The Supreme Court will most likely decide the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act after the high court went on its four-week holiday recess. The court held its last conference day of the year on Dec. 12 and won't reconvene until Jan. 9, when it will hold both a conference day and a non-argument session, according to the court's calendar.
The following lawsuits were filed recently at the Court of International Trade:
Attorneys at Grunfeld Desiderio filed an application for a temporary restraining order last week against the liquidation of entries in various cases that were assessed tariffs imposed under the International Emergency Economic Powers Act. In its response filed on Dec. 16, the U.S. repeatedly cited the Court of International Trade's recent decision to deny an injunction against liquidation in other cases seeking IEEPA tariff refunds on the grounds that the trade court has the power to order reliquidation of finally liquidated entries in Section 1581(i) cases (see 2512150029) (Strato Technology Solutions v. United States, CIT Consol. # 25-00322).
The following lawsuits were filed recently at the Court of International Trade:
The Court of International Trade's recent decision finding that no protests are needed to file suit under Section 1581(i) seeking refunds from tariffs imposed under the International Emergency Economic Powers Act "applies solely to pending court cases at this time," said attorneys at Grunfeld Desiderio. Protests may have to be filed if the Supreme Court strikes down the tariffs and CBP has not taken other steps to effect relief.
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The following lawsuits were filed recently at the Court of International Trade:
The U.S. and attorneys at Sandler Travis filed a joint stipulation in all of the firm's recent cases filed to preserve refund rights should the Supreme Court strike down President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act.
The Court of International Trade denied a group of importers' motion for a preliminary injunction against liquidation of their entries subject to tariffs imposed under the International Emergency Economic Powers Act on the basis that the trade court has the power to order reliquidation of the entries if the Supreme Court strikes down the IEEPA tariffs.
The Court of International Trade on Dec. 15 denied a motion for an injunction stopping liquidation of entries from a group of importers that filed challenges to International Emergency Economic Powers Act tariffs. Judges Gary Katzmann, Timothy Reif and Jane Restani held that an injunction is unnecessary because the trade court has the authority to reliquidate finally liquidated entries from the importers that filed suit under the court's 28 U.S.C. 1581(i) jurisdiction if the Supreme Court invalidates the tariffs. The judges also noted the government's commitment that it won't fight against CIT's ability to order refunds, finding the U.S. is barred from changing its position in the future.