The following lawsuit was filed recently at the Court of International Trade:
Treasury Secretary Scott Bessent said he will attend the Supreme Court's Nov. 5 oral argument on whether President Donald Trump can use the International Emergency Economic Powers Act to impose tariffs. Speaking on Fox News Nov. 3, Bessent said he's going to "hopefully" sit in the "front row, and have a ring-side seat" to the argument (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
Importer Topcon Positioning Systems on Nov. 3 told the Court of International Trade that its "laser levels" are "surveying instruments," properly classified under duty-free Harmonized Tariff Schedule subheading 9015.30.4000, which provides for "levels" used for "surveying." In a motion for summary judgment, Topcon also argued that its accessories are, "in turn," classified under duty-free subheading 9015.90.0030, which covers accessories of surveying instruments (Topcon Positioning Systems v. United States, CIT # 14-00189).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Lanxess argued again Oct. 31 that its polymerization accelerator -- a substance used to accelerate the chemical process of plastic manufacturing -- is properly classified as a “supported catalyst,” not as a chemical preparation (Lanxess Corporation v. United States, CIT # 23-00073).
President Donald Trump on Nov. 2 said he won't attend the Supreme Court's oral argument on Nov. 5 on whether the president can use the International Emergency Economic Powers Act to impose tariffs. Speaking to reporters aboard Air Force One, Trump said he didn't want to call attention to himself, adding that "[i]t's not about me, it's about our country" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The following lawsuit was filed recently at the Court of International Trade:
The Trump administration filed its reply brief on Oct. 30 in the Supreme Court cases on the legality of tariffs imposed under the International Emergency Economic Powers Act, addressing a host of arguments relating to the text of the IEEPA, all of the statute's requirements and the history of the measure (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
CBP erroneously found that importer Superon Schweisstechnik's stainless steel round wires aren't coated in a "flux material" and thus misclassified three types of the wires, Superon argued in an Oct. 30 complaint filed at the Court of International Trade. The importer faulted CBP for using the "conventional test methods" on the wires' coating, "rather than the globally recognized specialized methods necessary for identifying" the type of coating on the wires (Superon Schweisstechnik India v. United States, CIT # 21-00570).
Mandi Rae Lumley, a member of the Yakama Native American tribe, filed suit against the imposition of tariffs against her, claiming any duties assessed against her violate the 1855 Yakama Treaty. Lumley, filing suit along with her company Tikkun Olam Holdings, said the Yakama Treaty lets members of the Yakama tribe "use any public highway to carry on free trade with any trading partner" (Mandi Rae Lumley v. U.S. Customs and Border Protection, D.Or. # 3:25-02003).