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COURT OF INTERNATIONAL TRADE RULES IEEPA TARIFFS ARE UNLAWFUL-UPDATED

May 29, 2025

Update

As previously advised in our advisory below, CIT has determined that IEEPA does not give the President authority to impose reciprocal or drug/border tariffs.

For clarity note that the CIT directed the U.S. Government to enforce a permanent injunction against the IEEPA tariffs within 10 calendar days of its decision, setting a deadline of June 7, 2025.  In response, the government promptly filed an appeal with the US Court of Appeals in the Federal Circuit and submitted a motion requesting a stay of judgment’s enforcement during the appeal process.  If CIT grants the stay, the IEEPA tariffs will likely remain in place until a final ruling is issued.  In other words, nothing changes at this time until additional instructions have been provided.

Until Ãļ§Ö±²¥ receives further information/instructions from CBP, we are required to continue to apply all existing tariffs.  

Additionally, it remains uncertain whether importers will be allowed to file claims for refunds on IEEPA tariffs they have already paid.  

Note this is a fluid situation that we will continue to monitor.

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Previously advised:

The Court of International Trade has determined that IEEPA does not give the President authority to impose reciprocal tariffs or drug/border tariffs. The court has ruled that the IEEPA tariffs exceed the authority granted to the President.

Per the judgement issued on May 28, 2025, Executive order 14193 (Canada Drug/Border), Executive order 14194 (Mexico Drug/Border), Executive order 14195 (China Drug/Border), and Executive order 14257 (Reciprocal Tariffs), all modifications and amendments are declared invalid as contrary to law.

The administration has the option to appeal, and it is expected that they will file an appeal.  It is also very likely the administration will request a stay pending a decision on the appeal, meaning that the tariffs are probably going to stay for a while longer.

Check out the links below for more information.

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Latest News

MPF INCREASES

Customs and Border Protection has announced an increase to the Merchandise Processing Fee assessed on imported goods. The increase is effective on October 1, 2025.

CSMS message 65741993 gives the details of the adjustments. For standard entry types, MPF is assessed at 0.3464% ad valorem with minimums and maximums. The minimum will be adjusted from the current $32.71 to $33.58. The maximum will be adjusted from $634.62 to $651.50.

Click below to read more:

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EU DEAL

The President has announced a trade deal with the European Union.

Some of the terms of the deal are that the EU will purchase $750 billion worth of US energy, invest 600 billion in the US, and buy more US military equipment.

Additionally, the EU will lower the tariff on US origin goods to 0% and the US will impose 15% instead of the original 30% that was expected.

Steel and aluminum will remain at 50% for EU origin products under Section 232.

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TRADE DEALS

In a White House Fact Sheet, the Indonesia deal is outlined. Under this deal with Indonesia, the reciprocal tariff will be 19%. Other key terms include eliminating tariff barriers, breaking down non-tariff barriers for US industrial exports, US agricultural exports, and more. Additional details are in the fact sheet linked below.

In a Truth Social Post, the President has indicated that a deal has been made with Japan. According to the post, the deal includes Japan investing in the US, Japan opening their country to trade including cars and trucks, rice and other ag products etc. The reciprocal rate under this deal will be 15%. The full Truth Social post is linked below.

Click below to read more:

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