California Court Dismisses IEEPA Tariff Case, Says CIT Has Exclusive Jurisdiction
The District Court for Northern California on June 3 dismissed California's challenge to tariff action taken under the International Emergency Economic Powers Act, finding that the Court of International Trade has exclusive jurisdiction to hear the matter under Section 1581(i),…
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which says only CIT will hear cases arising out of U.S. laws providing for tariffs. Judge Jacqueline Scott Corley said President Donald Trump's executive orders implementing the tariffs are laws of the U.S. for purposes of Section 1581(i), since they modify the Harmonized Tariff Schedule, and the law implementing the HTS, Section 3004, says presidential action modifying the HTS is part of the HTS. Scott then dismissed the case instead of transferring, per California's request, to let the state appeal the decision.