The FDA has barred Quality Poultry and Seafood (QPS) from importing food for five years, starting May 29, according to a notice published May 29. The agency said the company was convicted of a felony count under federal law related to importing an article of food into the U.S. QPS had been given the opportunity to request a hearing within a certain time frame but didn't, thus waiving its right to a hearing, the FDA said. The FDA described QPS as a Mississippi corporation operating in Biloxi as a wholesale supplier of poultry and seafood to restaurants, casinos and retail markets. QPS, along with co-conspirators, allegedly plotted to mislabel foreign seafood and sell it as local varieties.
Rep. Jodey Arrington, R-Texas, a member of the House Ways and Means Committee and chairman of the Budget Committee, reintroduced a bill that would allow the administration to impose Section 301 tariffs on goods made outside of China if they are made by Chinese firms.
The U.S. Court of Appeals for the Federal Circuit on May 29 issued an administrative stay of the Court of International Trade's decision to vacate all tariff executive orders issued by President Donald Trump under the International Emergency Economic Powers Act while the appellate court considers the government's emergency motion to stay the CIT decision (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
CBP issued the following releases on commercial trade and related matters:
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website May 28, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
CBP has released its May 28 Customs Bulletin (Vol. 59, No. 22). It contains one proposed ruling action, related to the tariff classification of molybdenum disulphide powder. It also includes one Court of International Trade slip opinion.
The International Emergency Economic Powers Act doesn't allow the president to impose tariffs, the U.S. District Court for the District of Columbia ruled on May 29. A day after the Court of International Trade vacated and permanently enjoined all the tariff executive orders issued under IEEPA by President Donald Trump, the D.C. court went a step further and categorically ruled that IEEPA doesn't include the power to impose tariffs (Learning Resources v. Trump, D.D.C. # 25-1248).
The District Court for the District of Columbia struck down all tariff action taken under the International Emergency Economic Powers Act a day after the Court of International Trade did the same. However, Judge Rudolph Contreras went farther than the trade court, holding on May 29 that IEEPA categorically doesn't include the power to impose tariffs.
The end of reciprocal tariffs and tariffs imposed over fentanyl smuggling from China, Canada and Mexico is on hold until an appellate court decides if the use of the International Emergency Economic Powers Act was illegal for those purposes.
The U.S. Court of Appeals for the Federal Circuit on May 29 stayed the Court of International Trade's decision to vacate all trade action taken by President Donald Trump under the International Emergency and Economic Powers Act while the appellate court considers the government's emergency stay motion of the trade court's ruling. Yesterday, the trade court vacated all of Trump's executive orders imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. The U.S. immediately filled for a stay of the decision at CIT and the Federal Circuit, arguing that such a ruling would "hamstring" U.S. foreign policy.