergency Economic Powers Act filed in federal district courts to the Court of International Trade. In both cases, the government said the trade court has exclusive jurisdiction over the claims raised by both lawsuits, since they "arise out of laws providing for tariffs or the administration or enforcement of those laws" (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464) (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).