United States of America: Court of International Trade declared unlawful tariff regime implemented by Trump Administration including Executive Order 14195 and its subsequent amendments concerning duty-free de minimis treatment

Description

Court of International Trade declared unlawful tariff regime implemented by Trump Administration including Executive Order 14195 and its subsequent amendments concerning duty-free de minimis treatment

On 28 May 2025, the United States Court of International Trade declared unlawful the tariff regime implemented by the Trump Administration, including Executive Order 14195 and its subsequent amendments concerning duty-free de minimis treatment. The Court ruled that the International Emergency Economic Powers Act (IEEPA), relied upon to justify the Executive Orders, does not provide legal authority for the Worldwide, Retaliatory, or Trafficking Tariff Orders. The court has ruled that the "Worldwide and Retaliatory Tariffs" (Executive Orders 14257, 14266, 14259, and 14298) exceed the authority granted to the President by the IEEPA, while the "Trafficking Tariffs" (Executive Orders 14157, 14193, 14195, 14194, 14228, 14198, 14197, 14231, 14232, 14226, 14227, 14200, and 14256) fail to address the threats outlined in those Orders and therefore cannot be authorised by the IEEPA. The Court further decided that the ruling will not be applied strictly to the Defendants, but to all. The Trump Administration notified the Court that plans to appeal the decision. The appeals from the US Court of International Trade are heard at the Court of Appeals for the Federal Circuit, followed by the Supreme Court.

Original source

Scope

Policy Area
International trade
Policy Instrument
Import tariff
Regulated Economic Activity
platform intermediary: e-commerce
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2025-04-14
under deliberation

On 14 April 2025, five small businesses filed a lawsuit challenging the legality of tariffs imposed…

2025-05-28
in force

On 28 May 2025, the United States Court of International Trade declared unlawful the tariff regime …

2025-05-29
under investigation

On 29 May 2025, the United States Court of Appeals for the Federal Circuit granted a temporary admi…