Importers Learning Resources and Hand2Mind urged the Supreme Court on Aug. 5 to take up their challenge to the legality of tariffs imposed under the International Emergency Economic Powers Act prior to their case being heard before the U.S. Court of Appeals for the D.C. Circuit on the grounds that the high court may need to do so to hear the case in tandem with the lead lawsuit on the IEEPA tariffs. The importers said the Solicitor General himself suggested this course of action (Learning Resources v. Donald J. Trump, Sup. Ct. # 24-1287).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on Aug. 1 dismissed two cases from importer ArcelorMittal Long Products Canada for lack of prosecution. The cases were placed on the customs case management calendar but weren't removed at the "expiration of the applicable period of time of removal." The lawsuits concerned CBP's denial of its protest claiming its steel products should be excluded from Section 232 steel and aluminum tariffs. Counsel for the importer didn't immediately respond to requests for comment (ArcelorMittal Long Products Canada v. United States, #s 21-00342, -00343).
A total of 12 amicus briefs were filed at the U.S. Court of Appeals for the D.C. Circuit last week in conjunction with arguments from two importers challenging the legality of tariffs imposed under the International Emergency Economic Powers Act (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated on July 29-30 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The U.S. responded July 25 to importer Prysmian Cables and Systems' remaining claims challenging the Commerce Department’s rejection of the importer’s Section 232 requests, saying a number of them had already been covered by the Court of International Trade's dismissal. It also defended Commerce's ability to deny exclusion requests for national security purposes (Prysmian Cables and Systems USA v. U.S., CIT # 24-00101).
All active judges at the U.S. Court of Appeals for the Federal Circuit on July 31 heard oral argument in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act. The 11 judges peppered counsel for the government and the parties challenging the tariffs, which include five importers and 12 U.S. states, with questions about whether the statute authorizes tariffs at all; whether there are limits to that tariff authority, should it exist; and whether the major questions or non-delegation doctrines strip IEEPA of its ability to convey tariff authority (V.O.S. Selections v. Trump, Fed. Cir. # 25-1812).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: