In Learning Resources, Inc. v. Trump, the U.S. Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. While Learning Resources concluded that the IEEPA tariffs are invalid, the Court did not address refunds, leaving the question to the lower court, the U.S. Court of International Trade (CIT). Recent Developments Impacting Refund Considerations In December, the CIT responded to a wave of new complaints brought by…
To kick off its 2026 Global Trade and Customs Webinar Series Baker McKenzie’s global customs team led a discussion on the the impact of the US Supreme Court’s recent IEEPA ruling and how the decision reshapes the global trade landscape. Below are the key takeaways from our recent discussion on the ruling. You can view the webinar recording and register for upcoming installments in the series here. 1. IEEPA-based tariffs declared illegal The US Supreme…
In a widely anticipated decision, on February 20, 2026, the US Supreme Court ruled in Learning Resources, Inc. v. Trump that the International Emergency Economic Powers Act (“IEEPA”) does not authorize the President to impose tariffs. This decision invalidates substantial tariffs that President Trump imposed under the IEEPA in the first year of his second term, resetting the trade landscape. Following the Supreme Court’s announcement, the Trump Administration issued an executive order terminating the IEEPA tariffs,…
On August 29, the US Court of Appeals for the Federal Circuit (CAFC) issued a 7-4 en banc opinion in VOS Selections, Inc v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose broad, indefinite tariffs. The case was initially brought in the Court of International Trade (CIT) by private businesses and US state attorneys general. The President invoked IEEPA on various grounds, including concerns about drug…
Effective today, August 29, 2025, de minimis duty-free treatment under 19 U.S.C. § 1321(a)(2)(C) is no longer available for shipments valued at $800 or less, entering into the United States, including those entering through international mail, under Executive Order (“EO”) 14324 of July 30, 2025. Carriers delivering shipments to the United States through the international postal network, or other qualifying parties that are approved by Customs and Border Protection (“CBP”), must collect and remit duties to CBP…
On August 25, U.S. Customs and Border Protection (“CBP”) issued a draft Federal Register notice to effectuate the President’s Executive Order (“EO”) on “Addressing Threats to the United States by the Government of the Russian Federation,” which imposed additional tariffs on imports of Indian origin due to India directly or indirectly importing Russian oil. Under these new tariffs, imports of most goods of Indian origin will be subject to an additional 25% duty, effective August 27, which…
Following a busy week in trade, with numerous US court decisions over the past days, businesses may be left wondering as the week wraps up: where does the recent flurry of decisions leave us? Where things stand Refresher on how we got here
In a landmark decision, the United States Court of International Trade (“CIT”) has ruled against the President’s imposition of tariffs under the International Emergency Economic Powers Act (“IEEPA”). The decision (involving two consolidated 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.), is the first court decision on the Administration’s trade policy and the first…
US tariffs on imports of Chinese-origin products went into effect at 12.01am ET on February 4, 2025, with 10% duties being imposed on all imports of Chinese-origin goods. The executive order implementing the tariffs directs that in addition to imposing 10% tariffs on all goods of Chinese origin, low-value shipments of Chinese-origin goods are no longer eligible for duty-free entry under Section 321 of the Tariff Act of 1930 (19 USC 1321), significantly impacting e-commerce…
At the time of the publication of this blogpost on February 1, 2025, Mexico, Canada, and China have not yet responded to the imposition of tariffs. Stay tuned for updates and insights and practical tips for trade between the United States and these three countries as the situation develops. President Trump signed executive orders today, February 1, 2025, imposing the long-anticipated tariffs he has called for on Canada, Mexico, and China since early in his…