News & Analysis as of

International Trade Statutory Interpretation

Alston & Bird

Federal Circuit Decision on IEEPA Tariffs Appealed to Supreme Court

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On September 3, 2025, the U.S. government filed a petition for a writ of certiorari requesting that the Supreme Court review on an expedited basis the 7-4 decision of the U.S. Court of Appeals for the Federal Circuit, which...more

Jenner & Block

Client Alert: Federal Circuit Affirms Invalidation of Trump's IEEPA Tariffs—Tariffs Remain in Effect Pending Supreme Court Review

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In a highly anticipated decision released last week, the en banc US Court of Appeals for the Federal Circuit dealt a blow to President Trump’s tariff agenda. The Federal Circuit’s ruling came down in a consolidated appeal of...more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Reciprocal Tariffs and Trafficking Tariffs Illegal but Continue to Be Required at Time of Entry

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The U.S. Court of Appeals for the Federal Circuit held unenforceable the Trump administration’s Reciprocal Tariffs and Trafficking Tariffs instituted under the International Emergency Economic Powers Act (IEEPA). In V.O.S....more

Kelley Drye & Warren LLP

Federal Circuit Affirms That IEEPA Tariffs Are Unlawful

On Friday, August 29, the U.S. Court of Appeals for the Federal Circuit issued a decision striking down the global reciprocal tariffs (“Reciprocal Tariffs”) and the fentanyl-related tariffs on Canada, Mexico, and China...more

Clark Hill PLC

Federal Circuit invalidates Trump’s IEEPA tariffs on global imports

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In a landmark ruling, the U.S. Court of Appeals for the Federal Circuit has affirmed that the President lacks authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports. ...more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Fentanyl and Reciprocal Tariffs Illegal But Continue to Be Required at Time of Entry

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The U.S. Court of Appeals for the Federal Circuit issued its decision in VOS Selections Inc. v. United States where the plaintiffs challenged the validity and legality of the Trump administration’s tariffs instituted under...more

Friling Law

Removal from the OFAC SDN List: Legal Framework, Challenges, and Strategic Considerations

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Introduction - The Office of Foreign Assets Control (OFAC), part of the U.S. Department of the Treasury, is the agency responsible for enforcing America’s economic sanctions. One of its most powerful tools is the Specially...more

Bradley Arant Boult Cummings LLP

Court of Federal Claims Sides with Small Business in Landmark TAA vs. BAA Protest

In a recent bid protest decision, The DaVinci Company LLC v. United States, the U.S. Court of Federal Claims reaffirmed the enduring authority of the Trade Agreements Act (TAA) in federal procurements. At the center of the...more

Hogan Lovells

U.S. de minimis customs exception to end in August 2025

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President Trump signed an executive order that will end the de minimis customs exception for parcels valued at less than $800. On July 30, 2025, President Trump signed Executive Order 14324, “Suspending Duty-Free De Minimis...more

Jenner & Block

As President Trump Announces New Tariffs, Federal Circuit Questions “Breathtaking” Scope of Trump's Claimed Tariff Authority

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On August 3, 2025, the US Court of Appeals for the Federal Circuit, sitting en banc, heard nearly two hours of oral argument in V.O.S. Selections, Inc. v. Trump. Argument focused on whether the president has the authority to...more

IR Global

Legality of the Suspension of Cobalt Exports in the DRC: A Critical Analysis of the ARECOMS Decision

IR Global on

This paper critically assesses the legality of Decision No. 001/ARECOMS/2025, which imposed a temporary suspension on cobalt exports from the Democratic Republic of Congo (DRC). Adopted in a context of declining cobalt...more

Bradley Arant Boult Cummings LLP

Jurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are Limited

In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions...more

Troutman Pepper Locke

IEEPA Tariffs to Remain Temporarily Despite Adverse Ruling; Aluminum and Steel Tariff Rate Increased

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On May 28, the U.S. Court of International Trade ruled that the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) were unlawful. In the case of V.O.S. v. United States, the court...more

BCLP

Importers Who Paid IEEPA Tariffs That Were Later Ruled Unlawful Seek Refunds

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Markets plunged earlier this year upon President Trump’s announcement of steep tariffs on imports to the U.S. from its trading partners, at rates varying from 10% to 125% depending on the country of the imported goods’...more

Husch Blackwell LLP

Permanent Injunction – IEEPA Reciprocal Tariffs Will Continue to be Collected During the Pendency of the Appeal

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On June 10, 2025, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) stayed the Court of International Trade’s (“CIT”) permanent injunction on the Trump Administration’s executive orders...more

Woods Rogers

Tariff Turmoil: Trump’s Trade Regime Hits Legal Snags

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In 24 hours, two federal courts injected significant uncertainty into the viability of tariffs implemented by President Trump under the authority of the International Emergency Economic Powers Act (IEEPA)....more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2025 - Tariffs Legal Decisions Under IEEPA Raise Constitutional Issues for Circuit...

Several lawsuits challenging the legal validity of the tariff actions taken by President Trump since he took office on January 20, 2025, are in process of moving through the federal courts. They raise a variety of important...more

Morrison & Foerster LLP

Two Federal Courts Temporarily Strike Down President Trump’s IEEPA Tariffs

On May 28, 2025, the U.S. Court of International Trade (CIT) ruled that President Trump lacks authority under the International Emergency Economic Powers Act (IEEPA) to impose his most sweeping tariffs against U.S. trading...more

ArentFox Schiff

Court Ruling Rocks the Trump Trade Strategy

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At a critical stage of the Trump Administration’s aggressive global trade reset, a federal court has struck down a major statutory pylon of the White House trade strategy, potentially depriving President Trump of the most...more

Adams & Reese

Tariff Update: Pauses, New Tariffs, and Lawsuits

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President Trump continues to expand his trade policy by announcing proposed increased tariffs, while trading partners attempt to effectuate trade deals with the US, and as President Trump’s authority to impose his initial...more

Jenner & Block

Client Alert: Tariffs Cancelled By Courts—Or Are They?

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Two courts this week invalidated the tariffs issued by the President under the International Emergency Economic Powers Act (IEEPA). First, late Wednesday night (May 28), the US Court of International Trade (CIT) in V.O.S. v....more

Ice Miller

Historic Rulings on Tariffs Set Stage for Potential Supreme Court Showdown

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On May 29, 2025, the U.S. District Court for the District of Columbia issued two historic rulings in the case of Learning Resources, Inc., et al., vs. Donald Trump, et al. First, it ruled that the Court of International Trade...more

Cozen O'Connor

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

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On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump....more

Wiley Rein LLP

CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

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On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of...more

Kelley Drye & Warren LLP

Court of International Trade Finds Tariffs Imposed Pursuant to IEEPA Unlawful

On May 28, 2025, in a major development, a three-judge panel of the United States Court of International Trade (“CIT”) held that President Trump’s recent imposition of tariffs pursuant to the International Emergency Economic...more

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