CIT Declines to Lift Stay in Suit on End of de Minimis Threshold
The Court of International Trade on Oct. 20 denied importer Detroit Axle's motion to lift the stay of its case contesting President Donald Trump's decision to end the de minimis threshold for goods from China. In a text-only order, the trade court said the company's motion for partial summary judgment is stayed pending resolution of V.O.S. Selections v. Donald J. Trump, the lead case on whether Trump can use the International Emergency Economic Powers Act to impose tariffs, which is currently being briefed before the Supreme Court (Axle of Dearborn d/b/a Detroit Axle v. United States, CIT # 25-00091).
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CIT Judges Jane Restani, Gary Katzmann and Timothy Reif stayed Detroit Axle's case pending V.O.S. Selections, since the executive order eliminating the de minimis threshold for Chinese products was the same one at issue in the lead IEEPA tariff case. However, after a separate executive order eliminated the threshold globally, the importer asked for the stay to be dissolved, saying plaintiffs' success in the IEEPA tariff case wouldn’t necessarily grant it the relief it is seeking (see 2509080062).
CIT also denied Detroit Axle's bid to amend its complaint to add a claim against the new executive order. The court referred to the fact that the case is stayed in denying the motion without prejudice.