CIT grants permanent injunction against Proclamation 11012 Section 122 import surcharge for two importers and Washington

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.