Court of International Trade

A Michigan-based auto parts importer is again asking the Court of International Trade to revive the de minimis tariff exemption for packages worth $800 or less, saying President Trump’s July order scrapping the program for all U.S. trading partners defied a “clear command” from Congress to maintain it into 2027 as part of this summer’s reconciliation law. Detroit Axle, which first sued over Trump’s wind-down of de minimis for Chinese shipments in May, filed a motion to reopen its case...

A small-business coalition suing over President Trump’s International Emergency Economic Powers Act tariffs is urging the Supreme Court to take up the case even after appellate judges ruled in its favor, saying it is “essential” for the high court to deliver a final decision on the tariffs’ legality as soon as possible. “This case of undoubted importance requires resolution by this Court,” reads a Sept. 5 filing by private plaintiffs in the consolidated IEEPA suit known as V.O.S. Selections, et...

The Justice Department is asking federal appeals courts to freeze litigation over President Trump’s International Emergency Economic Powers Act tariffs now that a parallel case has reached the Supreme Court, but one of the panels is saying it will only consider doing so if and when the high court actually commits to reviewing the tariffs. On Sept. 4, DOJ filed motions seeking stays on three IEEPA cases: one in the U.S. Court of Appeals for the DC Circuit and two...

The Trump administration and the businesses and states challenging its International Emergency Economic Powers Act tariffs hope to dramatically accelerate an expected Supreme Court review of the case, proposing to the high court a schedule that would set up a final decision as soon as the end of the year, the Justice Department said in a filing late Wednesday. The Justice Department submitted its proposed schedule as part of a formal request for the justices to review and eventually overturn...

Litigation over President Trump’s International Emergency Economic Powers Act tariffs could move to the Supreme Court as soon as this week as the administration seeks to reverse a series of decisions declaring them illegal, but a trade lawyer says even a ruling striking down the tariffs could leave major uncertainties for importers who have already paid the duties. “That would be a tremendous headache,” Lenny Feldman, managing partner at the law firm Sandler, Travis & Rosenberg, told Inside U.S. Trade...

The landmark appellate decision rejecting President Trump’s International Emergency Economic Powers Act tariffs also represents a fresh defeat for challengers who have filed suit over the duties outside the Court of International Trade, as it includes a unanimous finding that CIT has exclusive authority over the litigation. Although the U.S. Court of Appeals for the Federal Circuit split 7-4 on whether to uphold CIT’s decision that the tariffs on Canada, China, Mexico and U.S. trading partners generally go beyond what...

Last week’s court ruling against President Trump’s “emergency” tariffs is a “hiccup” that will not derail the administration’s pursuit of new deals or the use of tariffs to advance its trade policy, U.S. Trade Representative Jamieson Greer said on Sunday. The U.S. Court of Appeals for the Federal Circuit on Friday ruled that the International Emergency Economic Powers Act does not authorize tariffs Trump has imposed on nearly all U.S. trading partners because of what the president has deemed national...