CIT Assigns Suit on Elimination of de Minimis Threshold to Katzmann, Reif, Restani
The Court of International Trade on May 23 assigned a case challenging the elimination of the de minimis threshold on goods from China to Judges Gary Katzmann, Timothy Reif and Jane Restani. The court has assigned these same three judges to all cases challenging President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs.
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The case at issue here was brought by importer Detroit Axle to challenge the elimination of the de minimis threshold for Chinese products and tariffs imposed on China, which both were effectuated under IEEPA (see 2505190050). Detroit Axle recently filed a joint motion for a preliminary injunction and summary judgment, concurrently asking the court for an expedited briefing schedule that would wrap by June 27 (see 2505220063).
Katzmann, Reif and Restani have held two hearings in other IEEPA tariff cases, sharply questioning whether the statute provides for tariff-setting authority, whether the court can review if a declared emergency relates to an "unusual and extraordinary threat," and whether the tariffs "deal with" the declared threat (see 2505210079).