Court Rules that Liquidation will not Bar Importers from Recovering IEEPA Tariffs in Court Challenge - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
The Court of International Trade issued a decision today in the pending IEEPA litigation holding that liquidation of an entry will not bar the Court from granting refunds in the event IEEPA Tariffs are found to be unlawful by the U.S. Supreme Court in V.O.S. Selections, Inc. v. Trump, 149 F.4th 1312 (Fed. Cir. 2025), cert. granted, No. 25-250, 2025 WL 2601020 (U.S. Sept. 9, 2025). The decision, Slip Op. 25-154 in AGS Company Automotive Solutions, et al., v. United States, No. 25-00255, concluded that the Government would be judicially estopped from asserting that liquidation prevents the ordering of refunds in an action pending before the Court.
Importantly, the court’s decision applies solely to pending court cases at this time.
The court also indicated that IEEPA tariffs may not be recoverable merely by filing administrative protests against liquidations under 19 U.S.C. § 1514(a).
The availability and process for obtaining refunds of IEEPA tariffs is a developing situation and may be impacted by future court decisions. Please contact one of our attorneys if you have questions.
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Federal Register Notices:
• Investigations; Determinations, Modifications, and Rulings, etc.: Methylene Diphenyl Diisocyanate (MDI) From China; Revised Schedule for the Subject Proceeding
• Hard Empty Capsules From Brazil, China, India, and Vietnam; Revised Schedule for the Subject Proceeding
• Chassis and Subassemblies From Mexico, Thailand, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
• Erythritol From China; Revised Schedule for the Subject Proceeding
• Notice of the Opening of the Inclusions Window for the Section 232 Automobile Parts Tariff Inclusions Process
• Investigations; Determinations, Modifications, and Rulings, etc.: Multifunctional Acrylate and Methacrylate Monomers and Oligomers (MAMMOs) From South Korea and Taiwan; Revised Schedule for the Subject Proceeding
• Certain Collated Steel Staples From China; Scheduling of Expedited Five-Year Reviews
• Silicon Metal From Angola, Australia, Laos, Norway, and Thailand; Revised Schedule for the Subject Proceeding
• Investigations; Determinations, Modifications, and Rulings, etc.: Polypropylene Corrugated Boxes From China and Vietnam; Revised Schedule for the Subject Proceeding
• Quartz Surface Products From India and Turkey; Determinations
• Chromium Trioxide From India and Turkey; Revised Schedule for the Subject Proceeding
• Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Notice of a Commission Determination To Review in Part an Initial Determination Granting a Motion for Summary Determination of Violation; Request for Written Submissions on the Issue Under Review and on Remedy, the Public Interest, and Bonding
• Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Corrosion-Resistant Steel Products From Brazil, Canada, Mexico, and the Socialist Republic of Vietnam: Countervailing Duty Orders
• Standard Steel Welded Wire Mesh From Mexico: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty and Countervailing Duty Orders; Correction
• Mobile Access Equipment and Subassemblies Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022
• Corrosion-Resistant Steel Products From Brazil and Mexico: Amended Final Antidumping Duty Determination; Corrosion-Resistant Steel Products From Australia, Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan, the Republic of Türkiye, the United Arab Emirates, and the Socialist Republic of Vietnam: Antidumping Duty Orders
• Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part
• Non-Oriented Electrical Steel from Japan: Final Results of Antidumping Duty Administrative Review; 2022-2023
• Agreement Suspending the Antidumping Duty Investigation on Sugar From Mexico: Final Results of the 2022-2023 Administrative Review
• Notice of Rescission of Antidumping and Countervailing Duty Administrative Reviews; Correction
• Investigations; Determinations, Modifications, and Rulings, etc.: Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof; Notice of Institution of Investigation
• Certain Semiconductor Devices, Computing Products Containing the Same, and Components Thereof; Notice of Institution
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Commerce Secures $20 Billion in Commercial Deals with Saudi Arabia - U.S. International Trade Administration
WASHINGTON, D.C. – Today, the U.S. Department of Commerce celebrated the signings of over $20 billion in commercial deals between the United States and Saudi Arabia. Through the commercial diplomacy work of the International Trade Administration’s U.S. Commercial Service and Advocacy Center, a dozen U.S.-Saudi commercial deals have been secured, including in the energy, technology, construction and infrastructure, aerospace, and health care sectors.
As part of the U.S.-Saudi Investment Forum held at the Kennedy Center today, Secretary of Commerce Howard Lutnick, along with Saudi Arabia’s Minister of Investment Al-Falih, chaired a CEO Roundtable that brought together C-suite executives from across the U.S. and Saudi business communities to commemorate the deals and advance further commercial partnerships. Under Secretary of Commerce for International Trade William Kimmitt and Assistant Secretary of Commerce for Global Markets David L. Fogel also participated.
“These U.S.-Saudi commercial deals showcase the International Trade Administration’s continued commitment to support American companies as they advance American innovation globally,” said Under Secretary William Kimmitt. “Our teams will continue to deliver wins under President Trump’s trade agenda that powers U.S. ingenuity, manufacturing, and energy independence by putting American workers first.”
The deals announced include:
• Amazon reached a deal with the Ministry of Communications and Information Technology (MCIT) to build data centers in Riyadh and invest in Artificial Intelligence (AI) infrastructure.
• GE Aerospace and Saudia Airlines signed an agreement for the purchase of GEnx-1B engines, including installed engines and spare engines, for 39 Boeing 787-9 and 787-10 aircraft for Saudia Airlines’ fleet.
• NextDecade secured a project agreement with Saudi Aramco to support U.S. and Saudi energy independence to secure critical LNG supply chains for both countries. This deal includes the purchase of 1.2 MTPA of LNG.
• Bechtel attained three deals with Ma’aden EXPO 2030 and King Salman Airport for critical infrastructure that supports both the U.S. and Saudi Arabia’s supply chains.
• Abbott reached an agreement with the Saudi Ministry of Industry and the National Industrial Development Center to provide medical equipment and pharmaceuticals.
View the full list of commercial deals announced here.
ITA’s Global Markets business unit — including its U.S. Commercial Service and Advocacy Center experts in Washington, D.C., across the United States, and around the world — played a key role in advancing the commercial agreements by providing the needed support to U.S. companies looking to partner with foreign governments. As U.S. companies compete in procurement bids aligned with U.S. national interests, ITA activates government-to-government engagement to advance U.S. company competitiveness and deliver on Trump Administration priorities, including in energy security, supply chain resilience, and technology leadership.
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Thermoformed Molded Fiber Products from China and Vietnam Injure U.S. Industry, Says USITC - U.S. International Trade Commission
The United States International Trade Commission (Commission or USITC) today determined that a U.S. industry is materially injured by reason of imports of thermoformed molded fiber products from China and Vietnam that the U.S. Department of Commerce (Commerce) has determined are sold in the United States at less than fair value and subsidized by the governments of China and Vietnam.
Chair Amy A. Karpel and Commissioners David S. Johanson and Jason E. Kearns voted in the affirmative.
The Commission also made an affirmative critical circumstances finding with regard to imports of these products from Vietnam subject to Commerce’s affirmative determination of critical circumstances. Chair Amy A. Karpel and Commissioner Jason E. Kearns voted in the affirmative regarding critical circumstances; Commissioner David S. Johanson voted in the negative.
As a result of the Commission’s affirmative determinations, Commerce will issue antidumping duty orders and countervailing duty orders on imports of these products from China and Vietnam.
The Commission’s public report on Thermoformed Molded Fiber Products from China and Vietnam (Inv. Nos. 701-TA-739-740 and 731-TA-1716-1717 (Final), USITC Publication 5964, January 2026) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 23, 2026; when available, it may be accessed on the USITC website.
Status of proceedings, links to relevant documents, and more information about these investigations can be found at the Commission’s Investigations Database System (IDS).
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Treasury’s Office of Cybersecurity and Critical Infrastructure Protection Issues Annual Consumer Advisory on Holiday Scams - U.S. Department of Treasury
WASHINGTON – Today, the U.S. Department of the Treasury’s Office of Cybersecurity and Critical Infrastructure Protection (OCCIP) released its annual holiday advisory to help consumers protect themselves from the surge in cyber-enabled scams and online fraud. As digital transactions and online shopping continue to grow, so do the risks. Fraud losses have reached unprecedented levels, costing consumers and financial institutions tens of billions of dollars each year. Increasingly, scammers are also leveraging advanced technologies, including artificial intelligence, to impersonate trusted individuals or businesses, automate outreach, and make fraudulent schemes more convincing and harder to detect.
This holiday season, Treasury urges consumers to stay vigilant, be proactive, and respond quickly if they believe they are being targeted.
“As cyber-enabled fraud reaches unprecedented levels, the U.S. Department of the Treasury is urging consumers to be on high alert this holiday season,” said Cory Wilson, Deputy Assistant Secretary for OCCIP. “Scammers are exploiting digital platforms and emerging technology in increasingly sophisticated ways. Financial losses from fraud and scams are in the billions and underscore just how serious this threat has become. Treasury is committed to combating fraud, and consumers play a critical role as well. We encourage consumers to stay aware, question unexpected messages or offers, and take the simple protective steps outlined in this advisory. A few moments spent verifying information or consulting a trusted friend or family member can prevent significant harm and help all of us fight back against fraud.”
Access OCCIP’s Cyber-Safe Holidays: Recognizing and Avoiding Seasonal Scams [hyperlink] Report fraud to the Federal Trade Commission at ReportFraud.ftc.gov and the Federal Bureau of Investigation Internet Crime Complaint Center (IC3).
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Treasury’s Office of Cybersecurity and Critical Infrastructure Protection Issues Annual Consumer Advisory on Holiday Scams - Federal Trade Commission
The Federal Trade Commission is sending checks totaling more than $9.6 million to eligible consumers impacted by CarShield’s misleading claims about its vehicle service contracts.
In July 2024, CarShield, a seller of vehicle service contracts, and American Auto Shield, LLC (AAS), the administrator of such contracts, agreed to pay nearly $10 million to settle an FTC complaint. The complaint alleged CarShield’s advertisements and telemarketing for vehicle service contracts were deceptive and misleading, and that purchasers found many repairs were not “covered,” despite making payments of up to $120 per month. The FTC alleged CarShield’s ads deceptively represented that all repairs to consumers’ vehicles, or to “covered” systems within their vehicles, would be paid for under the plans; consumers would receive a rental car at no cost if their car broke down; and consumers could use the repair facility of their choice for repairs.
Under the order settling the FTC’s allegations, CarShield and AAS are prohibited from making deceptive and misleading statements in the future when advertising their vehicle service contracts and they are required to ensure their endorsers’ testimonials are truthful, accurate, and not deceptive.
The FTC is sending checks to 168,179 affected consumers. Recipients should cash their checks within 90 days, as indicated on the check. Consumers who have questions about their payment should contact the refund administrator, Analytics, at 855-298-8877, or visit the FTC website to view frequently asked questions about the refund process. The Commission never requires people to pay money or provide account information to get a refund.
The Commission’s interactive dashboards for refund data provide a state-by-state breakdown of refunds in FTC cases. In 2024, FTC actions led to more than $339 million in refunds to consumers across the country.
The Federal Trade Commission works to promote competition and protect and educate consumers. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.