The U.S. District Court for the District of Columbia on June 3 stayed its decision finding that the International Emergency Economic Powers Act doesn't provide for tariffs, pending the government's appeal of the ruling to the U.S. Court of Appeals for the D.C. Circuit. Judge Rudolph Contreras said a stay is "appropriate to protect the President’s ability to identify and respond to threats to the U.S. economy and national security" (Learning Resources v. Trump, D.D.C. # 25-01248).
The U.S. District Court for the Northern District of California on June 2 said the Court of International Trade has exclusive jurisdiction via Section 1581(i) to hear California's challenge to all tariff action taken under the International Emergency Economic Powers Act. Judge Jacqueline Scott Corley said President Donald Trump's executive orders implementing the tariffs are laws of the U.S. for purposes of Section 1581(i), since they modify the Harmonized Tariff Schedule, and the law implementing the HTS, 19 U.S.C. 3004, says the HTS includes modifications made by the president (State of California v. Trump, N.D. Cal. # 3:25-03372).
Importer FCMT filed a trio of complaints at the Court of International Trade last week challenging CBP's appraisement of its apparel entries. In all three cases, the importer argued that CBP failed to use the products' transaction value to appraise the merchandise and that CBP engaged in an "arbitrary and fictitious appraisement" of the merchandise (FCMT v. United States, CIT #s 21-00242, -00243, -00247).
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).
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).
One of the lawyers representing five importers suing President Donald Trump over his emergency tariffs said that the president's approach to tariffs, constantly threatening various new rates, sometimes backing off, and sometimes not, isn't just a "menace to the economy," it also "is totally at odds with the rule of law."
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).