The New Civil Liberties Alliance filed a lawsuit on behalf of paper importer Emily Ley Paper, doing business as Simplified, on April 3 challenging President Donald Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose 20% tariffs on all goods from China. Filing suit in the U.S. District Court for the Northern District of Florida, Simplified laid out three constitutional and statutory claims against the use of IEEPA to impose tariffs and one claim that the tariffs violate the Administrative Procedure Act for unlawfully modifying the Harmonized Tariff Schedule (Emily Ley Paper, doing business as Simplified v. Donald J. Trump, N.D. Fla. # 3:25-00464).
Members of Congress didn't split wholly along party lines in praising or panning the dramatic increase in global tariffs coming in the next week.
The Court of International Trade dismissed two customs cases, one brought by Meijer Distribution and one by Printing Textiles, for failure to prosecute. Both were put on the customs case management calendar but were not removed before the expiration of the "applicable period of time of removal." Meijer's case concerned whether its hand soap entries of Harmonized Tariff Schedule subheading 3401.30.50 were properly hit with Section 301 tariffs (see 2303130060). Meanwhile, the case from Printing Textiles, doing business as Berger Textiles, was on whether its coated fabric imports were properly subject to antidumping duties (see 2303150073). Neither attorney for either company responded to our requests for comment (Meijer Distribution v. United States, CIT # 23-00061) (Printing Textiles v. United States, CIT # 23-00062).
Sen. Chuck Grassley, R-Iowa, and Sen. Maria Cantwell, D-Wash., introduced a bill that would have future sections 232, 301 and 338 or International Emergency Economic Powers Act (IEEPA) tariffs expire after 60 days unless Congress were to approve the tariffs imposed by the president.
Democratic lawmakers sent a letter to Commerce Secretary Howard Lutnick urging him and President Donald Trump to exempt child care products from tariffs on China, Mexico and Canada. The tariffs will raise prices on "car seats, highchairs, strollers, and cribs" and "exacerbate the cost of caring for babies and toddlers," the lawmakers said.
Cable importer Cyber Power Systems said in a March 28 motion for judgment that CBP misclassified its products, resulting in imposition of Section 301 duties. It claimed its cables fall under the tariff-free Harmonized Tariff Schedule provision for “telecommunications cables” because they serve as parts of larger telecommunications systems (Cyber Power Systems (USA) v. United States, CIT # 21-00200).
To date, no major lawsuits challenging any of the new tariff actions taken by President Donald Trump have been filed. The reasons for that include high legal hurdles to success and inconsistency in the implementation of the tariffs, trade lawyers told us.
The U.S. will impose additional 10% tariffs on most imports, but not on Mexican and Canadian goods, information goods like books, music or films, or any goods either subject to Section 232 tariffs or among goods that Trump is considering protecting under Section 232, including pharmaceuticals, copper, lumber, semiconductors, certain critical minerals, and energy and energy products.
Tariffs cause ripple effects throughout the international trade and business communities beyond just the levies on goods at the time of entry, experts said during a Zencargo "Tariff Talk" webinar on March 31.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: