The U.S. Court of Appeals for the Federal Circuit will likely rule against the Trump administration in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act, though it's unclear under what exact rationale the court will do so, said Peter Harrell, a former National Security Council official during the Biden administration.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. agreed to liquidate importer SW Technologies' nitrile rubber globes under the importer's preferred Harmonized Tariff Schedule subheading -- a move which will see CBP refund SW Technologies ordinary customs duties and Section 301 tariffs. The goods were initially imported under HTS subheading 4015.19.1010, which covers non-medical gloves at a 3% duty rate. SW Technologies argued at the Court of International Trade that the gloves should have been classified under the duty-free subheading 4015.19.0550 as medical gloves. Per a stipulated judgment at CIT, the U.S. will liquidate the importer's entries under its preferred subheading and secondary subheading 9903.88.39, which exempts the goods from Section 301 duties (SW Technologies v. U.S., CIT # 23-00119).
The Customs Rulings Online Search System (CROSS) was updated on July 29-30 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):
The following lawsuit was filed recently at the Court of International Trade:
The Court of International Trade on July 29 denied importers Johanna Foods' and Johanna Beverage Company's application for a temporary restraining order against President Donald Trump's threatened 50% tariff on Brazil. Judge Timothy Reif held that the importers failed to show "a likelihood that immediate and irreparable harm would occur before the threatened August 1, 2025 tariff" (Johanna Foods v. Executive Office of the President of the United States, CIT # 25-00155).
The Customs Rulings Online Search System (CROSS) was updated on July 28 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):
Former trade lawyer Scott Lincicome, who now leads the libertarian Cato Institute's trade division, said the administration learned the natural consequences of Section 301 tariffs when Chinese goods flow to India, Mexico and Vietnam as inputs to manufactured goods that are created in those countries.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Orange juice importers Johanna Foods and Johanna Beverage Company on July 22 asked the Court of International Trade to either temporarily, preliminarily or permanently enjoin the federal government from "imposing and enforcing" President Donald Trump's threatened 50% tariff on Brazil. Filing a combined application for a temporary restraining order and motions for a preliminary or permanent injunction, Johanna Foods and Johanna Beverage said the tariff isn't a proper exercise of either Section 301 or the International Emergency Economic Powers Act (Johanna Foods v. Executive Office of the President of the United States of America, CIT # 25-00155).