US Again Urges CIT to Reject Injunction Bids in IEEPA Tariff Cases
The U.S. on Dec. 29 filed responses to various motions for preliminary injunctions in cases challenging tariffs imposed under the International Emergency Economic Powers Act, arguing that the Court of International Trade's decision in AGS Company Automotive Solutions v. U.S. Customs and Border Protection settles the issue.
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In AGS, the trade court rejected Crowell & Moring's bid for a preliminary injunction against the liquidation of entries at issue in various IEEPA tariff cases, finding that the court has the authority to order refunds even of finally liquidated entries (see 2512150029). The court said it has the inherent authority in Section 1581(i) cases to order reliquidation, noting that the government isn't contesting the court's ability to order refunds and that the U.S. is barred from changing its position in the future.
Despite the AGS decision, and another decision from CIT to deny an application for a temporary restraining order against liquidation of affected entries, some importers have persisted in filing motions for preliminary injunctions. The U.S. said that in light of the trade court's decisions thus far in IEEPA tariff cases and the government's "identical position here" that it won't contest CIT's ability to order refunds, "the key premise of plaintiff’s motion for preliminary injunction dissolves."