By:  Brian Walczyk, Compliance Manager, TradeInsights, LCB, CCS

On May 28, 2025, the United States Court of International Trade (US CIT) ruled that the IEEPA tariffs are unlawful.  The US CIT decision can be reviewed here.

The US CIT found that IEEPA did not authorize the reciprocal or fentanyl tariffs.  As a result, the US CIT is expected to issue a repeal order directing that the executive orders imposing the tariffs be vacated by June 7, 2025.  This order is expected soon.

The Government immediately filed an appeal with a motion for a stay of enforcement, pending the appeal decision.  If the motion for stay of enforcement is upheld the tariffs will continue to be collected until the appeal process is finished.  It is not clear whether or when refunds will be issued, and if they will be automatic or require post summary corrections (PSC) and protests.

For now, tariffs will continue to be collected by US CBP under the IEEPA executive orders until the final order is issued by the US CIT.

We will continue to monitor and provide updates as they become available.

Please contact your V. Alexander account team, or you may also contact our Trade Compliance team at tradeinsights@valexander.com with any questions.