On May 28, 2025, the United States Court of International Trade (CIT) rendered the President's use of the International Economic Emergency Powers Act (IEEPA) to impose tariffs unlawful. The Government immediately appealed the decision to the U.S. Court of Appeals for the Federal Circuit (CAFC) and submitted a Motion for a Stay of Enforcement of Judgement Pending Appeal.
The CAFC has approved the government's request to temporarily stay the CIT order, allowing time to review their motion for a longer-term stay. As a result, the IEEPA tariffs will remain in effect while the appeals court evaluates the potential for a more extended stay, after both parties submit their positions to the court.
Once again, it is unclear whether importers will be able to submit a claim to obtain refunds for the IEEPA tariffs already paid. If so, importers will be eligible for refunds equivalent to the duties paid for the IEEPA fentanyl and IEEPA reciprocal tariffs retroactive to the first day of application. However, entries may not be corrected using a post summary correction (PSC) or filed without the IEEPA tariffs until a final determination is made. If entries liquidate before a final determination, importers will need to file protests to protect those entries and ensure they remain open until the matter is settled.
In the meantime, importers should monitor and track the liquidation status of their entries in which IEEPA tariffs have been paid.
Braumiller Law Group, PLLC will continue to monitor any developments in the appeal and will provide further updates as needed.
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