Chapter1, a small Nevada-based importer represented by boutique litigation firm Gerstein Harrow, filed a case at the Court of International Trade on May 29 seeking class certification for all importers that have paid tariffs recently invalidated by the trade court. The suit, if successful in challenging the tariffs and establishing class certification, would provide refunds for all companies that have paid tariffs imposed under the International Emergency Economic Powers Act (Chapter1 v. United States, CIT # 25-00097).
The U.S. Court of Appeals for the Federal Circuit on May 29 issued an administrative stay of the Court of International Trade's decision to vacate all tariff executive orders issued by President Donald Trump under the International Emergency Economic Powers Act while the appellate court considers the government's emergency motion to stay the CIT decision (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The International Emergency Economic Powers Act doesn't allow the president to impose tariffs, the U.S. District Court for the District of Columbia ruled on May 29. A day after the Court of International Trade vacated and permanently enjoined all the tariff executive orders issued under IEEPA by President Donald Trump, the D.C. court went a step further and categorically ruled that IEEPA doesn't include the power to impose tariffs (Learning Resources v. Trump, D.D.C. # 25-1248).
CBP wasn't required to make a scope referral to the Commerce Department in its antidumping duty evasion case against importer Vanguard Trading Co., since CBP properly exercised its authority in determining that Vanguard's products were under the scope of the relevant AD order, the Court of International Trade held in a decision made public May 27.
The Court of International Trade on May 27 entered default judgment against importer Rayson Global and its owner Doris Cheng in a customs penalty case after previously denying the government's bid for default judgment. In its second attempt to secure default judgment, the U.S. further defended its claim that the merchandise at issue is valued at nearly $3.4 million (United States v. Rayson Global, CIT # 23-00201).
The U.S. filed another defense of tariff action taken under the International Emergency Economic Powers Act last week at the Court of International Trade, more fulsomely embracing the notion that the president needs tariff-setting authority under IEEPA to address a host of foreign policy issues. Opposing a group of 11 importers' motion for judgment against the reciprocal tariffs and IEEPA tariffs on China, the government argued that "the success of the Nation" in "navigating and addressing a range of extremely consequential threats" is "built off the dispatch and unitary nature of the executive, girded by necessary tools," including IEEPA tariffs (Princess Awesome v. CBP, CIT # 25-00078).
The U.S. District Court for the District of Columbia on May 27 heard arguments concerning the government's motion to transfer a case challenging International Emergency Economic Powers Act tariffs to the Court of International Trade and two importers' bid for a preliminary injunction against the tariffs. Judge Rudolph Contreras asked the government about what remedy the court could impose should it find for the plaintiffs and about the merits of the importers' claim that IEEPA doesn't provide for tariffs (Learning Resources, Inc. v. Donald J. Trump, D. D.C. # 25-01248).
The Court of International Trade on May 23 dismissed Wisconsin man Gary Barnes' case against the ability of the president to impose tariffs. Judge Jennifer Choe-Groves held that Barnes didn't have standing because he failed to claim that any harm he would suffer by tariffs imposed by President Donald Trump is "particularized" or "actual or imminent."
The U.S. District Court for the Eastern District of New York on May 16 issued a temporary restraining order against two logistics companies, barring them from using the U.S. Postal Service to ship packages with counterfeit postage.
Letex Apparels, a Hong Kong trading company, filed suit in the U.S. District Court for the Central District of California alleging that CBP negligently seized or forfeited 26,016 of the company's imported garments valued at $460,743.36. The company argued that, in handling its merchandise, CBP failed to "exercise due care" in handling the goods and violated the company's Fourth Amendment right against unreasonable seizure, the Administrative Procedure Act and a federal rule of criminal procedure requiring the return of property held by the government that isn't needed for evidentiary purposes (Letex Apparels Co. v. United States, C.D. Cal. # 2:25-04462).