Five importers challenging the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority plan to file a motion for a preliminary injunction in the coming days, counsel for the companies told us. Jeffrey Schwab, senior counsel at the Liberty Justice Center, said the PI bid will request an injunction on the collection of all tariffs issued under the IEEPA.
The conservative Liberty Justice Center brought a lawsuit on behalf of five importers to challenge the constitutionality of the International Emergency Economic Powers Act as a source of tariff-setting authority. The complaint, filed April 14 at the Court of International Trade, makes two claims: President Donald Trump's "reciprocal" tariffs exceed the president's statutory authority under IEEPA and, even if this statutory authority exists, it's an "unconstitutional delegation of legislative authority" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The Senate Finance Committee held a confirmation hearing on April 10 for William Kimmitt to serve as undersecretary of commerce for international trade. In this role, Kimmitt would lead the International Trade Administration, the wing of the Commerce Department tasked with enforcing antidumping and countervailing duty laws.
Counsel for two members of the Blackfeet Nation tribe that recently filed a lawsuit against the recent tariff action taken by President Donald Trump told us that she believes jurisdiction to be proper in the U.S. District Court for the District of Montana. Monica Tranel, the attorney for Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also said that she believes she can obtain a preliminary injunction against the spate of tariffs recently imposed on Canada due to the size of the harm to the agriculture and tourism industry in western Montana.
CBP improperly declined to accept the proper valuation of various iron and steel products imported by NOA Brands America, the importer argued in an April 10 complaint at the Court of International Trade (NOA Brands America v. United States, CIT # 23-00109).
Two members of the Blackfeet Nation tribe filed a lawsuit in the U.S. District Court for the District of Montana against various tariff actions by President Donald Trump, arguing that Trump's use of the International Emergency Economic Powers Act is an "unconstitutional exercise of congressional authority." The individuals, Montana state Sen. Susan Webber and rancher Jonathan St. Goddard, also claimed that Trump's tariff orders unconstitutionally deprived them of procedural due process and are "void for vagueness."
Members of the Senate Agriculture Committee on April 8 pressed Stephen Vaden, nominee for USDA deputy secretary, on how President Donald Trump's slew of tariff action will impact USDA and agriculture issues.
China opened a dispute at the World Trade Organization on April 8 on the U.S. reciprocal tariffs, claiming that the duties violate the General Agreement on Tariffs and Trade (GATT) 1994, the Agreement on Customs Valuation and the Agreement on Subsidies and Countervailing Measures. China's challenge covers the 34% additional tariff on Chinese imports that is set to take effect April 9, along with the 10% duty on imports from all trading partners, which took effect on April 5.
The Court of International Trade on April 8 rejected Georgia woman Skeeter-Jo Stoute-Francois' challenge to four questions on the October 2021 customs broker license exam. Judge Lisa Wang held that for three of the questions, Stoute-Francois formulated her own "factual scenarios" in arguing that there wasn't enough information to select the correct answer. For the remaining question, Wang said CBP's correct answer choice was backed by substantial evidence.
Canada filed a dispute consultation request with the U.S. at the World Trade Organization on April 7, alleging that the U.S. government's 25% additional tariff on automobiles and automobile parts violate WTO obligations. The request said the duties "appear to be inconsistent with" U.S. obligations under Articles II and VIII of the General Agreement on Tariffs and Trade 1994.