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US Court of International Trade rules against tariffs imposed under emergency powers legislation

The United States Court of International Trade (CIT) has ruled against President Trump’s imposition of tariffs under the pretext of a national emergency. The court’s decision resulted from two cases (V.O.S. Selections, Inc. et al. v. United States of America et al. and The State of Oregon et al. v. United States Department of Homeland Security et al.) and represents both the first decision by the courts on the US administration’s trade policy, as well as the first judicial reversal of tariffs imposed under the Trump administration. 

The decision focused on the limits of presidential authority under the IEEPA, as well as Congress’ ability to delegate its tariff authority. In its ruling , the court determined that the International Emergency Economic Powers Act (IEEPA) did not authorize the President to impose tariffs, and that congressional authorization must be in place for decisions of vast economic and political significance.  

The court’s decision is limited to the tariffs imposed by the US Administration under the IEEPA:

  • IEEPA Fentanyl Tariffs on Products of China imposed in February 2025;
  • IEEPA Fentanyl/Border Tariffs on Products of Mexico and Canada; and
  • IEEPA Reciprocal Tariffs of 10% on products from all countries except for Canada and Mexico.

The court requires the decision to be implemented within 10 calendar days, however the US government has appealed. It is not yet clear if the appeal will result in a stay on implementation of the court’s ruling. 

The decision can be accessed here: https://www.cit.uscourts.gov/content/slip-opinions-2025

Topic(s)

Hot topics
U.S. Tariffs and Canadian Retaliatory Surtax
International Trade and Border Management

Information source

U.S. Customs and Border Protection (CBP)
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The foregoing information is provided for informational purposes only and is not intended as, nor should it be considered, professional advice or a substitute for conducting your own thorough research and review. Before making any decisions or taking any action based on the information provided, you should conduct your own independent investigation and/or seek professional advice from a qualified expert in the relevant field. The CSCB disclaims all liability for actions taken or not taken based on the information provided.