CBP has released its Sept. 10 Customs Bulletin (Vol. 59, No. 37), which includes the following ruling actions:
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 11-17, Aug. 18-24, Aug. 25-31 and Sept. 1-7:
The Court of International Trade on Sept. 8 dismissed exporter Pipe & Piling Supplies' case against the 2022-23 administrative review of the antidumping duty order on large diameter welded pipe from Canada, for lack of subject-matter jurisdiction. Judge Jane Restani said the company failed to notify the other interested parties of its lawsuit as required by the USMCA, as required by 19 U.S.C. 1516a(g)(3)(B), adding that this requirement is a jurisdictional one.
CBP has released its Sept. 3 Customs Bulletin (Vol. 59, No. 36), which includes the following ruling action:
Surety company U.S. Specialty Insurance Company argued in an Aug. 29 complaint at the Court of International Trade that CBP failed to use transaction value to value importer Cheer Rise's garment entries. Instead, the agency arbitrarily decided to use the "fall back method" of appraisal, "rendering the appraisement unlawful," the complaint said (U.S. Specialty Insurance Co. v. United States, CIT # 25-00188).
The Court of International Trade held that Section 1318(a) of the Trade Act of 1930, which lets the president grant duty-free treatment to certain goods "for use in emergency relief work," doesn't cover solar cells and modules. As a result, Judge Timothy Reif vacated the Commerce Department's duty "pause" on collection of antidumping duties and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam that were set to be collected from the four countries due to an anti-circumvention proceeding.
President Donald Trump said that the administration will petition the Supreme Court on Sept. 3 to make an "expedited ruling" on the legality of tariffs he imposed on every country through the International Emergency Economic Powers Act.
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said President Donald Trump exceeded his authority under the International Emergency Economic Powers Act by imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. Declining to address whether IEEPA categorically provides for tariffs, though spilling much ink on the topic, a majority of the court held that IEEPA doesn't confer unbounded tariff authority (V.O.S. Selections v. Donald J. Trump, Fed. Cir. #s 25-1812, -1813).
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said the president doesn't have unlimited tariff authority under the International Emergency Economic Powers Act. Seven of the court's 11 total justices presiding over the case affirmed the Court of International Trade's conclusion that President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico meant to combat the flow of fentanyl exceed the president's authority under IEEPA.
Fariha Kabir, a former international trade litigation attorney at CBP, has left the agency to join Faegre Drinker as an associate, she announced on LinkedIn. Kabir had worked at CBP since 2021, helping with the litigation of customs matters before the Court of International Trade and U.S. Court of Appeals for the Federal Circuit, including cases on tariff classification and value, the exclusion or detention of import entries, and CBP regulations.