CIT Denies TRO Bid Against Liquidation in IEEPA Tariff Refund Cases
The Court of International Trade on Dec. 18 denied an application for a temporary restraining order against the liquidation of entries made by various companies represented by Grunfeld Desiderio seeking refunds of tariffs imposed under the International Emergency Economic Powers Act (Strato Technology Solutions v. United States, CIT Consol. # 25-00322).
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Judges Gary Katzmann, Timothy Reif and Jane Restani said in a text-only order that the TRO application is denied for the same reasons the three judges rejected a separate preliminary injunction motion in another group of cases seeking IEEPA tariff refunds (see 2512150029). In that decision, the court said no injunction was needed, since the court has the authority to order reliquidation of finally liquidated entries in Section 1581(i) cases, adding that the U.S. isn't contesting the power and is barred from changing its position in the future.
The Grunfeld attorneys argued that a pause of liquidation is needed while the Supreme Court mulls the lead case on the legality of IEEPA tariffs, since the court's authority to order reliquidation is unsettled (see 2512170053).