The U.S. District Court for the District of Columbia on June 3 stayed its decision finding that the International Emergency Economic Powers Act doesn't provide for tariffs, pending the government's appeal of the ruling to the U.S. Court of Appeals for the D.C. Circuit. Judge Rudolph Contreras said a stay is "appropriate to protect the President’s ability to identify and respond to threats to the U.S. economy and national security" (Learning Resources v. Trump, D.D.C. # 25-01248).
The U.S. District Court for the Northern District of California on June 2 said the Court of International Trade has exclusive jurisdiction via Section 1581(i) to hear California's challenge to all tariff action taken under the International Emergency Economic Powers Act. Judge Jacqueline Scott Corley said President Donald Trump's executive orders implementing the tariffs are laws of the U.S. for purposes of Section 1581(i), since they modify the Harmonized Tariff Schedule, and the law implementing the HTS, 19 U.S.C. 3004, says the HTS includes modifications made by the president (State of California v. Trump, N.D. Cal. # 3:25-03372).
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 30, 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 2520 on May 31, containing 11 Automated Broker Interface records and three Harmonized Tariff Schedule records. HSU 2520 includes the extension of Section 301 Exclusions 9903.88.69 and 9903.88.70 to Aug. 31 and a partner government agency update.
CBP's Commercial Customs Operations Advisory Committee will be holding its quarterly meeting on June 18 in Washington, D.C., according to a Federal Register notice.
An importer is liable for duties on merchandise that it sought to import in 2019, despite arguing that it didn't consent to having its broker designate it as an importer of record, according to a recent CBP ruling.
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 District Court for the District of Columbia on June 3 stayed its decision finding that the International Economic Emergency Powers Act doesn't confer tariff-setting authority and declaring that all tariff action taken under IEEPA is illegal. Judge Rudolph Contreras suspended his preliminary injunction on the collection of the tariffs from the plaintiffs, two small importers, as well as the "accompanying memorandum opinion," which said IEEPA doesn't provide for tariffs. The ruling is stayed pending the government's appeal of the decision to the U.S. Court of Appeals for the D.C. Circuit. The judge said a stay is "appropriate to protect the President’s ability to identify and respond to threats to the U.S. economy and national security."
Steel and aluminum and their derivatives will be subject to 50% tariffs, not 25% tariffs, President Donald Trump wrote in a proclamation. The changes take effect at 12:01 a.m. June 4.