Court of International Trade (CIT) Judgment - International Emergency Economic Powers Act (IEEPA) Tariffs

CSMS # 65201384 - Court of International Trade (CIT) Judgment - International Emergency Economic Powers Act (IEEPA) Tariffs issued.

On May 28, 2025, the United States Court of International Trade (CIT) issued judgment in V.O.S. Selections, Inc. et al. v. United States et al., Court No. 25-00066, and Oregon et al. v. Dep’t of Homeland Security et al., Court No. 25-00077, concerning the tariffs imposed by the following Executive Orders (the Challenged Tariff Orders), including all modifications and amendments thereto:

• Executive Order 14193, Imposing Duties To Address the Flow of Illicit Drugs Across Our Northern Border, 90 Fed. Reg. 9113 (Feb. 1, 2025);
• Executive Order 14194, Imposing Duties To Address the Situation at Our Southern Border, 90 Fed. Reg. 9117 (Feb. 1, 2025);
• Executive Order 14195, Imposing Duties To Address the Synthetic Opioid Supply Chain in the People’s Republic of China, 90 Fed. Reg. 9121 (Feb. 1, 2025);
• Executive Order 14257, Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits, 90 Fed. Reg. 15041 (Apr. 2, 2025).

The CIT enjoined “the operations of the Challenged Tariff Orders” including all modifications and amendments.  The United States appealed the CIT’s decision and the U.S. Court of Appeals for the Federal Circuit temporarily stayed with the CIT’s decision while the Federal Circuit considers the Government’s Motion to Stay pending appeal.

In addition, on May 29, 2025, the U.S. District Court for the District of Columbia issued a decision in Learning Resources, Inc. et al. v. Trump et al., Court No. 25-1248 (RC), which the United States has also appealed.

Further guidance will be forthcoming.