The 12 states that recently launched a lawsuit against all tariff action taken by President Donald Trump under the International Emergency Economic Powers Act will begin working on a preliminary injunction motion against the tariffs "in the near future," Oregon Attorney General Dan Rayfield told us. Rayfield was confident in the prospect of being able to show that Oregon and its many public institutions will suffer "irreparable harm" without the injunction and that a judge will be willing to question the validity of Trump's declaration that bilateral trade deficits amount to an "unusual and extraordinary" threat.
Twelve U.S. states, led by Oregon, filed a lawsuit at the Court of International Trade challenging President Donald Trump's ability to impose tariffs using the International Emergency Economic Powers Act. The complaint contests all of Trump's tariff orders issued under IEEPA as a violation of both the statutory authority conveyed by IEEPA and the Constitution's principle of separation of powers. The suit, filed by Oregon Attorney General Dan Rayfield, also challenges CBP's series of Cargo Systems Messaging Service notices implementing the tariffs under the Administrative Procedure Act.
Hoshine Silicon (Jia Xiang) Industry Co. has constitutional and statutory standing to challenge a withhold release order on silica-based products made by its parent company, Hoshine Silicon, or its subsidiaries, the Court of International Trade held in a decision made public April 22. However, Judge Claire Kelly dismissed Jiaxing Hoshine's claim against CBP's issuance of the WRO for being untimely, finding that it was brought after the statute of limitations had run out.
The Court of International Trade denied a motion from five importers to put an emergency block on President Donald Trump’s reciprocal tariffs, in an order issued late on April 22. CIT Judges Jane Restani, Gary Katzmann and Timothy Reif ruled the five importers haven’t shown that “immediate and irreparable harm” would result from not issuing a temporary restraining order while the court considers the importers’ request for a longer-lasting preliminary injunction.
Mexican President Claudia Sheinbaum said last week that Mexico can impose duties on U.S imports of chicken and pork legs in response to the U.S. Commerce Department’s notice that it will be ending the 2019 suspension of Mexican tomato duties. Her government is conducting antidumping investigations on both meat products, she noted.
CIT Says Several Components, Finishing Work for Sinks Shouldn't Have Been Included in Dutiable Value
The value of sink components and finishing work that either (1) wasn’t covered under the relevant antidumping duty and countervailing duty orders, or, (2) didn’t originate in China, shouldn’t have been included in the sinks’ dutiable value because the orders' language didn't specifically include them, Court of International Trade Judge Jennifer Choe-Groves ruled April 21. However, packaging costs should have been, she said.
The Court of International Trade cannot order the reliquidation of finally liquidated entries except where a protest has been filed or a civil action has been filed challenging an antidumping duty or countervailing duty determination, the U.S. Court of Appeals for the Federal Circuit held on April 21. Judges Richard Taranto and Raymond Chen held that the statute, 19 U.S.C. 1514, doesn't let the trade court order reliquidation based on equitable considerations.
The U.S. Court of Appeals for the Federal Circuit on April 21 held to a strict interpretation of the principle of finality of liquidation, ruling that the Court of International Trade can't consider equitable reasons for ordering reliquidation of finally liquidated entries. Judges Richard Taranto and Raymond Chen said the trade court can't order reliquidation beyond the statutory exceptions, which specifically refer to filing a protest with CBP or a civil action at the trade court. Judge Jimmie Reyna dissented from the ruling, arguing that the majority misapprehends CBP's protest procedures and improperly limits "CIT’s authority to enforce its judgments to a level that is inferior" to the full authority of an Article III court.
CBP has released its April 16 Customs Bulletin (Vol. 59, No. 16). It contains one ruling action, related to the tariff classification of Cub Cadet Utility Vehicles. It also includes four Court of International Trade slip opinions.
The state of California opened a lawsuit in the District Court for the Northern District of California on April 16 against President Donald Trump's ability to use the International Emergency Economic Powers Act to impose tariffs. The two-count complaint claims that Trump acted beyond his statutory authority granted by IEEPA to impose the "reciprocal" tariffs and the tariffs on China, Canada and Mexico, and that Trump's tariff actions usurp legislative authority in violation of the U.S. Constitution (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).