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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 JAS 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.
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.
Dear Valued Client,
On July 7, the administration has notified several different countries including Japan and South Korea of their new reciprocal tariffs that are expected to be applicable as of August 1. These letters are related to the reciprocal tariffs from the April 2 Executive Order 14257 that were paused starting on April 9.
Additionally, the President has signed an executive order extending the 10% reciprocal tariff to continue until at least August 1.
Click below to reach the White House Fact sheet and Executive Order:
Dear Valued Client,
The President has posted on Truth Social that a deal has been made with Vietnam. The preliminary details indicate that Vietnam will be subject to 20% tariff on goods sent directly to the US and 40% on goods transshipping. The President’s post indicates that Vietnam will open their markets to the United States.
Currently this has only been posted on social media. It is not an official announcement.
Additional updates will follow once they are available.
On June 4, the Court of International Trade determined that IEEPA does not give the President authority to impose reciprocal or drug/border tariffs. The administration immediately filed an appeal and requested a stay.
On June 10, the Court of Appeals Federal Circuit (CAFC) issued the stay which means that for the time being, the IEEPA tariffs will remain while the courts litigate on this matter.
Oral arguments are scheduled for July 31 and a final decision from CAFC is not expected until at least August.
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