Brazil requested dispute consultations with the U.S. at the World Trade Organization on Aug. 11 regarding the 50% tariffs that President Donald Trump recently imposed on Brazilian goods. Brazil said the measures are inconsistent with U.S. obligations under Articles I and II of the General Agreement on Tariffs and Trade (GATT) 1994 and Articles 23.1 and 23.2 of the Dispute Settlement Understanding (DSU).
The U.S. told the U.S. Court of Appeals for the Federal Circuit on Aug. 11 that stripping the president of his authority to impose tariffs under the International Emergency Economic Powers Act would lead to "ruinous" economic consequences in light of the trade deals reached with the EU, Indonesia, the Philippines, Japan and the U.K. (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1813).
Solar cell importers Trina Solar and Astronergy dismissed three cases at the Court of International Trade on Aug. 6 challenging President Donald Trump's decision from his first administration to revoke a Section 201 tariff exclusion for bifacial solar panels. In a separate case, the U.S. Court of Appeals for the Federal Circuit sustained Trump's decision, finding that the president didn't clearly misconstrue the statute when he revoked the tariff exclusion (see 2311130031). Jonathan Fried, counsel for Trina and Astronergy, said in an email that the companies "decided to dismiss their actions rather than relitigate the issues" settled by the Federal Circuit (Trina Solar (U.S.) v. U.S, CIT #s 22-00306, -00321) (Astronergy Solar v. U.S., CIT # 22-00308).
A petition from two importers for the Supreme Court to review whether the International Emergency Economic Powers Act allows for tariffs will be considered by the high court on Sept. 29. After briefing concluded on whether the Supreme Court should take up the case, the matter was distributed for the court's Sept. 29 conference, where it will determine which cases make up its October 2025 term (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
Importers Learning Resources and Hand2Mind urged the Supreme Court on Aug. 5 to take up their challenge to the legality of tariffs imposed under the International Emergency Economic Powers Act prior to their case being heard before the U.S. Court of Appeals for the D.C. Circuit on the grounds that the high court may need to do so to hear the case in tandem with the lead lawsuit on the IEEPA tariffs. The importers said the Solicitor General himself suggested this course of action (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
A total of 12 amicus briefs were filed at the U.S. Court of Appeals for the D.C. Circuit last week in conjunction with arguments from two importers challenging the legality of tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
All active judges at the U.S. Court of Appeals for the Federal Circuit on July 31 heard oral argument in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act. The 11 judges peppered counsel for the government and the parties challenging the tariffs, which include five importers and 12 U.S. states, with questions about whether the statute authorizes tariffs at all; whether there are limits to that tariff authority, should it exist; and whether the major questions or non-delegation doctrines strip IEEPA of its ability to convey tariff authority (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
The U.S. filed its reply briefs in a pair of appeals before the U.S. Court of Appeals for the 9th Circuit on whether challenges to the legality of tariffs imposed under the International Emergency Economic Powers Act belong in the Court of International Trade. Responding to arguments from the State of California and various members of the Blackfeet Nation indigenous tribe, the government said the case "arises out of" President Donald Trump's executive orders implementing the tariffs and the Harmonized Tariff Schedule, giving CIT exclusive jurisdiction under Section 1581(i) (State of California v. Trump, 9th Cir. # 25-3493) (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
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).
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