International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The U.S. Court of Appeals for the Federal Circuit on June 10 stayed the Court of International Trade's permanent injunction on all of President Donald Trump's executive orders implementing tariffs under the International Emergency Economic Powers Act pending the appeal of the case. In a per curium order, all CAFC judges in regular active service said "a stay is warranted under the circumstances." In addition, the court said all active judges will hear the case, as opposed to the court's traditional three-judge panel approach, in light of the "issues of exceptional importance" presented by the matter.
Importer Hellbender filed a complaint at the Court of International Trade on June 6 arguing that its electronic components are of Taiwanese origin, not Chinese origin, and are thus exempt from Section 301 duties (Hellbender v. United States, CIT # 24-00104).
The importers challenging the tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act requested that the U.S. Court of Appeals for the Federal Circuit reject the government's bid for an emergency stay, telling the appellate court that the importers will be irreparably harmed by the stay while the president "is not harmed by the denial of authority he does not legally possess" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
CBP has released its June 4 Customs Bulletin (Vol. 59, No. 23). While it contains no ruling notices, it includes five Court of International Trade slip opinions.
Joseph Barloon, who was a general counsel at the Office of the U.S. Trade Representative during Donald Trump's first term, told Sen. Maria Cantwell, D-Wash., that he believes in rules-based trade.
The following lawsuits were filed at the Court of International Trade during the weeks of May 19-25 and May 26 - June 1:
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).
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.