The U.S. Court of Appeals for the Federal Circuit on May 29 stayed the Court of International Trade's decision to vacate all trade action taken by President Donald Trump under the International Emergency and Economic Powers Act while the appellate court considers the government's emergency stay motion of the trade court's ruling. Yesterday, the trade court vacated all of Trump's executive orders imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. The U.S. immediately filled for a stay of the decision at CIT and the Federal Circuit, arguing that such a ruling would "hamstring" U.S. foreign policy.

The District Court for the District of Columbia struck down all tariff action taken under the International Emergency Economic Powers Act a day after the Court of International Trade did the same. However, Judge Rudolph Contreras went farther than the trade court, holding on May 29 that IEEPA categorically doesn't include the power to impose tariffs.

The Court of International Trade on May 28 vacated President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico, all of which were issued under the International Emergency Economic Powers Act. The court held that the retaliatory tariffs "exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs" and that the tariffs on China, Canada and Mexico "fail because they do not deal with the threats set forth in those orders." Judges Gary Katzmann, Jane Restani and Timothy Reif permanently enjoined the tariffs, declaring that if the tariffs are "unlawful as to Plaintiff they are unlawful as to all."

The government has 10 days to issue orders implementing the Court of International Trade’s May 28 permanent injunction shutting down International Emergency Economic Powers Act tariffs on China, Canada and Mexico, as well as the 10% and country-specific IEEPA reciprocal tariffs, according to a judgment issued by the court alongside its opinion. The government has already filed an appeal of the decision.

President Donald Trump wrote on social media that he is recommending "a straight 50% tariff on the EU" starting June 1 because talks with the EU "are going nowhere!" He said, as he has before, that the EU "was formed for the primary purpose of taking advantage of the United States on TRADE."

The Bureau of Industry and Security posted the requests it has received for new products to be included as derivatives subject to Section 232 tariffs on steel and aluminum products. The release of the requests starts a two-week comment period for the potential inclusions, with comments on each due June 4.

The Court of International Trade on May 15 held that a product is "imported" for duty drawback purposes when it's admitted into a foreign trade zone and not when entered for domestic consumption. Judge Timothy Reif said the definition of "importation" found in both the dictionary and Supreme Court rulings distinguishes "importation" and "entry." The judge added that when Congress passed the current drawback statute, it specifically decided the five-year period to make a drawback claim runs from the date of importation and not the date of entry. As a result, the court dismissed importer King Maker Marketing's case challenging CBP's rejection of its substitution unused merchandise drawback claims for being untimely.

CBP released a notice outlining refund procedures to implement President Donald Trump’s April 29 executive order on tariff stacking. The notice says that, beginning May 16, importers may request refunds on entries on or after March 4 by way of a post-summary correction for unliquidated entries or a protest for entries that have been liquidated but where the protest period hasn’t expired.

Goods loaded onto feeder vessels before reciprocal tariffs took effect, but transferred to another vessel after, aren’t eligible for an exemption from the tariffs for in-transit goods, said CBP in an update to a FAQ May 15.

Overnight, the U.S. issued a statement that, by May 14, it will suspend 115 percentage points of its 145% International Economic Emergency Powers Act tariffs on China, and keep the lower rate of 30% "for an initial period of 90 days" while trade talks go on.