As the U.S. Court of Appeals for the Federal Circuit mulls the government's emergency stay motion against a Court of International Trade decision permanently enjoining tariffs issued under the International Emergency Economic Powers Act, five different groups of amici filed briefs at the appellate court either attacking or defending the trade court's ruling.
The parties contesting the government's emergency stay motion at the U.S. Court of Appeals for the Federal Circuit of the Court of International Trade's ruling on the president's use of the International Emergency Economic Powers Act tariffs "mischaracterize" statements made by administration officials on the effect of the CIT's ruling, the U.S. said. Responding to claims from 12 U.S. states and a group of importers, the government argued that the trade court's injunction against the IEEPA tariffs is "legally untenable and risks irreparable economic and national-security harms" (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 June 9, 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 created Harmonized System Update 2522 on June 6, containing 52 Automated Broker Interface records and 20 Harmonized Tariff Schedule records. HSU 2522 includes the correction to the query in HSU 2521 (see 2506040065) for the Section 232 aluminum and steel tariff adjustments that went into effect June 4 (see 2506090008).
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.
U.S. domestic manufacturers voiced lukewarm support for trade action, but unanimous concern about the potential scope of the investigation on Section 232 tariffs on imports of critical minerals, in public comments to the Bureau of Industry and Security.
Joshua Kurland, senior trial counsel at DOJ, said on LinkedIn that he's leaving the department after working as a trial attorney for nearly 16 years. Kurland has worked as senior trial counsel since 2009, representing the government at litigation on "international trade, appeals, Government contracts, and administrative law disputes."
China is reviewing export license applications for rare earths "in accordance with laws and regulations," a Commerce Ministry spokesperson said in response to concerns from other countries that China is curbing those exports. China "has approved a certain number of compliant applications in accordance with the law, and will continue to strengthen the approval of compliant applications," the spokesperson said at a press conference with reporters, according to an unofficial translation. "China is willing to further strengthen export control communication and dialogue with relevant countries in this regard to promote convenient and compliant trade."