Facing post-shutdown attorney departures and work pileups, DOJ has asked the Court of International Trade for deadline extensions for a number of pending cases.
The following lawsuits were filed recently at the Court of International Trade:
Mandi Rae Lumley, a member of the Yakama Native American tribe, dropped her lawsuit against the imposition of tariffs against herself and her company as a violation of the 1855 Yakama Treaty. On Nov. 20, Lumley's counsel, Rugged Law, a criminal justice firm in Portland, Oregon, filed a notice of voluntary dismissal without prejudice in the U.S. District Court for the District of Oregon (Mandi Rae Lumley v. U.S. Customs and Border Protection, D.Or. # 3:25-02003).
The following lawsuits were filed recently at the Court of International Trade:
Importer USP Holdings on Nov. 20 voluntarily dismissed its case at the Court of International Trade regarding the applicability of Section 232 steel and aluminum tariff exclusions. USP brought its case last month to contest CBP's denial of its protest claiming its steel entries were improperly denied Section 232 exclusions. Scott Johnston, counsel for USP, said in an email that the company ultimately received relief administratively after CBP agreed to void the denials. However, the case was initially filed, since the relief "came right at/after the 180-day period to challenge the Protest denials in the CIT." (USP Holdings v. United States, CIT # 25-00227).
The U.S. Court of Appeals for the Federal Circuit on Nov. 20 scheduled a case concerning deemed liquidation of duty drawback claims for oral argument on Jan. 8 (Performance Additives v. United States, Fed. Cir. # 24-2059).
Various importers sought to consolidate their cases against the legality of tariffs imposed under the International Emergency Economic Powers Act, all of which were filed after the Supreme Court held oral argument in the lead cases on the question. In all, the companies sought to consolidate 24 different cases on the IEEPA tariffs, all of which were brought by Crowell & Moring.
The Court of International Trade sustained the Commerce Department's antidumping duty investigation on thermal paper from Germany after the parties challenging the proceeding withdrew their challenge following the trade court's decision last month in Domtar v. U.S.
The following lawsuits were filed recently at the Court of International Trade:
Petitioner Wheatland Tube Company opposed Nov. 17 the Commerce Department’s redetermination on remand in an antidumping duty scope case on dual-stenciled pipe, saying that the “entire house of cards on which the Remand Order was built has now collapsed” since the U.S. Court of Appeals for the Federal Circuit reversed a Court of International Trade ruling on another suit (Saha Thai Steel Pipe Public Company v. United States, CIT # 21-00049).