The Court of International Trade on Jan. 14 confirmed that the government's stipulation regarding the availability of refunds from tariffs imposed under the International Emergency Economic Powers Act "applies to all current and future similarly situated plaintiffs."
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The Court of International Trade on Dec. 18 denied an application for a temporary restraining order against the liquidation of entries made by various companies represented by Grunfeld Desiderio seeking refunds of tariffs imposed under the International Emergency Economic Powers Act (Strato Technology Solutions v. United States, CIT Consol. # 25-00322).
As importers everywhere await the Supreme Court's final decision on the fate of tariffs imposed under the International Emergency Economic Powers Act, more and more attorneys are counseling their clients to file preemptive lawsuits at the Court of International Trade to guarantee their right to a refund of the IEEPA tariffs.
The Court of International Trade denied a group of importers' motion for a preliminary injunction against liquidation of their entries subject to tariffs imposed under the International Emergency Economic Powers Act on the basis that the trade court has the power to order reliquidation of the entries if the Supreme Court strikes down the IEEPA tariffs.
The U.S. on Dec. 11 filed its opposition to a motion for a preliminary injunction in dozens of cases filed by Crowell & Moring seeking refunds of tariffs imposed under the International Emergency Economic Powers Act (AGS Company Automotive Solutions v. United States, CIT Consol. # 25-00255).
As lawsuits seeking refunds of International Emergency Economic Powers Act tariffs at the Court of International Trade continue to mount, lawyers remain uncertain of the refund process that would be followed should the Supreme Court strike down the tariffs, including whether refunds will come via judicial or administrative pathways.
Trade lawyers are split over the necessity of filing lawsuits now to secure potential International Emergency Economic Powers Act tariff refunds should the Supreme Court invalidate them, according to interviews with lawyers.
Following the Supreme Court's oral argument in the lead cases on whether the president can use the International Emergency Economic Powers Act to impose tariffs, various trade lawyers speculated that the high court now appears poised to strike down the tariffs.
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