The U.S. Court of Appeals for the Federal Circuit on June 10 stayed the Court of International Trade's permanent injunction on all of President Donald Trump's executive orders implementing tariffs under the International Emergency Economic Powers Act pending the appeal of the case. In a per curium order, all CAFC judges in regular active service said "a stay is warranted under the circumstances." In addition, the court said all active judges will hear the case, as opposed to the court's traditional three-judge panel approach, in light of the "issues of exceptional importance" presented by the matter.
The District Court for the District of Columbia on June 3 stayed its decision finding that the International Economic Emergency Powers Act doesn't confer tariff-setting authority and declaring that all tariff action taken under IEEPA is illegal. Judge Rudolph Contreras suspended his preliminary injunction on the collection of the tariffs from the plaintiffs, two small importers, as well as the "accompanying memorandum opinion," which said IEEPA doesn't provide for tariffs. The ruling is stayed pending the government's appeal of the decision to the U.S. Court of Appeals for the D.C. Circuit. The judge said a stay is "appropriate to protect the President’s ability to identify and respond to threats to the U.S. economy and national security."
Steel and aluminum and their derivatives will be subject to 50% tariffs, not 25% tariffs, President Donald Trump wrote in a proclamation. The changes take effect at 12:01 a.m. June 4.
An increase in tariffs on steel will also apply to aluminum, and it will take effect June 4, said Donald Trump in a post on Truth Social. “It is my great honor to raise the Tariffs on steel and aluminum from 25% to 50%, effective Wednesday, June 4th. Our steel and aluminum industries are coming back like never before. This will be yet another BIG jolt of great news for our wonderful steel and aluminum workers. MAKE AMERICA GREAT AGAIN!”
CBP is extending a tariff exemption for goods that are in-transit to reflect the May 28 Court of International Trade judgment vacating President Donald Trump's International Emergency Economic Powers Act tariffs on China, Canada and Mexico. "CBP’s updated guidance is that it is generally not realistic for shipments to qualify for the in-transit exceptions if entry is not made prior to June 16, 2025," it said May 30. CBP previously said the in-transit exceptions would end May 28.
President Donald Trump said May 30 he plans to double tariffs on imported steel to 50%. “We are going to be imposing a 25% increase,” Trump said at a US Steel facility in Pennsylvania. “We’re going to bring it from 25% to 50% -- the tariffs on steel into the United States of America -- which will even further secure the steel industry in the United States." Trump added: "Nobody’s going to get around that." He didn't say when the new duties will take effect.
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 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.
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."