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).
The Trump-aligned America First Legal Foundation appeared as an amicus in a second case filed in a U.S. district court challenging the imposition of tariffs under the International Emergency Economic Powers Act to defend the government's bid to transfer the cases to the Court of International Trade. In both cases, the foundation said it's providing the court with "another basis for transfer" to CIT (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The Court of International Trade on April 24 assigned a case from 12 U.S. states challenging all tariff action taken under the International Emergency Economic Powers Act to Judges Gary Katzmann, Timothy Reif and Jane Restani -- the same three judges assigned to another suit challenging IEEPA trade action (The State of Oregon, et al. v. Donald J. Trump, CIT # 25-00077).
A group of constitutional scholars, lawyers, retired federal judges and former U.S. senators and politicians filed an amicus brief at the Court of International Trade in the case on President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs. The amici, led by former Virginia senator and governor George Allen, argued that IEEPA "cannot bear [the] weight" of Trump's trade action, adding that the statute only permits "limited and targeted actions under narrow conditions" and not "sweeping economic realignment" (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
The 12 states that recently launched a lawsuit against all tariff action taken by President Donald Trump under the International Emergency Economic Powers Act will begin working on a preliminary injunction motion against the tariffs "in the near future," Oregon Attorney General Dan Rayfield told us. Rayfield was confident in the prospect of being able to show that Oregon and its many public institutions will suffer "irreparable harm" without the injunction and that a judge will be willing to question the validity of Trump's declaration that bilateral trade deficits amount to an "unusual and extraordinary" threat.
The following lawsuits were filed recently at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on April 21 issued its mandate after finding in February that CBP didn't need to refer the question of whether petitioner CP Kelco still made oilfield xanthan gum to the Commerce Department in an antidumping duty evasion case. The appellate court said the evidence didn't support such a referral and, in any case, the referral would only apply to future merchandise and not the goods subject to the evasion case (see 2502270018). The Federal Circuit also said CBP permissibly used adverse inferences against the manufacturers of the subject xanthan gum given their failure to submit requested information, notwithstanding the full participation of the importers subject to the proceeding (All One God Faith v. United States, Fed. Cir. # 23-1078).
The Court of International Trade in an April 22 confidential decision remanded the International Trade Commission's injury determination on phosphate fertilizer from Morocco and Russia. A docket entry from the court said on remand the ITC can "take new evidence, reconsider existing evidence, or take any other action allowed by its procedures" to reach a conclusion supported by substantial evidence (OCP v. United States, CIT Consol. # 21-00219).
The Montana Farmers Union moved to intervene in a case brought by four members of the Blackfeet Nation indigenous tribe challenging various trade action taken by President Donald Trump in the U.S. District Court for the District of Montana. The agriculture trade group said it qualifies for intervention as a "matter of right," alternatively arguing that the court should permit the group to intervene even if it doesn't have the right to intervene (Susan Webber v. U.S. Department of Homeland Security, D. Mont. # 4:25-00026).
The Commerce Department reasonably used adverse facts available against respondent Kumar Industries for failing to respond to the best of its ability in demonstrating that it's not affiliated with two unnamed companies, the Court of International Trade held on April 23. Judge Gary Katzmann held that Commerce's request for information on the alleged affiliations "should not have come as a surprise," adding that it's the respondent's burden to sufficiently populate the record.