CIT denies government motion to dismiss ICON EV's EAPA due process challenge
ICON EV LLC v. United States Public version: 05/26/2026.
The U.S. Court of International Trade held in Slip Op. 26-55, issued May 26, 2026, that it has subject matter jurisdiction under 28 U.S.C. § 1581(i) over ICON EV LLC's Fifth Amendment due process challenge to interim measures CBP imposed under the Enforce and Protect Act, and denied the government's motion to dismiss. The case, Court No. 26-02759, concerns interim measures CBP imposed on April 6, 2026 in EAPA Cons. Case 8247, requiring an over-500% duty rate and live entry cash deposits on ICON's imports of low-speed personal transportation vehicles from China. The court had granted ICON a preliminary injunction on April 24, 2026, effective April 30, 2026.
The ruling keeps ICON's constitutional challenge and its preliminary injunction in place while CBP's EAPA investigation into evasion of the LSPTV antidumping and countervailing duty orders continues.
Source: CIT · Slip Opinions · cit.uscourts.gov