The U.S. filed its reply brief in the lead case on the legality of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act, arguing, among other things, that the Court of International Trade doesn't have the power to issue a nationwide injunction vacating the tariffs and that IEEPA plainly allows the president to impose tariffs (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
Orange juice importers Johanna Foods and Johanna Beverage Company took to the Court of International Trade on July 18 to get declaratory and injunctive relief from President Donald Trump's threatened 50% tariffs on Brazilian goods. The importers argued that the tariffs, which are set to come into effect on Aug. 1, exceed Trump's authority under the International Emergency Economic Powers Act and represent an unconstitutional delegation of power (Johanna Foods v. United States, CIT # 25-00155).
The Court of International Trade on July 18 granted the government's motion for default judgment against importer Rayson Global and its owner Doris Cheng for negligently failing to pay ordinary, Section 301 and antidumping duties on its innerspring entries. Judge Timothy Stanceu granted the motion, after previously rejecting it for insufficiently pleaded facts, ordering Rayson and Cheng to pay a nearly $3.4 million penalty and all unpaid duties, taxes and cash deposits on the unliquidated entries in the case (U.S. v. Rayson Global, Inc. and Doris Cheng, CIT # 23-00201).
The U.S. opposed two importers' bid to have the Supreme Court hear their challenge to the president's ability to impose tariffs under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit has a chance to hear the case. The government argued that the high court shouldn't step in before either the D.C. Circuit or the U.S. Court of Appeals for the Federal Circuit has had a chance to address the claims against the IEEPA tariffs, particularly since both courts are hearing the appeals on very expedited timelines (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
The U.S. opened a customs penalty suit against surety company XL Specialty Insurance on July 17, seeking over $3.6 million in unpaid duties and interested owed on customs bonds. The government said XL "materially breached the terms of the subject bonds" by refusing to pay following CBP's demand for payment (United States v. XL Specialty Insurance, CIT # 25-00154).
CBP has released its July 16 Customs Bulletin (Vol. 59, No. 29). While it contains no ruling notices, it includes three Court of International Trade slip opinions.
The following lawsuits were filed at the Court of International Trade during the week of July 7-13:
The Court of International Trade on July 10 heard oral argument in importer Detroit Axle's case against President Donald Trump's decision to end the de minimis exemption for Chinese goods. Judges Gary Katzmann, Timothy Reif and Jane Restani pressed counsel for both the U.S. and the importer on whether the International Emergency Economic Powers Act enables the president to take such action, given the specific language at play in both IEEPA and 19 U.S.C. 1321, the de minimis statute (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
CBP has released its July 9 Customs Bulletin (Vol. 59, No. 28), which includes the following ruling actions:
The following lawsuits were filed at the Court of International Trade during the week of June 30 - July 6: