A group of constitutional scholars, legal historians, a former appellate judge, a former attorney general and three former U.S. senators urged the Supreme Court on July 17 to take up two importers' case against the legality of tariffs imposed under the International Emergency Economic Powers Act. The amici argued that President Donald Trump's IEEPA tariffs clearly violate the constitutional order and, if upheld, would let the president use IEEPA " to reshape U.S. economic policy, and indeed the global economy more generally, without involving Congress" (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
Orange juice importers Johanna Foods and Johanna Beverage Company took to the Court of International Trade on July 18 to get declaratory and injunctive relief from President Donald Trump's threatened 50% tariffs on Brazilian goods. The importers argued that the tariffs, which are set to come into effect on Aug. 1, exceed Trump's authority under the International Emergency Economic Powers Act and represent an unconstitutional delegation of power (Johanna Foods v. United States, CIT # 25-00155).
The U.S. filed a complaint on July 15 in a case against importer Global Office Furniture and its owner Malcom Smith for allegedly violating the False Claims Act by knowingly underpaying duties on imported office chairs, the U.S. Attorney's Office for the District of South Carolina announced. The case was originally filed in March 2020 by Sharon Joyce, former office manager for Global Office Furniture (United States v. Global Office Furniture, D.S.C. # 2:20-01223).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. is trying to rehash settled issues in a customs suit on the classification of Honeywell's precut, radial, chordal and web fabric pieces used in airplane brakes as part of an aircraft, Honeywell argued in a July 14 reply brief at the Court of International Trade. While the government argued that the court should have performed a GRI 2(a) analysis, Honeywell argued that no such analysis was needed and that, even assuming GRI 2 is applicable, "the result is the same" that the parts are properly classified under Harmonized Tariff Schedule heading 8803 (Honeywell International v. United States, CIT # 17-00256).
The U.S. opposed two importers' bid to have the Supreme Court hear their challenge to the president's ability to impose tariffs under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit has a chance to hear the case. The government argued that the high court shouldn't step in before either the D.C. Circuit or the U.S. Court of Appeals for the Federal Circuit has had a chance to address the claims against the IEEPA tariffs, particularly since both courts are hearing the appeals on very expedited timelines (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
The Court of International Trade's decision to vacate the executive orders imposing tariffs under the International Emergency Economic Powers Act doesn't "withstand close scrutiny," NYU Law School professor Samuel Estreicher and recent law school grad Andrew Babbit said in a blog post.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. on July 15 opposed importer Simplified's bid to have the Court of International Trade reconsider its stay of proceedings in its case against the legality of tariffs imposed under the International Emergency Economic Powers Act, arguing that Simplified's case will be resolved by the current appeal on the IEEPA tariffs before the U.S. Court of Appeals for the Federal Circuit (Emily Ley Paper, d/b/a Simplified v. Donald J. Trump, CIT # 25-00096).
The U.S. Court of Appeals for the Federal Circuit issued a notice regarding its oral argument in the lead International Emergency Economic Powers Act tariff case, which is set to take place on July 31 at 10 a.m. EDT. The court said the argument will be live streamed on the court's YouTube channel and that public seating for the hearing will be available on a "first-come, first-served basis" for all members of the public and press. The court's gates will open at 8 a.m.; the courtroom doors will open at 8:30 a.m.; admittance will stop at 8:45 a.m. or after all tickets are issued, whichever is earlier; and courtroom doors will close at 10 a.m.