The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were filed recently at the Court of International Trade:
Tapered roller bearing exporter Shanghai Tainai Bearing and importer C&U Americas filed a reply brief at the U.S. Court of Appeals for the Federal Circuit on Oct. 14, arguing, among other things, that the U.S. failed to adequately defend the Commerce Department's selection of Romanian firm Timken Romania as part of the surrogate value calculations. Tainai added that Commerce illegally decided to deduct the cost of Section 301 duties from the company's U.S. price in the 2019-20 review of the antidumping duty order on tapered roller bearings from China (Shanghai Tainai Bearing Co. v. United States, Fed. Cir. # 25-1405).
The Supreme Court on Oct. 14 denied four members of the Blackfeet Nation's attempt to intervene in the lead cases on the legality of tariffs imposed under the International Emergency Economic Powers Act (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The U.S. Court of Appeals for the 9th Circuit denied the government's attempt to stay the case from members of Blackfeet Nation against the tariffs imposed under the International Emergency Economic Powers Act due to the federal government shutdown as "unnecessary" in light of the court's order issued in response to the shutdown (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
Counsel for the Blackfeet Nation members challenging the imposition of tariffs on Native Americans asked the Supreme Court for leave to participate in the Nov. 5 oral argument session on the legality of tariffs imposed under the International Emergency Economic Powers Act. The members' attorney, Monica Tranel, asked for 15 minutes to argue her case during the hearing, saying her claim that the president can't impose tariffs on Native Americans isn't "addressed by the other parties" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The case against the lists 3 and 4A tariffs is unlikely to be heard by the Supreme Court or the full U.S. Court of Appeals for the Federal Circuit, and the recent decision from the Federal Circuit upholding the tariffs likely gives the Trump administration greater confidence in using tariff authorities other than the International Emergency Economic Powers Act, various attorneys told us.
The U.S. Court of Appeals for the 9th Circuit on Sept. 24 ordered supplemental briefing in a case concerning the legality of tariffs imposed on Native Americans on the question of whether the court has subject matter jurisdiction to review an order transferring cases to another district court (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
Judges at the U.S. Court of Appeals for the 9th Circuit held argument on the U.S. District Court for the District of Montana's decision to transfer a case against the legality of International Emergency Economic Powers Act tariffs and Section 232 tariffs as applied to tribal members to the Court of International Trade. One of the judges, Judge William Fletcher, appeared skeptical of the government's claim that the court can't review the district court's transfer order (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
The U.S. Court of Appeals for the 9th Circuit decided Sept. 12 to stay proceedings in California's case against the legality of tariffs imposed under the International Emergency Economic Powers Act, though it denied the government's stay request in a similar case brought by members of the Blackfeet Nation tribe. Oral argument in the tribal members' lawsuit remains scheduled for Sept. 17 before Judges William Fletcher, Ronald Gould and Ana de Alba (State of California v. Donald J. Trump, 9th Cir. # 25-3493) (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).