The balance-of-payments import surcharge under Section 122 of the Trade Act of 1974: its rate and duration, scope, expiry and extension, and how it stacks with other tariff measures.
The U.S. Court of International Trade denied the government's motion to stay enforcement of its judgment pending appeal in Washington v. United States and Burlap and Barrel, Inc. v. United States, Slip Op. 26-53, Court Nos. 26-01472-3JP and 26-01606-3JP.
The U.S. Court of International Trade, in Slip Op. 26-47, granted summary judgment and entered a permanent injunction for The State of Washington, Burlap and Barrel, Inc. and Basic Fun, Inc. against duties imposed under Proclamation No. 11012, which invoked Section 122 of the Trade Act of 1974, 19 U.S.C. § 2312, to impose a temporary import surcharge of up to 15 percent ad valorem. The court dismissed without prejudice the claims of the remaining non-importer plaintiffs, including The State of Oregon and 21 other states and officials, for lack of standing, and denied as moot the plaintiffs' alternative motions for a preliminary injunction.