The following lawsuits were filed at the Court of International Trade during the week of April 28 - May 4:
The Court of International Trade on May 2 held that importer BASF's fish oil ethyl ester concentrates "maintain the essence of fish" and are thus "extracts of fish" under Harmonized Tariff Schedule heading 1603 and not "food preparations" under heading 2106.
CBP has released its April 30 Customs Bulletin (Vol. 59, No. 18). While it contains no ruling notices, it does include four Court of International Trade slip opinions.
Hogan Lovells lawyers, speaking to an audience from the Massachusetts Export Center, said that conservative Supreme Court justices' desire to curtail executive decision-making through the "major questions doctrine" could put a stop to tariffs on countries around the world levied via the International Emergency Economic Powers Act, or IEEPA.
The following lawsuits were filed at the Court of International Trade during the weeks of March 17-23, March 23-30, March 31 - April 6, April 7-13, April 14-20 and April 21-27:
CBP unlawfully detained 11 shipments of honey from importer Tri State Honey and held the entries for "nearly a year without explanation or justification," the importer argued in an April 29 complaint at the Court of International Trade. Seeking at least $4 million in damages along with attorney's fees, Tri State Honey said CBP violated its "due process rights" by failing to disclose the reasons for the detention of its honey and the evidence as to the honey's country of origin (Tri State Honey v. United States, CIT # 25-00080).
The U.S. offered its most fulsome defense of President Donald Trump's reciprocal tariffs to date, submitting a reply to a group of five importers' motion for a preliminary injunction and summary judgment at the Court of International Trade on April 29. The government argued that the text, context, history and purpose of the International Emergency Economic Powers Act lets the president impose tariffs and that IEEPA doesn't confer an unconstitutional delegation of authority to the president (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
Former U.S. Trade Representative Robert Lighthizer, who served in that role in President Donald Trump's first term, told an audience at the Council on Foreign Relations that he thinks "there’s a reasonable chance the CIT would enjoin" tariffs levied under the International Emergency Economic Powers Act, or IEEPA. Trump used IEEPA to levy 25% tariffs on Canada and Mexico over fentanyl and migration, as well as 20% tariffs on China over fentanyl, and used it to levy 10% tariffs on countries other than those three, and an additional 125% tariffs on Chinese goods.
CBP has released its April 23 Customs Bulletin (Vol. 59, No. 17). While it contains no ruling notices, it does include one Court of International Trade slip opinion.
The Pacific Legal Foundation, the libertarian legal advocacy group that recently brought a case against the legality of tariffs imposed under the International Emergency Economic Powers Act on behalf of 11 importers, has had "preliminary" talks with the other advocacy groups that have brought cases challenging the tariffs on whether to proceed with separate cases. Molly Nixon, attorney at the foundation, told us she's "in touch" with the two other groups who have brought cases against the tariffs, the New Civil Liberties Alliance and the Liberty Justice Center, but that nothing is confirmed about whether the groups will combine cases.