CIT Denies Miller & Chevalier's Motion for Limited Lifting of Stay in IEEPA Tariff Cases
The Court of International Trade on Jan. 14 denied Miller & Chevalier's motion for a limited lifting of the stay imposed by the trade court in a handful of new cases seeking refunds of tariffs imposed under the International Emergency Economic Powers Act.
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Judges Timothy Reif, Gary Katzmann and Jane Restani held that the firm failed to show good cause for lifting the stay in light of the government's stipulation regarding reliquidation, "which it has stated applies to all current and future similarly situated plaintiffs." The judges invoked their ruling in AGS Company Automotive Solutions v. U.S., in which the court said it has the authority to reliquidate finally liquidated entries in Section 1581(i) cases (see 2512150029).
Despite this ruling, Miller & Chevalier asked the court to partially lift the stay in the cases it filed seeking IEEPA tariff refunds to let certain importers file a motion for a preliminary injunction to suspend liquidation of certain entries for which the importers have paid IEEPA tariffs (see 2601120053). The firm said that unless liquidation is suspended, the importers' entries "will liquidate imminently in the ordinary course."