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.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A group of seven importers, led by Innovative Eyewear, is the filer of another lawsuit challenging the legality of tariffs imposed under the International Emergency Economic Powers Act, following the Supreme Court's oral argument in the lead cases on the issue in which many of the justices appeared skeptical about the validity of such tariffs. The lawsuit is the fourth of its kind to be filed at the Court of International Trade in the wake of the oral argument as importers go to court to ensure they have access to refunds should the high court strike down President Donald Trump's reciprocal and fentanyl trafficking tariffs (see 2511060015) (Innovative Eyewear v. Donald J. Trump, CIT # 25-00247).
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 Nov. 7 granted importer Danfoss' motion to reopen its case seeking exclusions from Section 301 China tariffs on its scroll compressors and scroll-type compressors after the court dismissed the case for lack of prosecution. Judge Claire Kelly vacated the dismissal and said the case will remain on the customs case management calendar until Oct. 31, 2026 (Danfoss LLC v. United States, CIT # 23-00214).
Section 122 of the Trade Act of 1974 may be a more limited "fall-back option" for the Trump administration should the Supreme Court strike down all the tariffs President Donald Trump has imposed under the International Emergency Economic Powers Act, Dr. Mona Paulsen, law professor at the London School of Economic Law School, wrote in a blog post.
There are probably five justices who will find that the reciprocal tariffs were not permissible under the International Emergency Economic Powers Act that the president used to impose them, according to Georgetown University Law Center Professor Marty Lederman. Lederman, a senior fellow in the Supreme Court Institute at Georgetown, was one of two guests on the weekly Washington International Trade Association podcast that aired Nov. 7.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Three new lawsuits were filed at the Court of International Trade Nov. 6 on the legality of President Donald Trump's use of the International Emergency Economic Powers Act as his authority to impose tariffs, on the day after the Supreme Court appeared skeptical about the validity of such tariffs. One suit was filed by three importers, led by Del Monte Fresh Produce and represented by customs lawyer Myron Barlow; another was filed by importer Turn5, represented by Crowell & Moring; and a third was filed by importer Netuno USA by trade lawyer Vinicius Adam (Del Monte Fresh Produce v. United States, CIT # 25-00244) (Netuno USA v. Donald J. Trump, CIT # 25-00245) (Turn5 v. U.S. Customs and Border Protection, CIT # 25-00246).
Various members of the trade bar speculated that the president's tariff authority under the International Emergency Economic Powers Act may face serious limits once the Supreme Court issues a decision in the lead cases on President Donald Trump's IEEPA tariffs. Following a Nov. 5 oral argument in which many of the justices appeared skeptical of Trump's sweeping use of the IEEPA to impose tariffs, many lawyers have said change may be coming in the world of trade.