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1 week ago | 
internationaltradetoday.com | Jacob Kopnick
To receive a preliminary injunction, a party must show it's likely to succeed on the merits, it's likely to suffer irreparable harm without the injunction, the balance of equities is in the party's favor and the injunction is in the public interest.
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1 week ago | 
internationaltradetoday.com | Jacob Kopnick
The lawsuit is the third of its kind to challenge the use of IEEPA to impose tariffs (see 2504040036 and 2504100039), though it's the first to be filed in the trade court. The five companies leading the challenge are V.O.S. Selections; Plastic Services and Products, doing business as Genova Pipe; MicroKits; FishUSA; and Terry Precision Cycling.
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3 weeks ago | 
internationaltradetoday.com | Jacob Kopnick
The lawsuit marks the first major legal challenge to Trump's rampant trade agenda. Specifically, the complaint contests the IEEPA tariffs on China, which were imposed after a finding that the flow of fentanyl into the U.S. constituted a "national emergency" requiring the imposition of tariffs. Trump imposed an initial 10% tariff on China then doubled it to 20% a month later.
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3 weeks ago | 
internationaltradetoday.com | Jacob Kopnick
In invoking IEEPA, Trump declared that a national emergency exists based on the "large and persistent trade deficit that is driven by the absence of reciprocity in our trade relationships" along with "other harmful policies," such as "currency manipulation and exorbitant value-added taxes (VAT) perpetuated by other countries." The remedy for this declared emergency is a baseline 10% tariff on all countries, with many countries receiving higher tariffs based on the size of their trade deficit...
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3 weeks ago | 
internationaltradetoday.com | Jacob Kopnick
So far, Trump has expanded Section 232 steel and aluminum duties and imposed tariffs on China, Canada and Mexico under the International Emergency Economic Powers Act (IEEPA), while announcing new tariff actions on imported cars, light trucks and cargo vans (see 2503260077) and on all goods from any country that imports Venezuelan oil (see 2503240062). So far, these actions have gone unchallenged in the judiciary.
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1 month ago | 
exportcompliancedaily.com | Jacob Kopnick |Ian Cohen
Lawrence Friedman, partner at Barnes Richardson, said the intent of the order seems to be to "shield agency action on tariffs and export controls from review under the APA." Friedman explained that the APA has an exception for review of agency decisions involving "foreign affairs functions," though he said the "threshold question" is whether the State Department's notice has any legal effect.
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1 month ago | 
exportcompliancedaily.com | Jacob Kopnick
|Europe The U.K. on March 13 revoked the antidumping duty order on chamois leather from China after the Trade Remedies Authority conducted a transition review of the order and found that there were no U.K. producers of the subject merchandise in… Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting...
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1 month ago | 
internationaltradetoday.com | Jacob Kopnick |Ian Cohen
Lawrence Friedman, partner at Barnes Richardson, said the intent of the order seems to be to "shield agency action on tariffs and export controls from review under the APA." Friedman explained that the APA has an exception for review of agency decisions involving "foreign affairs functions," though he said the "threshold question" is whether the State Department's notice has any legal effect.
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1 month ago | 
exportcompliancedaily.com | Jacob Kopnick
|EuropeThe EU General Court last week rejected Russian oligarch Alexander Ponomarenko's application to annul his sanctions listing after he argued the European Council violated his procedural rights, committed "manifest errors of assessment" and violated principles of fundamental law.
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1 month ago | 
tradelawdaily.com | Jacob Kopnick
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
California Steel initially took to the trade court in 2021 to contest 193 exclusion denials -- 170 of which were filed in 2018 and 23 of which came in 2020.
