Counsel for Simplified, a small business that became the first to challenge in court the use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs, told us that he believes jurisdiction to be proper in the U.S. District Court for the Northern District of Florida and not the Court of International Trade. Andrew Morris of the New Civil Liberties Alliance, the conservative advocacy group bringing the case, said jurisdiction is not reserved for the trade court, since IEEPA is not a statute that authorizes tariffs.
Canada filed a dispute consultation request with the U.S. at the World Trade Organization on April 7, alleging that the U.S. government's 25% additional tariff on automobiles and automobile parts violate WTO obligations. The request said the duties "appear to be inconsistent with" U.S. obligations under Articles II and VIII of the General Agreement on Tariffs and Trade 1994.
The Liberty Justice Center, a conservative litigation firm, issued a call for plaintiffs to challenge President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs on all goods entering the U.S. The group is looking to challenge this use of IEEPA "under the major questions and nondelegation doctrines."
The following lawsuits were filed recently at the Court of International Trade:
Importer GoLabs, doing business as GOTRAX, on April 4 dropped its customs suit at the Court of International Trade on the classification of its "hoverboards." The importer filed a complaint in February, alleging that dicycles with electric motors and gyroscopic balancing technology, marketed as hoverboards, are "children's cycles" and not "bicycles" (see 2502140057). The importer said the hoverboards fit under Harmonized Tariff Schedule subheading 9503.00.0090 and not subheading 8711.60.0050, which comes with a 25% Section 301 duty under secondary subheading 9903.88.02, as classified by CBP. John Peterson, counsel for GOTRAX, said the case will be refiled in a "week or so" due to a "minor jurisdictional glitch" (GoLabs Inc. v. United States, CIT # 25-00003).
New York resident Shuangyang Li filed a stipulation of dismissal in his case challenging several questions on his customs broker license exam. Li argued that many of the questions were unfairly ambiguous, conflicting or lacking essential information, leading to his failure to pass (see 2411220049). Li received a 73.75% score on the exam, just shy of the 75% passing grade. Li didn't respond to a request for comment on the reason for the dismissal or nature of the stipulation (Shuangyang Li v. U.S. Customs and Border Protection, CIT # 24-00205).
Various trade-related agencies recently issued a unified report to President Donald Trump discussing a range of trade topics, including the administration of antidumping duty and countervailing duty laws, the White House announced. The administration released a summary of each section, noting that for AD/CVD laws, the report recommends adding new countries to the "list of non-market economies" and engaging in more self-initiation of new AD/CVD investigations.
The International Trade Commission filed a petition for writ of mandamus at the U.S. Court of Appeals for the Federal Circuit following a recent Court of International Trade decision finding the commission's practice of automatically redacting questionnaire responses to be unlawful (see 2503270057) (In re United States, Fed. Cir. # 25-127).
The U.K. Office of Financial Sanctions Implementation released a threat assessment about possible sanctions violations by legal services providers, noting that since February 2022, the legal services sector has accounted for the second-highest number of suspected breach report submissions to OFSI. Legal services accounts for 16% of all submissions, behind first-place financial services with 65% of submissions.
The Court of International Trade's Pacer.gov system will undergo maintenance April 27 from 7 a.m. to 9 p.m. EDT, the court said. Users may have "intermittent issues" when logging onto CM/ECF and making payments through Pay.gov, the court said.