The following lawsuits were filed at the Court of International Trade during the week of May 5-11:
A bill being considered in the House Ways and Means Committee that would extend Trump tax cuts that would otherwise expire at the end of the year is looking to international trade to pay for part of the cost of income tax reductions. The bill also adds new tax breaks, such as on overtime pay and tips.
The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
The Commerce Department has published amended final results of the antidumping duty administrative review on certain crystalline silicon photovoltaic products from China (A-570-010), originally published Sept. 8, 2023, to align with the final decision in a court case that challenged a rate in those results.
CBP has released its May 7 Customs Bulletin (Vol. 59, No. 19). While it contains no ruling notices, it includes nine Court of International Trade slip opinions and five U.S. Court of Appeals decisions.
The U.S. Court of Appeals for the Federal Circuit on May 9 upheld the Court of International Trade's classification of 14 mixtures of frozen fruits and vegetables under Harmonized Tariff Schedule subheading 0811.90.80, the residual category for "other" frozen fruit.
CBP cannot unilaterally decide to reliquidate entries that were erroneously liquidated while subject to a suspension order from the Court of International Trade, the trade court held on May 8. Judge Gary Katzmann said an "enjoined party is not empowered to choose and implement the remedy for its own violations of an injunction," writing that that power is the court's alone.
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.