On May 7, 2026, the United States Court of International Trade (“CIT” or “Court”) invalidated Proclamation No. 11012 in The State of Oregon, et al. v. United States, et al. and Burlap and Barrel, Inc., et al. v. United States, et al., holding that the President exceeded his statutory authority in imposing a temporary
CBP Reports Continued Progress on ACE CAPE System for IEEPA Refunds in CIT Filing
On March 19, 2026, Brandon Lord, the Executive Director of U.S. Customs and Border Protection, filed a status update with the U.S. Court of International Trade (“CIT”) outlining CBP’s progress in developing a new Automated Commercial Environment (“ACE”) functionality intended to support refunds of tariffs that were imposed under the International Emergency Economic Powers Act (“IEEPA”).
New Litigation Challenging Legality of Section 122 Duties
On Friday, March 5, 2026, twenty-four (24) states filed a complaint in the Court of International Trade (“CIT”) against the Trump Administration challenging the legality of the Section 122 duties imposed on February 20th after the U.S. Supreme Court ruled that the International Emergency Economic Powers Act does not permit the president to impose tariffs. For additional information about the Supreme Court’s decision and the Section 122 duties, see our prior blog posts here and here.
Court of International Trade Orders CBP to Refund IEEPA Duties on All Liquidated and Unliquidated Entries
On March 4, 2026, following the February 20, 2026 decision by the Supreme Court invalidating IEEPA tariffs, the Court of International Trade ordered CBP to (a) liquidate “without regard to IEEPA duties” all unliquidated entries that were subject to IEEPA tariffs, and (b) reliquidate “without regard to IEEPA duties” any entries for which liquidation is not yet final.
Week Sixteen and Seventeen in Trade
Week Seventeen
CIT Unequivocally Strikes Down IEEPA Tariffs as Invalid
On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT), in a unanimous decision, held tariffs imposed by the Trump Administration pursuant to the International Emergency Economic Powers Act of 1977 (IEEPA) to be unlawful and invalid. The CIT’s order
Court of International Trade Unequivocally Declares IEEPA Tariffs to be Unlawful
On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT), in a unanimous decision, held tariffs imposed by the Trump Administration pursuant to the International Emergency Economic Powers Act of 1977 (IEEPA) to be unlawful and invalid. The CIT’s order covers IEEPA tariffs imposed against Canada, Mexico and China related
The Court of International Trade Rules that Reliquidation is Available as a Remedy in APA Cases Brought Under the Court’s Residual Jurisdiction Provision
In a September 6, 2023 opinion issued by Judge M. Miller Baker in three cases brought under the Court’s residual jurisdiction provision, 28 U.S.C. § 1581(i), the U.S. Court of International Trade (“CIT”) held that reliquidation is available as a remedy in Administrative Procedure Act (“APA”) cases. At least in the short term, this decision creates
August 2023 Trade Law Update
In Husch Blackwell’s August 2023 Trade Law Update you’ll learn about the following updates in international trade and supply chain law:
- An update on U.S. Department of Commerce decisions
- U.S. International Trade Commission – Section 701/731 proceedings
- Customs and Border Protection case summaries
- Summary of decisions from the Court of International Trade
Should you have
February 2023 Trade Law Update
- An update on U.S. Department of Commerce decisions
- U.S. International Trade Commission – Section 701/731 proceedings
- Customs and Border Protection case summaries
- Summary of decisions from the Court of International Trade
- February export controls
January 2023 Trade Law Update
- An update on U.S. Department of Commerce decisions
- U.S. International Trade Commission – Section 701/731 proceedings
- Customs and Border Protection case summaries
- Summary of decisions from the Court of International Trade
- January export controls