US Says CIT Decision Denying TRO Bid on IEEPA Tariffs Affirms Trade Court's Jurisdiction
The U.S. said the Court of International Trade's recent decision denying five companies' application for a temporary restraining order against the "reciprocal" tariffs issued under the International Emergency Economic Powers Act affirms the trade court's exclusive jurisdiction to hear cases related to IEEPA tariffs. Filing a notice of supplemental authority in a case filed in the U.S. District Court for the District of Montana challenging various IEEPA tariffs, the government said any decision from the Montana court to retain jurisdiction "would necessarily contradict" the trade court's decision (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
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On April 22, the trade court denied the TRO application, finding that the companies failed to show a likelihood that they would suffer "irreparable harm" before the court could consider the companies' motion for a preliminary injunction against the tariffs (see 2504210050). In the Montana case, the U.S. has filed a motion to transfer the matter to CIT, arguing that the trade court has exclusive jurisdiction to hear matters relating to the IEEPA tariffs (see 2504170011).
If the Montana court were to keep the case, it would "counter the 'uniformity and consistency' of tariffs required by the Constitution and Congress' statutory design," the U.S. said.