May 28, 2025
Court of International Trade Blocks All Trump Tariffs Imposed Under IEEPA
CIT Permanently Enjoins Trump Tariffs Imposed Using IEEPA Powers
On May 28, 2025, the U.S. Court of International Trade ruled that a US President lacks authority to unilaterally impose tariffs under the International Emergency Economic Powers Act (IEEPA), invalidating President Trump's additional tariffs on China, Canada, Mexico, and other countries. In practice, this decision halts the 30% IEEPA tariff on China, the 25% tariff on certain non-USMCA-compliant goods from Mexico and Canada, and the 10% baseline reciprocal tariff on nearly all other nations. However, tariffs under Sections 301 and 232 remain unaffected. The court also issued a judgment alongside its opinion, mandating that the government issue orders to stop these IEEPA tariffs within 10 days.
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Government Has Already Filed its Notice of Appeal
Also on May 28, 2025, the government filed a Notice of Appeal and is anticipated to seek a stay of the IEEPA tariffs during the appeals process. In practice, the government has until June 7, 2025 to issue orders complying with the Court of International Trade’s injunction against these tariffs. Thus, within 10 days, we should learn whether the IEEPA tariffs are halted or a stay is granted pending the appeal. |
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