Court of International Trade

A Court of International Trade ruling that overturned President Trump’s International Emergency Economic Powers Act tariffs is fatally flawed and must be reversed by appellate judges, the Justice Department is arguing, saying the lower court misread the statute’s “clear” language in holding the duties unlawful and overstepped its authority by vacating them nationwide. DOJ filed a formal opening brief in its appeal of the CIT decision late on June 24, laying out the administration’s most complete argument yet for why...

A think tank led by allies of President Trump including his first-term trade representative says courts can uphold tariffs that he announced under the International Emergency Economic Powers Act without actually addressing the scope of that law because they fit “like a glove” with language in Section 338 of the Tariff Act of 1930, which authorizes duties of up to 50 percent in response to “discrimination” against U.S. exports. The America First Policy Institute on Tuesday filed an amicus brief...

The Justice Department disputes an importer’s claim at the U.S. Court of International Trade that changes to the de minimis tariff exception cannot be made by executive action alone, arguing that the International Emergency Economic Powers Act authorizes the president to override “privileges” created by other statutes. Detroit Axle, a Michigan company that sells Chinese-made auto parts, in May sued the Trump administration after it ended de minimis benefits for goods from China valued at $800 or less. The company...

A pair of educational toy companies has asked the Supreme Court to quickly take up a review of whether the International Emergency Economic Powers Act provides the president with authority to impose tariffs, arguing the question is too urgent to wait for ongoing appeals to play out. The companies, Learning Resources and hand2mind, in May won a favorable ruling from the U.S. District Court for the District of Columbia in a challenge to President Trump’s use of IEEPA to impose...

A Nevada importer that launched a class-action lawsuit seeking refunds for “all people” who have paid tariffs imposed by President Trump under the International Emergency Economic Powers Act has dropped its case, according to a new filing. Chapter1 LLC, described in court filings as “start-up skincare company,” filed the suit at the U.S. Court of International Trade late last month, just a day after a three-judge CIT panel issued a decision overturning Trump’s IEEPA tariffs -- a decision later stayed...

The Court of International Trade is pausing two challenges to President Trump’s International Emergency Economic Powers Act tariffs that were not part of a decision last month when CIT judges declared the duties unlawful, denying plaintiffs’ bid to take part in the appeal of that ruling alongside a coalition of small businesses and Democratic attorneys general. In separate, single-sentence orders issued June 16, CIT stayed both of its still-pending IEEPA cases “pending a final, unappealable decision” in the joint litigation...

A Nevada importer has launched a class-action suit that would mandate refunds for “all people” who have paid tariffs that President Trump imposed under the International Emergency Economic Powers Act, following on the Court of International Trade’s recent ruling that the duties are unlawful. Just one day after a three-judge CIT panel handed down its May 28 decision overturning Trump’s IEEPA tariffs, a “start-up skincare company” called Chapter1 LLC filed its own suit seeking repayment of not only a $26,911...

The U.S. Court of Appeals for the Federal Circuit is keeping President Trump’s International Emergency Economic Powers Act tariffs in effect until a final decision on their legality is made, teeing the litigation up for oral argument before the full 12-judge court on July 31 – weeks after the administration hopes to complete a series of trade deals using the tariffs as leverage. The Federal Circuit issued an order late on June 10 staying the Court of International Trade’s ruling...

The Trump administration and a group of 33 Democratic senators are laying out starkly different views of whether a court ruling striking down President Trump’s “emergency” tariffs will aid or damage U.S. diplomacy, filing dueling briefs on Monday over the White House’s bid to keep the duties in effect while it appeals that decision. At least one European Union negotiator has already said the CIT decision creates “extra leverage” for the EU in trade talks, the Justice Department said in...

Tribal members suing over International Emergency Economic Powers Act tariffs are pointing to public statements from President Trump and other top officials touting income the duties could create for the federal government as a reason to keep their case out of the Court of International Trade because it has no authority over tariffs imposed “for the purpose of raising revenue.” Plaintiffs in the case known as Webber, et al., v. Trump filed an opening brief June 9 with the U.S...