CIT upholds IEEPA rescission of de minimis exemption, denies Axle summary judgment on Counts I and II
Axle of Dearborn, Inc. v. Dep't of Com.
The U.S. Court of International Trade held in Slip Op. 26-94, Court No. 25-00091, that IEEPA's authority to "nullify [or] void . . . exercising any . . . privilege" authorizes the President's rescission of the de minimis exemption under 19 U.S.C. § 1321, and that the APA does not apply to the ministerial agency actions implementing that directive. The court denied Axle of Dearborn's motion for partial summary judgment on Counts I and II, granted summary judgment to the government on those counts, denied the government's motion to dismiss Count II as moot, and denied the government's motion for summary judgment on Count III.
The decision leaves the rescission of duty-free de minimis treatment for goods valued under $800 in place as to the claims decided, while Count III of Axle's amended complaint remains unresolved.
Source: CIT · Slip Opinions · cit.uscourts.gov