Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
As lawsuits seeking refunds of International Emergency Economic Powers Act tariffs at the Court of International Trade continue to mount, lawyers remain uncertain of the refund process that would be followed should the Supreme Court strike down the tariffs, including whether refunds will come via judicial or administrative pathways.
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 Dec. 5 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 following lawsuits were filed recently at the Court of International Trade:
The U.S. filed a supplemental brief on Dec. 3 urging the U.S. Court of Appeals for the 9th Circuit to affirm a Montana court's decision to transfer a group of tribal members' tariff lawsuit to the Court of International Trade. The government said the plaintiffs will be able to fully adjudicate their claims at the trade court and that the 9th Circuit can't review the Montana court's transfer order, since it's not a final order nor an "immediately appealable collateral order" (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
CBP improperly denied importer Software Brokers of America, doing business as Intcomex, the temporary exclusion from International Emergency Economic Powers Act tariffs on China for in-transit merchandise, the importer argued in a Dec. 5 complaint at the Court of International Trade (Software Brokers of America d/b/a Intcomex v. United States, CIT # 25-00381).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Trade lawyers are split over the necessity of filing lawsuits now to secure potential International Emergency Economic Powers Act tariff refunds should the Supreme Court invalidate them, according to interviews with lawyers.
Plaintiffs in the massive Section 301 litigation "have every intention" to appeal their case challenging the lists 3 and 4A Section 301 tariffs on China to the Supreme Court, Matt Nicely, lead counsel for the companies, told the Court of International Trade during a Nov. 4 status conference.